The qualification of a case as a commercial case is important in terms of the provisions to be applied and the determination of the court where the case will be heard.
Absolute Commercial Litigation
Absolute commercial cases are listed in the TCC and special laws. For example; Lawsuits arising from the matters regulated in the TCC, lawsuits arising from the acquisition of an asset or business, lawsuits related to publishing contracts, lawsuits arising from the legislation on intellectual property law are sold as absolute commercial lawsuits in the TCC. Lawsuits arising from the financial leasing law, cooperatives law, TIRK and bankruptcy proceedings in the İİK are absolute commercial lawsuits listed in special laws.
Relative Commercial Litigation
Lawsuits arising from matters related to the commercial business of both parties (for example, the dispute may arise from the contract or from tort) are commercial.
Lawsuits Concerning a Commercial Entity and Arising from Transfer, Vedia and Rights Regarding Intellectual and Artistic Works
Here, in order for a lawsuit to be accepted as a commercial lawsuit, it will not be sufficient for the dispute to arise only from the rights of remittance[1], data[2] and intellectual and artistic works. In addition, it will also be sought that the issue is of interest to the commercial enterprise of one of the parties.
[1] Bilateral authorization for giving and receiving (receiving, holding) money, valuable papers or other similar things.
[2] A contract in which the custodian undertakes to accept a movable thing left to him by the custodian and to keep it in a safe place.
According to the TCC, unless there is a provision to the contrary, the commercial court of first instance is responsible for dealing with all commercial cases and uncontested commercial matters, regardless of the value or amount of the thing being sued.
Considering the above information, we are faced with the Commercial Law,
Trader,
Commercial company,
Transfer,
Pledge,
Commercial Business,
Commercial Judgment,
Merchant Liability,
Merchant Assistants,
Trade name,
Trade Registry,
Unfair competition,
Commercial Books,
Many concepts such as these are emerging and these concepts are regulated by the Turkish Commercial Code.
