International jurisdiction of courts in the disputesarising from insurance contracts in Turkey and European Union
2019
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Advisor: Dr. Öğr. Üyesi Ali Gümrah Toker
Abstract (EN)
In disagreements arising from the insurance contracts which has an element of foreignness, the international authority of the Turkish courts is specified within the scope of rules being the chracteristic of special arrangement which are the International Private Law and in the Adjective Law numbered 5718. In conjunction with the analysis of the international authority of the Turkish courts in disagreements arising from the insurance contracts which has an element of foreignness issue in our study, likewise it is mentioned briefly to the general international authority system of Turkish Act on Private International Law and International Civil Procedure. Besides, in disagreements arising from insurance contracts, the issue of if the counterparties will authorize a foreign country or a Turkish court by means of making an authority agreement within the scope of the 47th clause of Turkish Act on Private International Law and International Civil Procedure, the manner of asserting of the objection by counterparties, the problem of the international pendency in case of to sue the case which has the same counterparties, topic and the reason in courts more than one, according to the judgements of the legislations of Brussels I is in the European Union Law Statue, the international authority of the member states in disagreements arising from the insurance contract, the manner and the possibility of the authority contract, the authority objection and the international pendence issues were analyzed.
Author
Dr. Arda Balkan
Institution
How to Cite
Arda Balkan (Master Thesis). International jurisdiction of courts in the disputesarising from insurance contracts in Turkey and European Union, 2019, Dokuz Eylül University.
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