Evaluation of the arbitral decisions of the insurance arbitration commission on motor insurance and compulsory financial liability in the light of Turkish Commercial Law
2023
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Danışman: Dr. Altan Fahri Gülerci
Özet (EN)
The Insurance Arbitration Commission has an extremely important role in accelerating the Turkish judiciary. Because insurance law, especially in the field of motor insurance and financial liability insurance, has a very common application area. For this reason, it is extremely important in terms of insurance law to be able to determine the point of view that the commission follows in the disputes that occur by examining the decisions made by the insurance arbitration commission in the field of motor insurance and liability insurance. In this thesis, by examining the decisions made by the insurance arbitration commission over the years, one by one, it has been tried to determine which subjects are generally applied to the commission and what kind of path is followed by the commission in these matters. In order to achieve this, in the research, alternative institutions such as the insurance arbitration commission were examined and the working principle of the institutions was tried to be understood. Thanks to this comparison, the options that the parties have in order to resolve the dispute in a dispute arising from insurance law have been put forward in a concrete way. Subsequently, the functioning of the commission was discussed together with its history, and thus the principle of the commission's trial was also understood. It is explained how the parties who want to apply to the commission should follow. However, after the commission was preferred by the applicants, what kind of procedure started to work is also discussed. In the last part, the decisions of the commission were examined together with their justifications and evaluated in the light of legal regulations and current Supreme Court decisions. While making the evaluations, the areas where the decisions overlap with the articles of the Turkish Commercial Code are explained in detail. Thus, information was obtained both about the decisions made by the insurance arbitration commission in the field of motor insurance and liability insurance and about the insurance legislation, which is regulated in the 6th Book of the Turkish Commercial Code. As a result, with this research, a detailed analysis has been created about the functioning of the insurance arbitration commission and its decisions.
Yazar
Dr. Ayşe Nur Özden
Bu Yayına Nasıl Atıf Yapılır
Ayşe Nur Özden (Master Thesis). Evaluation of the arbitral decisions of the insurance arbitration commission on motor insurance and compulsory financial liability in the light of Turkish Commercial Law, 2023, Afyon Kocatepe University.
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