International authority of Turkish courts
2008
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Advisor: Prof. Dr. Vahit Doğan
Abstract (EN)
The objectives of this study are to examine the concept of international authority, international jurisdiction systems and the regulations considering the bases that construct the authority of the Turkish courts in the legal disputes having an element of foreignness and the authorization of the courts in the international arena, and to provide information about these subjects.The study primarily examines the concepts of international authority. Secondly, international authority system of the Turkish courts is examined with respect to the related laws, international agreements and the case law of the Supreme Court of Appeal.Several systems are taken as a basis in relation to the determination of the international authority that defines in the courts of which country the legal conflicts that includes a foreign element will be prosecuted. In Turkish Law under No 5718 Law of the International Private Law and Procedural Law (MÖHUK) adopted on 27.11.2007, the following provision is included: ?rules of authority on the basis of location of the domestic law define the international jurisdiction of Turkish courts?. Moreover, in addition to the authority-related rules of the domestic law, the principle of introducing complementary rules is adopted.It is possible to authorize courts with authorization contracts under certain terms and conditions. In the Turkish law, authorization contracts and their limits are regulated by the Article 47 of No 5718 MÖHUK. It is agreed that the authority of the authorized court shall not be revoked by the contracts to be signed by the parties in case of the employment contract and business relations contracts and the conflicts resulting from consumer contracts and insurance contracts.Keywords1.Authority2.International Authority3.International Authority of Turkish Courts4.The Authority of Turkish Courts5.Authorization Agreements
Author
Sıdıka Ayşegül Demir İskenderoğlu
Institution
How to Cite
Sıdıka Ayşegül Demir İskenderoğlu (Master Thesis). International authority of Turkish courts, 2008, Gazi University.
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