What is the Procedure for Commercial Cases?
Commercial lawsuits are cases heard by special courts that function as commercial courts. Since the Turkish Commercial Code (TCC) does not specify a special procedural law for commercial cases, there is no difference in the trial procedure compared to other lawsuits. There are many differences between ordinary business and the provisions applicable to commercial business. For information on this matter and to ask questions you are curious about, you can look at the relevant online companies on the internet pages and examine them in detail from here.
Commercial Lawsuits
According to Article 4 of the Turkish Commercial Code, evidence is subject to the provisions contained in the Code of Civil Procedure No. 6100. In commercial cases that do not exceed a certain value, the simplified procedure is applied. The only difference from non-commercial cases is that the simplified procedure is applied to cases below a certain threshold.
What Are the Types of Commercial Lawsuits?
Commercial lawsuits are divided into 3 categories: absolute and relative commercial lawsuits, and lawsuits related to rights such as remittance, deposit, and tender concerning a commercial enterprise. We can summarize these lawsuits in bullet points as follows:
- Absolute Commercial Lawsuits
These are lawsuits where no element, connection point, or reason changes the commercial nature of the lawsuit, and the court's opinion has no role. Whether the parties are merchants or not will not have any effect on the outcome of these lawsuits being commercial.
- Relative Commercial Lawsuits
These are lawsuits whose basis is derived from the relevant statement in Article 4 of the Turkish Commercial Code. As can be understood from the relevant article, it is evident that the lawsuit gains a commercial nature if both parties to the lawsuit are merchants and the lawsuit concerns the commercial enterprise of both parties. If the two conditions are not met together, the lawsuit does not acquire a commercial nature.
- Lawsuits Related to Rights Such as Remittance, Deposit, and Tender Concerning a Commercial Enterprise
For these types of lawsuits to be considered commercial lawsuits, it is sufficient for only one party to be related to their commercial enterprise.
