What are Commercial Cases?

Commercial Cases

Commercial cases, as they cover a special area, should be heard in specialized courts. In our country, due to a lack of judges, cases that should actually be heard by a panel are being heard by single-judge courts. The scope of commercial cases is broadly defined by law. Some laws specify that certain cases should be classified as commercial. Just as cases should be heard by courts authorized in those matters for them to proceed more quickly and for legally sound decisions to be made, it is essential for practitioners to know which cases fall under which court's jurisdiction, which will ensure justice operates swiftly and prevent excessive loss of time. Comprehensive information regarding commercial cases can be found on the site.

What are Commercial Transactions?

According to Article 3 of the Turkish Commercial Code (TCC) No. 6102, all acts and transactions related to a commercial enterprise, as well as matters regulated by law, are considered commercial transactions. Whether a transaction is commercial or ordinary necessitates the application of different rules. It is necessary to determine whether a transaction is commercial based on the rules found in the law. If the transaction is commercial, the application of special commercial rules is mandatory. Generally, all transactions concerning a commercial enterprise are classified as commercial transactions. Commercial cases are different from these. Commercial cases are regulated in Article 4 of the Turkish Commercial Code. According to this article, lawsuits arising from matters related to the commercial enterprise of both parties, as well as all cases that are commercial in nature and mentioned in various laws, are classified as commercial cases. In line with this article, for a case to be considered a commercial case, both parties must be merchants and the subject of dispute must arise from matters related to the commercial enterprise of both parties, or it must be a commercial non-contentious judicial matter, or the case in question must be one of the cases listed in the relevant article.