Company and Commercial Cases

According to the Turkish Commercial Code (TCC Art. 1.1); The Turkish Commercial Code is an integral part of the Turkish Civil Code. The provisions of this law and the special provisions relating to transactions and acts concerning a commercial enterprise that are prescribed in other laws are commercial provisions. In commercial affairs about which there is no commercial provision, the court decides according to the commercial customs, and in lack thereof, according to the general provisions (TCC Art. 1,2). The issues regulated in the Turkish Commercial Code are commercial transactions. In addition, all transactions and actions relating to a commercial enterprise are also commercial transactions (TCC art.3).

In accordance with the first paragraph of Article 19 which regulates the commercial presumption of a merchant's debts to be commercial, legal lawsuits arising from matters considered to be commercial for both parties are commercial cases. Such cases are also called relative commercial cases.

If a transaction, action or business the both sides of which is a merchant is related to the commercial enterprise of both parties, that business is commercial and the dispute arising shall be deemed as commercial litigation (Article 19.1 of the TCC). Neither conditions are optional; both conditions must be present together.

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