Medeni usul hukuku açısından asliye ticaret mahkemeleri ve yargılama usulleri
Commercial courts and jurisdiction procedures in terms of civil procedure law
Yazar: AYŞE KARAKİMSELİ SEZGİN
Danışman: DR. ÖĞR. ÜYESİ ŞÜKRAN AKGÜN
Erciyes Üniversitesi / Sosyal Bilimler Enstitüsü / Özel Hukuk Ana Bilim Dalı
Derece: Doktora, 2024
Konu: Hukuk = Law

Özet:
In our study, the structure, duties, and procedures of the commercial courts, which play an important role in our judiciary, have been examined in a broad context. It was determined that the term "asliye" in the name of the court, which defines its position in relation to the civil court of first instance in its history, should be removed. A notable aspect is that the commercial court is the only collective court in our first-instance judicial system. Furthermore, the court's practice of hearing some cases with a single judge and others collectively is a first in our legal system. However, it was concluded that this system causes several problems in practice, making it unsuitable. To truly be specialized courts, commercial courts must have changes in the qualifications of their judges. The study also examines the criteria that should be used to determine the scope of the commercial courts' jurisdiction and whether it is appropriate for issues categorized as commercial disputes under the legal regulations to be included in this jurisdiction. In this context, it was concluded that many cases classified as commercial disputes do not actually meet the criteria. Finally, our study addresses the procedures of the commercial courts and the differences in evidence in commercial cases, focusing particularly on the introduction of mandatory mediation for commercial disputes. It was determined that including all commercial disputes within the scope of mediation is not appropriate. Additionally, it was concluded that no separate regime is needed in terms of evidence.
Keywords: commercial court, special court, commercial case, case condition mediation and commercial books.

Abstract:
In our study, the structure, duties, and procedures of the commercial courts, which play an important role in our judiciary, have been examined in a broad context. It was determined that the term "asliye" in the name of the court, which defines its position in relation to the civil court of first instance in its history, should be removed. A notable aspect is that the commercial court is the only collective court in our first-instance judicial system. Furthermore, the court's practice of hearing some cases with a single judge and others collectively is a first in our legal system. However, it was concluded that this system causes several problems in practice, making it unsuitable. To truly be specialized courts, commercial courts must have changes in the qualifications of their judges. The study also examines the criteria that should be used to determine the scope of the commercial courts' jurisdiction and whether it is appropriate for issues categorized as commercial disputes under the legal regulations to be included in this jurisdiction. In this context, it was concluded that many cases classified as commercial disputes do not actually meet the criteria. Finally, our study addresses the procedures of the commercial courts and the differences in evidence in commercial cases, focusing particularly on the introduction of mandatory mediation for commercial disputes. It was determined that including all commercial disputes within the scope of mediation is not appropriate. Additionally, it was concluded that no separate regime is needed in terms of evidence.
Keywords: commercial court, special court, commercial case, case condition mediation and commercial books.