The Impact of Article 9 of the Turkish Civil Procedure Code on the International Jurisdiction of Turkish Courts
Development summary
Rumeysa Partalci examines how the international jurisdiction of Turkish courts is determined in cases involving persons without a domicile in Türkiye. The analysis considers the general jurisdiction rule and special jurisdiction rules under the Turkish Code of Private International and Procedural Law, before explaining the general jurisdiction provision applicable in such cases.
The central method is a comparison between Article 9 of the Turkish Code of Civil Procedure and Article 16 of the former Code of Civil Procedure. Particular attention is given to the additional jurisdiction rule for property claims involving persons without a domicile in Türkiye, together with the consequences of the change from the former provision and the views expressed in legal scholarship.
Research note
Issue
How the international jurisdiction of Turkish courts is determined for persons who do not have domicile in Turkey under Article 9 of the Turkish Code of Civil Procedure.
Concepts
Academic details
“Hukuk Muhakemeleri Kanunu’nun 9. Maddesinin Türk Mahkemelerinin Milletlerarası Yetkisine Etkisi”
Sakarya Üniversitesi Hukuk Fakültesi Dergisi, Vol. 10 No. 2 · 2022
DOI 10.56701/shd.1124285