Mesajı Okuyun
Old 18-02-2002, 21:58   #4
jus_

 
Varsayılan

the competence of the jurisdiction deriving from a traffic accident varies due to turkish procedure code Art.8.It may either be the place of residence of the defendant -as the general rule- or in case there is no common place of jurisdiction with respect to abundance of the perpetrators of tort then the courts of the place where the accident took place must be solely competent.However a tacit agreement of jurisdiction may occur if the suit was brought before a non-competent court and the defendants fail to raise the objection of lack of competence as a preliminary objection. However the relevant provisions of the Turkish law of the road must be took in board as well as the ones of the Procedure Code regarding the jurisdiction clauses in the insurance issues.