18 Nov OBJECTION OF AUTHORITY
CHAIRMAN OF THE COMMERCIAL COURT OF FIRST INSTANCE;
FILE NO : …/ … E.
IN THE OBJECTION OF AUTHORITY :
THE FOUND DEFENDANT
TRADE REGISTRATION NO :
address :
attorney :
(Legal representatives of the parties, if any)
OPPONENT :
attorney :
(Legal representatives of the parties, if any)
SUBJECT : The authority consists of our objection.
CASE VALUE :
(In cases related to property rights)
INSTRUCTIONS :
1-) Our client is a casco insurer of a vehicle with license plate number that belongs to the plaintiff. (APPENDIX-1)
2-) The plaintiff has substituted the existing case on the grounds that the damage caused to his vehicle in the amount of …-TL has not been paid by us (ANNEX-2).
3-) 6 of the law No. 6100. in its article, the subject matter of the court of general jurisdiction is regulated as follows:
“The court of general jurisdiction is the settlement court of the respondent natural or legal person at the time of the opening of the case.”
15 of the same law. in the article, the subject of authorization in cases arising from the insurance contract is regulated as follows:
“Lawsuits arising from loss insurance may also be filed where the risk occurs if the insurance relates to a real estate or a movable property that must be fixed somewhere due to its nature or is required, where the property is located; if it relates to a movable property that does not need to be fixed somewhere or is not required.”
4-) Our client is an insurance company organized as a joint stock company, and thus, the place of residence is … where the center is located. An october of the trade registry record related to this has been submitted to your court’s examination in the annex to our petition (OCTOBER-3). The non-litigation agency regulating the insurance policy is also located in the same province. October October 4), the registration record of the non-litigation agent, which is not a branch of our client but an independent organization, is also presented in the appendix. Tool in case if there is damage, please the attached form (Appendix 5) accident report suggests, as a plaintiff’s lawyer, due to a business trip at that time while cruising in the province where it was found, by failing to notice the hole, the tool is formed at the lower end in the pit quickly.
5-) Given the above legal regulations, it is obvious that your court, which is the subject of the case at hand, is not authorized in terms of this case. Because the plaintiff has filed this lawsuit at his own place of residence, which is not included in any of the above. Therefore, the obligation to make the first objection to the authority has arisen.
LEGAL REASONS : 6100 P. K. m. 6, 15, 19, 116.
LEGAL EVIDENCE: …/…/… example of damage determination fee dated, Trade registry record of the client company, traffic accident detection record dated …/…/…, trade registry record of the non-litigation agent, Casco Insurance policy dated …/…/…
CONCLUSION AND REQUEST: For the reasons described above, we request by proxy that, upon acceptance of our first objection to the authority, it be decided that your court is unauthorized and the file will be sent to the competent … Commercial Court of First Instance. …/ …/ …
ANNEXES: 1…./…/… Casco Insurance policy dated
…/…/… example of a dated damage determination fee
The client is registered in the trade registry of the company.
The trade registration register of the agency that made the contract.
…/…/… the minutes of the traffic accident detection dated.
An example of a certified power of attorney
The Defendant Attorney
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