131 Union of Turkish Bar Associations Review 2022 Hacı KARA In the case subject to the decision of Y 11. HD, T. 5.12.2016, E. 2016/13640, and K. 2016/9304: In the case of the local court, the Law on the Protection of the Consumer numbered 6502 entered into force on 28.05.2014, according to the 3/1-L clause of the Law, it is stated that the “...insurance...”49 business is a consumer transaction, and the court’s lack of jurisdiction on the grounds that the consumer court is in charge and authorized in the case subject to the lawsuit, according to HMK 114/1-c and 115/2, it was decided to be rejected due to the procedure. Upon appealing the local court decision, the Court of Cassation “the compensation case subject to concrete dispute is the risk indemnity receivable arising from insurance contracts regulated in Articles 1401 and the following of TCC numbered 6102 has decided. The liability of the defendant company has derived from article 1473 of the afoand care. In case the defendant company undertakes the responsibility of the medical service provided by the non-litigation doctor to the plaintiffs under the power of attorney agreement, with the insurance policy, the plaintiffs are the “consumer” stated in article 3/k of the Law No. 6502, and the insurance policy issued by the defendant company is under the 3rd paragraph of the Law. It is the “consumer transaction” expressed in the article L, and the Consumer Courts are responsible for the dispute, according to the express provision of Article 73/1 of the Law. Insurance Law is regulated in the 6th book of the Turkish Commercial Code No. 6102, which came into force on 01.07.2012, in articles 1401-1520, in accordance with article 4/1-a of the Law, cases arising from insurance disputes are considered commercial lawsuits, and in article 5 of the Law, Commercial Courts of First Instance are assigned. However, with the article 3/k, L and 73/1 of the Law No. 6502, which entered into force on 28.05.2004, the provisions of the Law No. 6102 regarding the duty were abolished in terms of insurance disputes within the scope of the Law No. 6502. In disputes, Consumer Courts are accepted as responsible. Moreover, the explicit provision of Article 83/2 of Law No. 6502 emphasizes that the Consumer Court is in charge in the dispute, without leaving any room for doubt. “As it is understood from all these explanations, for example, if one of the parties in the transportation or insurance contracts issued in the TCC is a consumer, the transaction subject to the lawsuit will now be considered a consumer transaction, so the Law No. 6502 will be applied and its duty will be determined accordingly (National Commentary Aristo Publications p. 1280). Since the Consumer Court is in charge of the dispute, while the local court’s decision should be reversed, I am against the majority opinion that the decision should be upheld by ignoring the articles 3/k, L, 73/1 and 83/2 of the Law No. 6502. www.kazanci. com, (Date of Access: 25/08/2019). 49 Law no. 6502 art. 3/1: In the implementation of this Law, “l) Consumer transaction: A work established between consumers and real or legal persons acting for commercial or professional purposes, including public legal entities in the goods or service markets, or acting on behalf of or on behalf of them, means all kinds of contracts and legal transactions, including transportation, brokerage, insurance, power of attorney, banking and similar contracts.
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