134 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions al Court of First Instance”, and in some decisions, the case should be heard in the “Consumer Court”, because it is a consumer transaction. The issue became even more important in article 20 of the “Law on the Procedure for Initiating the Follow-up of Receivables Arising from the Subscription Agreement” dated 06.12.2018 numbered 7155, and with the addition of article 5/A, after article 5 of the “Turkish Commercial Code” dated 13.01.2011 and numbered 610252. According to Article 5/A titled mediation as a condition of action: “1) Before filing a lawsuit specified that in Article 4 of this Law and other laws against claims for receivables and compensation, the subject of which is the payment of a certain amount of money from commercial lawsuits, it is compulsory for action to apply to a mediator. 2) The mediator concludes the application within six weeks from the date of his assignment. This period may be extended by the mediator for a maximum of two weeks in compulsory cases. In this case, it becomes important whether the lawsuits to be filed regarding insurance are also subject to the mediation condition. Article 4 of the TCC states: “The cases that are clearly stated as commercial cases in the Turkish Commercial Code or special laws or that are clearly stated to be pending in the Commercial Courts are absolute commercial cases.” Since the insurance law is regulated in the TCC with Article 4 of the TCC, the lawsuits arising from these contracts are considered as commercial lawsuits. On the other hand, in article 3/1(l) of the Law on the Protection of the Consumer (LPC) No. 650253 “All kinds of contracts and legal transactions, in the goods or services markets, including works (locatio conductio operis), transportation, brokerage, insurance, power of attorney, banking and similar contracts whose established between consumers and real or legal persons including public legal entities acting for commercial or professional purposes, or acting on behalf of or on behalf of them” as defined. With Article 3/1(k) of Law No. 6502, the consumer is defined as “a real or legal person acting for non-commercial or non-professional purposes”. According to article 73/1 of the same Law, “Consumer Courts are in 52 OG: D. 19.12.2018 and N. 30630. 53 The Law dated 07.11.2013 and numbered 6502 entered into force by being published in the OG dated 28.11.2013 and numbered 28835.
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