135 Union of Turkish Bar Associations Review 2022 Hacı KARA charge of cases related to disputes that may arise from consumer transactions and consumer-oriented practices”. LPC should be considered as a more specific law than the TCC when both the previous law and the next law, and the private and general law are evaluated. As a matter of fact, the concept of consumer transaction defined in LPC also supports this. In addition, Article 83/2 of the LPC clearly states that “The regulation in other laws regarding the transactions in which one of the parties is formed by the consumer does not prevent this transaction from being considered a consumer transaction and the implementation of the provisions of this Law regarding duty and authority.” In this case, there is a dual distinction. First, the insured who files a lawsuit against the insurer is considered a consumer unless he “acts for commercial or professional purposes”.54 On the other hand, if the person filing a lawsuit against the insurance company “acts for commercial or professional purposes”, there will be a commercial lawsuit and the lawsuit will be heard in the commercial court. In this case, compulsory mediation will be in question.55 Article 73/A was added to the LPC with article 59 of the “Law on the Amendment of the Code of Civil Procedure and Some Laws”.56 With this new article, mediation has been introduced as a mandatory litigation condition for consumer cases. According to article 73/A of LPC, “The 54 Y 11. HD’s decision dated 21.05.2018 and numbered 2016-15082/3733 “...The case is about the request for the refund of the deductions made based on the private pension insurance contract. In article 3/1-k it is regulated that the consumer will express, and in article 3/1-l the consumer transaction is regulated, and 73/1 of the same Law is stipulated. Considering that the transactions arising from the insurance contract within the scope of the Law No. 6502 are also consumer transactions and the settlement place of the disputes related to the aforementioned contracts is the consumer courts, it should be decided that the case be rejected out of procedure in accordance with Article 115/2 of the Code of Civil Procedure numbered 6100...”. www.kazanci.coart.tr, (Date of Access: 19.08.2020). 55 The decision of the 11th HD, dated 16.04.2018 and numbered 2017-1010/2784: “... According to the entire scope of the file, the Court determined that the doctor who gave birth to the plaintiff and followed her pregnancy was insured with the Compulsory Liability Insurance Policy for Medical Malpractice. The case was rejected on the grounds that the doctor alleged to have caused the damage has taken out insurance due to his professional activity, he is not a consumer; there is no contract between the plaintiffs and the defendant. Therefore the insurance law provisions of the TCC should be applied in the case. In case of a request within the legal time limit, it is appropriate to decide to send the file to the Commercial Court...”. www.kazanci.com.tr, (Date of Access: 19.08.2020). 56 The Law dated 22.7.2020 and numbered 7251 entered into force by being published in the OG dated 28.07.2020 and numbered 31199.
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