EN
TR
The international jurisdiction of Turkish courts for matters arising out of insurance contracts is provided in Art. 46 of the PILA. However, this provision takes into account only disputes between the parties of an insurance contract, namely the insurer and the policyholder, the insured or a beneficiary, …
In this presentation, within the framework of the said Court of Cassation decision, the issue of international jurisdiction of Turkish courts in cases involving direct right of action against insurers will be evaluated; and deficiencies of Art. 46 PILA will be explained in light of comparative law. Additionally, attention will be drawn to the distinction between the existence of right of direct action under the applicable law to the merits of the dispute, and the existence of international jurisdiction of the courts to hear and solve such cases.…
Keywords: Direct right of action against insurers; international jurisdiction of Turkish courts; matters relating to insurance; private international law; comparative law.…
