We can define the law of all relations, actions and situations related to and subject to trade as commercial law. We define persons carrying out commercial activities as merchants, and legal persons as commercial companies. Trade, on the other hand, is all the actions that are subject to the buying and selling of goods and services, from production to consumption. In terms of commercial law, what constitutes commercial business is determined within the framework of Article 3 and Article 19 of the Commercial Code. However, all transactions and actions concerning a commercial enterprise constitute business subject and business. Commercial companies do not have ordinary domains (non-business related businesses).
Commercial law is included in private law, in the distinction between public law and private law. In public law, the superior/unilateral will of the state is in question, while in private law equality/freedom of wills is valid.
The main source that regulates the commercial law and is in force is the Turkish Commercial Code No. 6102.
The subjects of commercial law can be specified as commercial enterprise, commercial companies, negotiable papers, transportation works, maritime trade and insurance, capital market law, banking law, intellectual and industrial property law, competition law, transportation law.
The provisions to be applied to commercial affairs are not limited to the provisions of the commercial law, but the provisions of other laws, especially the Civil Code and the Code of Obligations, will also be applied to commercial affairs.
In practice;
- Mandatory provisions of the Commercial Code and other laws,
- Contract provisions,
- Supplementary or interpretive commercial provisions,
- Commercial customs,
- General provisions of other laws,
sequence is followed.
Commercial cases are heard in commercial courts of first instance. In commercial lawsuits for claims for receivables and compensation, the subject of which is the payment of a certain amount of money, it has become a condition of action to apply to a mediator before filing a lawsuit. However, if a lawsuit is filed without an application to the mediator, the lawsuit is dismissed. The mediator concludes the application within six weeks from the date of assignment. This period may be extended by the mediator for a maximum of two weeks in compulsory cases.
If the person receiving an invoice does not object to the content of the invoice within eight days from the date of receipt, it is deemed to have accepted the content. If an objection is not made in due time, the burden of proof changes against the invoice recipient. Notices or warnings between the merchants regarding default of the other party, termination of the contract, withdrawal from the contract are made through a notary public, registered letter, telegraph or registered electronic mail system using a secure electronic signature.
A claim may be barred by statute of limitations, but this does not end the right to claim, it makes the right to claim an incomplete debt. Upon the expiry of the statute of limitations, the debtor may refrain from paying the debt on the grounds of the statute of limitations. Various statute of limitations are stipulated in the commercial law and other laws. Unless special arrangements are made, each claim is subject to a ten-year statute of limitations. Accordingly, in respect of a receivable that is not claimed within ten years from its due date, the debtor has a defense opportunity to avoid paying the debt.
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