THE PROBLEM OF THE COMMON COMPETENT COURT IN JURISDICTION FOR ACT OF INJUST？CE

Several special competents rules were introduced in the Code of Civil Prosedure after the regulation of the general rule for the competent court. The point which is important in terms of rule for the competent court is how to determine in case of more than one of the defendants. If there are more than one defendants and a court which has common jurisdiction related all of defendants in accordance with cause of case, it is regulated that this court would handle the case. It is necessary to examine whether this regulation is an exclusive competence rule as stated. Because the determination of the legal character affects the implementation and results of the rule. Indeed, with regard to the subject it is located different opinions in the doctrine and judicial decisions. In this context, in our study by considering the legal character of the regulation will be given our opinion on the legal character of the regulation in question