Özet:

It has been a controversial issue to date whether the action of annulment of the objection to be pursued in this proceeding is subject to compulsory mediation, when proceedings are made without opening a lawsuit for commercial receivables that are foreseen to apply to the mediator before the lawsuit is filed. As a matter of fact, different regional courts of appeal emerged on this issue and separate decisions began to be made in similar cases. Upon the application, the 23rd Law Department of the Supreme Court of Appeals decided that the action for annulment of the objection filed for commercial receivables is also subject to mandatory mediation and thereby the dispute between the chambers has been resolved. In our study, the decision of the 23rd Legal Department of the Supreme Court will be evaluated by including the relevant court decisions and determining the legal problems related to the issue.