The lawsuit filed by the Union of Turkish Bar Associations (TBB) a while ago to defend the rights of car owners has finally been concluded. According to the decision taken, it was decided that the owners of the automobiles who had second-hand parts installed in their vehicles without even obtaining permission in possible accident situations were right.
The 8th Chamber of the Council of State, the institution that decided on the subject, decided that the use of a “second-hand part” instead of the “original part” without the consent of the owner in the vehicle hit by the person with traffic insurance harmed the property right and was unlawful. Here are the details…
Unauthorized second-hand parts will no longer be used.
It all started with the article titled “General Conditions for Amending the General Conditions of Highways Motor Vehicles Compulsory Liability Insurance”, which was published in the Official Gazette No. 31074 last year. Arguing that the decision taken was unlawful, the Union of Turkish Bar Associations decided to appeal to the judiciary by objecting to the issue.
The process that has been going on for a while has finally come to an end today. The objection of the TBB that some of the articles in the communiqué are contrary to the Constitution, the Highway Traffic Law, the Law of Attorneyship, and the Law of Civil Procedure was accepted. Making a statement on the subject, the Union of Turkish Bar Associations gave the following statements:
The 8th Chamber of the Council of State dated 31.03. 2021 and 2020/6493E. No. decided to stay the execution of the phrase “part”. ”
Thus, the Council of State suspended the execution of the regulation that allows the damage to the vehicles of third parties directly damaged to be repaired “second hand” without their consent. So what do you think about this subject? Will the decision of the Council of State be beneficial for car owners? You can share your views with us in the comments section.
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