Jurisdiction and Amount in Dispute
Article 115. Determining the Amount of Matter
In civil cases, the amount of matter is determined by the value of the disputed thing. In criminal cases, it is determined by the sentence that the crime carries.
Article 116. Documents Supporting the Action
If the applicant provides documents that support their action and these documents determine the value of the disputed thing, the record of these documents will determine competence.
To determine the amount of foreign currency obligations, the actor may accompany the claim, while it is filed, with a certificate issued by a bank that expresses the national currency equivalent of the foreign currency demand. This certificate cannot be earlier than 15 days before the date of filing the claim.
Article 117. Unclear Value of the Disputed Thing
If the applicant does not provide supporting documents or if the value of the thing is unclear, and the action is not staff-related, the amount of matter is determined by whether the applicant made the demand verbally or in writing.
Article 118. Real Action and Undetermined Value
If the action taken was real and the value of the thing is not determined as indicated in Article 116, the assessment agreed upon by the parties will be used.
The simple fact that all parties, together or separately, appeared before the judge for any proceeding or trial stage, without any claim of incompetence being filed due to the disputed value of the thing, creates a legal presumption of the agreement mentioned in the preceding paragraph and establishes the jurisdiction of the court to continue hearing the dispute it has undertaken.
Article 119. Expert Appraisal for Undetermined Value
If the value of the thing sued for in a real action is not determined as indicated in the previous article, the judge before whom the demand has been filed will appoint an expert for appraisal. The thing’s true value, as determined by the expert, will be used to determine the amount of the trial.
Article 120. Setting the Value Prior to Sentencing
Either party may, in cases where the value of the thing is not clarified by the means specified in this Code, make appropriate arrangements to set the value prior to sentencing.
The court can also automatically issue actions and orders for the same purpose.
Article 121. Multiple Actions in the Same Demand
If several actions are filed within the same demand, where this is permitted according to the Code of Procedure, the trial amount will be determined by the total amount of all filed actions.
Article 122. Multiple Defendants
If there are multiple defendants in one trial, the total value of the thing or amount due will determine the amount of matter, even if the obligation is not joint and several, and each defendant cannot be compelled to pay the total amount, but only their corresponding share.
Article 124. Counterclaim and Amount of Matter
If the defendant files a counterclaim against the plaintiff when answering the complaint, the amount of matter is determined by the total amount of the main action and the counterclaim. However, to estimate competence, the amount of the counterclaim is considered separately from the amount of the main claim.
A counterclaim can only be deducted when the court has jurisdiction over it based on the estimated demand or where the extension of jurisdiction is permitted. It may also be inferred by its size, even if the counterclaim should be brought before a lower court.
Article 125. Eviction or Restitution Judgments
The value of the dispute in eviction or leased property restitution judgments is determined by the amount of income or wages agreed upon for each pay period. In the counterclaim, it is determined by the amount of unpaid rent.
Article 126. Unpaid Amounts Exceeding Previous Payments
If the remaining unpaid amount of a larger sum that has been partially paid is demanded, only the value of the remaining unpaid amount will be considered to determine the amount of matter.
Article 127. Future Pension Entitlements
If future pension entitlements do not have a specific timeframe, the amount of matter is fixed at the total amount of such pension in one year. If a timeframe is specified, the total amount for the entire period will be considered.
However, in the case of recovering an amount from a periodic and vested pension, the total amount will determine the amount of matter.
Article 128. Fluctuations in Value During Proceedings
If the value of the disputed thing increases or decreases during the proceedings, any previous determination made under any law will not be affected.
Article 129. Interest, Costs, and Damages
Changes in the interest rate, whether accrued or not, after the date of demand, or in the amounts owed for costs or damages caused during the judgment, will not affect the determination of competence. However, interest, fruits, or damages incurred before the lawsuit are added to the defendant’s capital and taken into account when determining the amount of matter.
Article 130. High-Value Matters
For the purpose of determining competence, matters not subject to a certain monetary value are considered high-value matters. These include, for example:
- Issues relating to the civil status of persons.
- Those concerning the separation of property between spouses or the raising and care of children.
- Those related to the validity or invalidity of testamentary dispositions, inheritance petitions, or the opening and probate of a will, and others related to the opening of succession.
- Those relating to the appointment of guardians and conservators, the administration of these officials, their accountability, and removal.
Article 131. Other High-Value Matters
The following are also considered high-value matters for the purpose of determining court jurisdiction:
- The right to enjoy the proceeds of an encumbered capital.
- All matters relating to bankruptcy and agreements between debtors and creditors.