Council of State Decides for Second Hand Spare Parts

The 8th Chamber of the Council of State accepted an objection of the Union of Turkish Bar Associations, based on 2020. Accordingly, insurance companies will not be able to use second-hand spare parts instead of original spare parts in damaged vehicles without the consent of the vehicle owner.

Turkey bar association (TBB), brought a decision that came into force in 2020 to the judiciary. This decision prepared by the Ministry of Treasury and Finance, without the permission of the owner of a damaged vehicle, original spare parts It paved the way for the use of second-hand spare parts instead. “General Conditions for Amending the General Conditions of Motor Vehicles Compulsory Liability Insurance for HighwaysAccording to the Council of State, the decision contained in the communiqué was found to be unlawful.

According to the TBB, the decision in question was ConstitutionIn addition to . The Council of State, as a result of its investigations, concluded that the TBB was right. Accordingly, the vehicles of third parties who are not a party to the insurance relationship and who are directly damaged, however, it will be repaired with second-hand parts if approved..

Restricts property right

In the statements made about the issue, which is examined by the 8th Department of the Council of State and which concerns everyone who owns a vehicle, it is stated that the said decision restricting property rights and illegal was stated. The Council of State, which will discuss the case on the merits in the coming days, will make its final decision at that meeting.

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After the Council of State heard the case, 20 March 2020The implementation of the decision published in the Official Gazette will be suspended. In addition, the institution will ensure that some articles in the same communiqué are amended. In this way, the rights of the citizens will be more protected in traffic accidents.

Source :
https://www.hurriyet.com.tr/gundem/2-el-parcaya-danistay-dur-dedi-41900027


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