RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENTS IN SCOPE OF NEW REGULATION IN TURKISH LAW

Ekin TUNA

Abstract


A final and binding decision rendered by a foreign civil court on a matter of civil law is a foreign judgment. Foreign judgements will not have any legal affect in Turkey unless they are not recognized or enforced by Turkish courts. The  Private International Law and  Procedural Law (PIL) No. 5718 dated 27 November 2007 is the main legislation that regulates the recognition and enforcement of foreign judgements. According to  Law, foreign judgements may be recognized or enforced when the certain coditions met. In principal, foreign divorce decrees are recognized by competent Turkish Civil Courts of First Instance to register Turkish Registery of Persons. In 2017, significant amendment was made and provided new opportunity to register divorce decree without any recognition procedure with the Statutory Decree 690. In practise, mostly resorted to  recognition of the divorces decrees to register. This study aims to examine recognition and enforcement procedure in Turkish Law and clarify the new amendment related recognition process of foreign divorce judgement.


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