The Recognition and Enforcement of Foreign Court Decisions in Turkey constitutes a significant area of international law. This process plays a critical role in the execution of legal procedures in Turkey and the acceptance of foreign court decisions by local courts. This paper aims to examine the legal framework, procedures, and key points of recognition and enforcement processes in Turkey.
Legal regulations
The process of recognition and enforcement of foreign court decisions in Turkey is determined by international agreements and local legislation. Fundamentally, Law No. 5718 on International Private Law and Procedural Law (MÖHUK) serves as the primary source for this process. This Law provides a general framework for the recognition and enforcement of foreign court decisions in Turkey, ensuring compliance with international legal principles.
What is Recognition and Enforcement?
MÖHUK Enforcement Decision - ARTICLE 50 – (1) The execution of foreign court judgments rendered in civil cases and finalized according to the laws of that state, in order to be enforceable in Turkey, is subject to the issuance of an enforcement decision by the competent Turkish court. (2) Enforcement decisions may also be requested concerning provisions related to personal rights contained in foreign court judgments in criminal matters. Recognition - ARTICLE 58 – (1) The acceptance of a foreign court judgment as conclusive evidence or a conclusive judgment is subject to the court's determination that the foreign judgment meets the conditions for enforcement. The provisions of Article 54, paragraph (a), do not apply in recognition. (2) The recognition of uncontested judgments is subject to the same provision. (3) The same procedure shall apply to the execution of an administrative act in Turkey based on a foreign court judgment. |
Recognition is the process by which a court decision taken in a foreign country is considered valid in Turkey. In other words, Turkish courts officially acknowledge a decision made in a foreign country and confirm its applicability in Turkey. During the recognition process, the decision is examined to determine whether it complies with Turkish public order and fundamental legal principles. The Turkish court evaluates the legal validity of the decision when considering a recognition request, and if deemed appropriate, it recognizes the decision in Turkey.
Enforcement, on the other hand, involves making a recognized foreign court decision enforceable in Turkey. In other words, for a recognized foreign decision to be enforceable in Turkey, an enforcement process is necessary. Unlike the recognition process, enforcement includes the legal and administrative procedures required for the execution of the decision. The enforcement request begins with an application to the local court and is examined by the court. If the legal and procedural requirements of the enforcement request are met, the court allows the decision to be enforced in Turkey.
Recognition and Enforcement Preconditions
A judgment rendered by a foreign court must exist.
The foreign court decision must pertain to civil matters.
The foreign court decision must be final.
Reciprocity must exist between the country where the decision was rendered and Turkey (i.e., there should be a treaty or a law allowing enforcement of judgments from Turkish courts in that country, or a reciprocal legal practice).
The judgment should not contain a provision that is explicitly contrary to public order.
The judgment should have been rendered in a matter falling outside the exclusive jurisdiction of Turkish courts or, if jurisdiction was granted by a foreign court in a matter where there was no real connection to the subject matter or the parties, the defendant must have objected.
The foreign court decision must have been rendered while respecting the defendant's right to defend themselves.
Jurisdiction and Competent Court in Recognition and Enforcement Proceedings
The competent court in recognition and enforcement proceedings is the Court of First Instance (Asliye Hukuk Mahkemeleri). However, in the case of recognition and enforcement of foreign court decisions related to family law matters, the Family Courts (Aile Mahkemeleri) have jurisdiction.
The competent court, as per Article 51/2 of the Law on International Private Law and Procedural Law (MÖHUK), is the court of the defendant's residence or domicile in Turkey. If the defendant does not have a residence or domicile in Turkey, the request for recognition and enforcement can be made to the courts in Ankara, Istanbul, or Izmir.
Necessary Documents in Recognition and Enforcement Proceedings
The original decision issued by the foreign court,
An endorsement or document indicating the finality of the decision,
Apostille endorsement,
Translation of the foreign court decision into Turkish by a sworn translator and notarization or authentication of the translation by a notary public or consulate,
Passport,
Copy of the national identity card,
Power of attorney.
After receiving the application, the court examines the foreign court decision and relevant documents to assess whether the necessary conditions for recognition and enforcement are met. Following the review, the court renders a decision. If the required conditions are fulfilled, the foreign court decision is recognized and enforced in Turkey. However, in some cases, the enforcement request may be rejected.
The parties have the right to appeal the decision. The relevant parties can lodge an appeal against the court decision and may pursue the route of appeal.
Some important points to consider in the process of recognition and enforcement of foreign court decisions in Turkey are as follows:
It is crucial for the individual requesting recognition and enforcement to provide the necessary documents and information completely.
The foreign court decision should not contravene Turkish public order. Otherwise, the recognition and enforcement request may be rejected.
The recognition and enforcement process should comply with international agreements and other legal documents to which Turkey is a party.
The recognition and enforcement of foreign court decisions in Turkey constitute a significant area of international law. This process must be effectively managed to ensure its smooth operation. Therefore, it is essential to seek legal support from an attorney who is knowledgeable about international legislation.
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