RECOGNITION AND ENFORCEMENT OF FOREIGN COURT DECISIONS


Recognition and Enforcement of Foreign Court Decisions

As Şamil Taş Law Office operating in Alanya, one of the most common situations we encounter is the recognition and enforcement of foreign court decisions. The need for the recognition and enforcement of a foreign court decision has caused many foreign citizens to settle in Alanya and even acquire citizenship. Many foreign citizens, who got married in their own country, divorced with a court decision, and other related court decisions, apply to the legal remedy for the recognition and enforcement of foreign court decisions. As Şamil Taş Law Firm operating in Alanya, we will try to explain this issue. It is one of the most common issues faced by Alanya lawyers in the field of citizenship and foreigners law.

            

                   What is Recognition and Enforcement of Foreign Court Decisions?

As a rule, court decisions are effective only in the country in which they were issued and have consequences and consequences. In order for a decision made by a foreign court to have a judgment and result in Turkey, it must be recognized and enforced in Turkey.

The increase in international relations causes many private law problems, especially disputes in marriages with foreign elements. While each state tries to protect the interests of the country with the decisions of its own courts, it also has to observe the rules of respect for the rights of individuals. The effect of the decisions of the sovereign states' own courts is limited to that country. It is possible for foreign court decisions to be accepted outside the country where they were made and to have a judgment and result with the recognition and enforcement of the decision. As a rule, recognition and enforcement can be carried out by another lawsuit to be filed. As a result of these lawsuits, with the recognition or enforcement decision, the foreign court decision gains the force and quality of the local court decision.

According to Turkish recognition and enforcement law, every enforcement decision also includes the recognition decision. In other words, the foreign court decision that is enforced is also recognized by Turkish Law.

Recognition: Acceptance of foreign court verdict as definitive evidence or final judgment. In the case of recognition, the final judgment and the effect of the final evidence of the foreign judgment will take effect from the moment the foreign court decision becomes final.

Enforcement: Writs that have been issued by foreign courts and have been finalized according to the laws of that state can be enforced in Turkey after the enforcement decision is given by the authorized Turkish Court. In summary, with the enforcement decision, the execution of the decision rendered in a foreign country can be ensured in Turkey. Thus, the decision rendered in a foreign country, which has the effect of final judgment with the recognition decision, will have enforcement power together with the enforcement decision and it will be possible to execute it directly.

Recognition and enforcement of the decision of foreign courts in the local court of Turkey is obligatory for the decision to be valid and effective in Turkey.

The competent court, which will decide on recognition and enforcement, does not conduct any examination or research on the merits of the file. The Court only conducts a limited examination and research on whether the conditions for recognition and enforcement in the law are fulfilled. This is called revision ban. How the law is applied in a foreign country, whether it is applied correctly or not is not the concern of the Turkish courts.


                     AUTHORIZED COURT IN RECOGNITION AND ENFORCEMENT

The court in charge of recognition and enforcement decisions is the court of first instance.

These decisions can be requested from the court of the place of residence in Turkey, or the court of the place of residence of the person against whom enforcement is sought, or, if these are not available, from one of the Ankara, Istanbul or Izmir Courts.

If a foreign citizen residing in Alanya has a request for recognition or enforcement, he can request recognition or enforcement in the Alanya Civil Court of First Instance. As Şamil Taş Law Office, intensive studies are carried out in the field of citizenship and foreigners law. It is very important to get the help of a qualified lawyer in order to avoid loss of rights and to finish the process quickly.


                              PROCEDURES IN RECOGNITION AND ENFORCEMENT

The petition for recognition and enforcement is notified to the other party together with the hearing date. The request is examined and decided in accordance with the provisions of the simple trial procedure.

The other party may object only by arguing that there are conditions for enforcement in accordance with the provisions of this section or that the foreign court decision has been partially or completely fulfilled or that there has been a reason preventing its execution.

 

                                         PARTIES IN RECOGNITION AND ENFORCEMENT


Anyone who has a legal interest in the recognition or enforcement of the decision may request recognition or enforcement. Recognition and enforcement requests are made by petition. The petition includes the following:


- Names, surnames and addresses of the other party and, if any, legal representatives and proxies requesting recognition or enforcement.


-The court of which state the decision subject to recognition or enforcement was given, the name of the court, the date and number of the writ, and the summary of the decision.


- If recognition or enforcement is required about a part of the decision, which part it is.


For more detailed information on the subject, you can contact the Alanya law office Şamil Taş Law Office. It is ready to provide all kinds of legal support.


                                         

                                                      

                                                       JUDICIARY DECISIONS


3rd Civil Chamber of the Supreme Court 2016/20654E. 2018/10592K.


'..In this case, since the recognition and enforcement by a decision of the Turkish courts in order for the alimony-related writs given by foreign courts to be enforced in our country, are obligatory according to national and international legislation; While the court should make a judgment in the result circle that will be formed by entering the essence of the work; The fact that the provision regarding the rejection of the case was established in writing on the grounds that the plaintiff, who has the opportunity to directly execute the foreign court decision regarding alimony in Turkey, in accordance with the provisions of the international convention stated, does not have a legal interest in requesting recognition and lymphatics, and it is against the procedure and the law and necessitated reversing it.


8th Civil Chamber of the Supreme Court 2010/7122E. 2011/5353K.


“Unless the recognition and enforcement decision regarding the foreign decision is given or the lawsuit filed in this direction is rejected, that decision will not have legal consequences in terms of the Turkish legal system in Turkey.”


General Assembly of the Supreme Court of Jurisprudence Unification 2010/1E. 20112/1K.


“The enforcement judge does not have the authority to examine and evaluate the accuracy of the foreign court decision in terms of substantive law. Within the framework of this prohibition, it is not possible for the enforcement judge to examine and evaluate a justification in the decision. The presence or absence of a justification in the verdict does not matter in determining whether the provision in the writ is contrary to public order. It is clear and indisputable that the principles laid down in Article 141 of the Constitution regarding the trial procedure will be valid exclusively for Turkish courts. With the application of the provision clause of the foreign court decision, it is not possible to enforce the foreign court decisions that will lead to results contrary to public order. It has been decided that the absence of a pure reason for foreign court decisions will not prevent the enforcement of the finalized foreign court decision and this issue will not be considered as a clear violation of public order within the meaning of Article 54/c of the Law No. 5718 on International Private and Procedural Law.”








 

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