In order for court decisions issued by foreign state courts to constitute definitive provisions and evidence within the borders of the State of the Republic of Turkey, they must undergo Recognition and Enforcement processes.
What is the Recognition and Enforcement Case?
Court decisions issued in another country will not be valid if you re within the borders of the State of the Republic of Turkey. In order for the decisions made by foreign courts to be accepted in Turkey, it is necessary to open a Recognition and Enforcement case. Decisions made in a foreign country will not be processed by the relevant authorities unless the recognition and enforcement proceedings are applied for and made valid on the borders of the Republic of Turkey.
The recognition case aims to ensure that the court decision issued by a foreign state is fully accepted in Turkey as well. In such matters, the consequences of the recognition case occur spontaneously and do not need to be enforced. Examples of this are divorce cases. In enforcement cases, these are the cases filed regarding whether the decision of a foreign court should be executed in accordance with the conditions in the recognition court. Each recognition court has a enforcement case within its own structure. In practice, recognition and enforcement cases often occur within the framework of family law. The Courts of First Instance are in charge of recognition and enforcement cases.
The Necessary Conditions for Recognition and Enforcement Proceedings
1-The obligation to have a final decision
2- Reciprocity (reciprocity) principle should be found
3- It must be given in a matter that does not fall under the exclusive jurisdiction of the Turkish courts
4- The provision issued in a foreign country should not constitute a violation of public order
5-The right of defense of the party against whom enforcement is requested should be exercised.
The Provisions of the MÖHUK Recognition and Enforcement Case
According to Article 55/1 of the International Private Law and Procedural Law (MÖHUK), recognition and enforcement cases are subject to a simple trial procedure. In addition, MÖHUK’s 52. According to the provision contained in the article, anyone who has the benefit of enforcing a foreign court decision can file a tenfiz case. In addition, this provision applies to the case of recognition by comparison. Again, according to the provisions of the MÖHUK, the main conditions that must be met for the recognition and enforcement of a foreign country’s decision are regulated in Article 50 of the MÖHUK. In summary, these conditions are as follows: There must be a final decision, Reciprocity must be found, it must be made on a matter that is not under the exclusive jurisdiction of the Turkish courts, the decision made in a foreign country should not constitute a violation of public order, and the right of defense of the party against whom enforcement is requested should be exercised.
What Documents are Required for a Recognition and Enforcement Case?
1- Apostille Annotation (Apostille is a document approval system that allows legal use of a document in another country.)
2- Photocopy of passport and identity card
3- Translation of the court decision and apostille commentary through a certified and sworn translator of the consulate
4- The original or notarized copy of the decision issued by the court of a foreign state
How Long Will the Recognition and Enforcement Case Take?
The duration of recognition enforcement cases is not clear. This period can be very short, as well as spread over a very long period of time. Factors such as the status of the parties, the nature of the decision, and objections to the decision affect the duration of the recognition enforcement case. The fact that the defendant was reached is also one of the factors that increases the process. Aslolan recognition-it is not how long the enfiz case will last, but to act in accordance with the procedure in the process. Because violation of procedural rules often leads to unsuccessful conclusion of the recognition and enforcement case.
Recognition and Enforcement Proceedings on Divorce
In order for the decisions within the scope of divorce issued by foreign courts abroad to be valid in Turkey, it is necessary to take the path of recognition and enforcement. In case of non-recognition, there is no decision on divorce by the relevant authorities of the Republic of Turkey. The recognition and enforcement case on divorce should be filed with the Turkish Family Courts. The recognition and enforcement case is opened where the ex-spouse resides in Turkey, if he does not have a residence, where he is calm. If both of these places are not available, they can be opened in one of the family courts of Ankara, Istanbul and Izmir.
Recognition and Enforcement Proceedings on the Custody Decision
Custody can only be granted to the mother and father in Turkish law. In this case, only the mother and father have the right to custody. A decision on custody of the mother or father by foreign court decisions may be made valid through a recognition and enforcement case at the borders of the Republic of Turkey. However, this way will not be valid if the Recognition- enforcement decision is made upon the enforcement of custody granted nearby. Because this situation is contrary to the regulation in Turkish law. In cases where recognition and enforcement cannot be done in this way, this problem can be solved by opening a new guardianship case.
Determination of Compensation through Recognition and Enforcement Proceedings
One of the issues related to the enforcement of foreign court decisions is related to whether decisions related to compensation can be enforced in the Republic of Turkey. As a result of the enforcement case, the decision on compensation, which is one of the executive decisions issued by a foreign court, is accepted by the Turkish courts through recognition and enforcement, and the provisions become applicable and can be amended. In this way, the provisions of a foreign court decision, such as material and non-pecuniary compensation, which cannot be processed spontaneously in Turkey, become applicable.
The Results of the Recognition and Enforcement Case
When a recognition decision is made about a foreign court decision, it is a result of the fact that this provision is now also accepted within the borders of the State of the Republic of Turkey, and the legal situation becomes recognized. Therefore, the verdict is considered conclusive evidence and the final verdict is accepted. Unlike the decision to recognize the result of the enforcement decision, it has enforcement information about the relevant provision. Turkish courts may not make additional october during the enforcement of foreign court decisions in any way. However, he may decide on a partial enforcement of the decision.
Footnote
As it can be seen, the way of recognition is necessary for the decisions taken in foreign courts to be accepted within the borders of the Republic of Turkey and these procedures should be carried out in a very procedural and meticulous manner. In practice, many recognition enforcement cases fail, especially due to violation of procedural rules. In order not to suffer such losses, we provide you with assistance in Recognition and Enforcement cases in our Law Firm.
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