Recognition and Enforcement of Foreign Court Decisions in Turkey,Attorney in Alanya
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Today we intend to prepare an article with very valuable information.We will talk about the recognition and enforcement of the foreign court decision, which is an issue that many foreigners are curious about.A number of legal proceedings are required for the recognition and enforcement of the foreign court decision in the Turkish courts. Which is all a lawyer’s business.Our advice to you is to consult a Attorney in Alanya,Antalya/Turkey.We will try to specify in detail what we need to know about this topic in this article.
1-)Recognition and Enforcement of Foreign Court Decisions in Turkey
We must first state that the recognition case is not the same as the one filed in another country.In this case, the parties do not stand trial again, the evidence will not be examined.When a country is sued for the enforcement of a foreign court decision, that country cannot see that case again by entering into the basis of the case.This is called a revision ban, and under this prohibition it is prohibited to re-examine the original court decision by a court of another country.
What do we get with a decision to recognize? Foreign court decision as a result of recognition it would have these effects as if it had been granted by the Turkish court.The decision taken as a result of the recognition case accept as the conclusive evidence and the conclusive verdict.The point that should be underlined here is that the decision of recognize cannot be exercised.For example, let the divorce proceedings in Switzerland be concluded and the recognition proceedings in Turkey be concluded.In this case, divorce is recognized in Turkish law, but therefore cannot force the debtor of alimony to pay the debt.Because there is no enforcement decision.It is very important that you consult a Attorney in Alanya/Antalya/Turkey at this stage.
When the decision of enforcement is made, that decision will have the effect of definite evidence and final judgment and the ability to execute it, just like a decision made by the Turkish court. That is, it allows the state’s executive organs to take action.The point that should be underlined here is that the enforcement decision can be executed.
In summary, there is no need for enforcement if there is no enforceable provision in the foreign court decision. But enforcement is required if there is a provision requiring enforcement.Although this decision concerns the individual,our advice is to consult a Attorney in Alanya, Antalya or Turkey.
We as a Attorney in Alanya,Antalya or Turkey provide professional legal services to our clients in those topics.
If the decision to recognize is made, the execution of the relevant decision cannot be requested because only the effect of the final judgment and the final evidence is revealed, but as a result of the enforcement decision, the final evidence, the final judgment and the enforceability are revealed.
There are also conditions set out in the law for recognition and enforcement decisions.These conditions are divided into two as pre-conditions and basic conditions.
2-)Pre-conditions of enforcement and recognition
The decision must have been made by a foreign state court.The foreign state does not have to recognize the state that made the recognatıon decision.However, the decision on enforcement may require recognition of that country.To find out which state does not recognize another state according to international law,you can consult a Attorney in Alanya, Antalya or Turkey.It has been stated that the decision should be a court decision, but in some countries some institutions whose name is not a court have been given court powers.In Scandinavian countries, for example, the municipality has been given authority to divorce.If that organization is conducting a judicial activity and its authority complies with the law, that decision may also be subject to recognition and enforcement in the Turkish courts.
Foreign court decision should relate to private law cases.If a case related to public law in Turkey and private law case in a foreign country, this condition is also provided in that circumsatances.So what is the type of case in the foreign country,it is important.These situations should be stated when petitioning the Turkish courts for recognition or enforcement.We,as a Attorney in Antalya, Alanya and Turkey, are preparing our petition by researching the relevant country’s law.
The foreign court decision must be finalized according to the laws of that country.In other words, the ordinary law ways in the foreign country should be finished so that recognition or enforcement proceedings can be filed in Turkish courts.
3-)Basic Conditions of enforcement and recognition
The provision of these basic conditions should be provided just like the preconditions so that the case for recognition or enforcement can be concluded positively.Here we will also specify 4 conditions for you dear readers.
1-)Mutual transaction requirement: If a court decision issued by the Turkish court can be enforced in a country with all its provisions, then similar decisions of that country can be enforced in Turkey.
2-)Authority Of The Foreign Court: It is a requirement sought in Turkish courts for both recognition and enforcement.The foreign court shall consider whether or not it has the authority to make a specific decision on certain matters.The decision cannot be recognized and enforced if the authority for the decision is within the exclusive jurisdiction of the Turkish courts.For example, a decision made in foreign courts for a real estate in Turkey is not recognized and enforced in Turkish courts.Because the real estate is under exclusive jurisdiction.We recommend that you consult a Attorney in Alanya,Antalya or Turkey in order to avoid any loss of rights.
3-)There should be no violation of public order:If the decision of the foreign court to ask for recognition or enforcement has already been decided by the Turkish courts, there is a violation of public order.Or if the foreign court has decided without taking the defences of the parties, there is still a violation of public order.What is contrary to public order is not specified in detail in the law.For this reason, it is useful to consult a Attorney in Alanya, Antalya or Turkey.
4-)Compliance with defense rights: A foreign court decision should not be in violation of the procedural rules of that country or a provision should not be applied to it just because the person is a foreigner.Or a foreign court decision should not be made in the person’s absence or in absentia.As it is clear, a lawyer should be familiar with the other country’s legal rules.Otherwise, the decision may result in a negative outcome.
If a decision that provides all preconditions and basic conditions is enforced, it will have enforcement capability.
We as a attorney in Alanya,Antalya or Turkey provide all this matters on behalf of our clients.
Dear reader, this is the end of another article.I hope to see you in another article, Goodbye.