Recognition is an acceptance of foreign judgements’ definitive effects in Turkey. Recognition involves every civil law cases. All of the civil law cases are applied for being recognized in Turkey.
For applying recognition, we need following legal conditions:
the subject of the sentence that was given by the foreign court will not be in Turkish courts’ exclusive judgement authority, or
in case of an objection coming from the defendant part, even in the situation not existing a real relation between the subject or the parties of the case, the sentence not being adjudged by a state court that is given a competence related on this.
Desicion being not obviously against the public order
In accordance with the relative state law,
(i) the person who is in position of against himself a demand occured in the meaning of recognation and/or approval not being called to the court that sentences in due legal form or not being represented in that court, or
(ii) sentenced the one by his absence against these codes
(iii) and basing one of the above mentioned conditions, not objecting the Turkish court associated with the recognation and/or approval demand.
Any person who has legal interest, can apply to recognition. The Civil Court of First Instance is in charge for this. Competent court is in the defendant’s place of settlement.If defendant doesn’t have any place of settlement in Turkey, competent court is in the defendant’s habitual residence. If defendant doensn’t have any place of settlement or habitual residence, competent court is İstanbul, İzmir or Ankara courts.
The proceedings relating to the request for recognition are subject to simple judicial procedure. Recognition demand is limited to the recognition of the decision of the foreign court. With the decision of recognition, the effect of definitive judgement starts from the moment the foreign court’s final decision.
Hukuk Desteği (Legal Support)
iletisim: [email protected]