Increase in international trade, people living abroad for
various reasons and the disappearance of borders by time has
resulted that the legal relationships and disputes not confined in
one country or state. This situation has highlighted the difference
between the national legal systems.
Therefore, a need on the applicability of the legal transactions
and court orders at overseas increases. This need is provided with
exequatur and recognition transactions made.
The effectiveness of foreign court decisions is subject to
certain procedures and conditions in Turkish Law.
Exequatur & Recognition of foreign court decisions:
Frequently applied cases in Turkey
A foreign court order shall not bear any effectiveness in
Turkey, unless it is recognized or ratified by a Turkish Court. For
instance, generally, a court decision regarding the existence and
recovery of a debt may be executed in the country where this
decision has been made. However, the problem would arise if the
debtor has assets in Turkey and attachment of such assets would
come in question. In such a case, the decision of foreign court
would not be valid in Turkey without fulfillment of exequatur and
recognition procedures before Turkish Courts.
Another type of cases in which Exequatur & Recognition
process comes into question are the divorce cases. Anyone who has
been divorced in accordance with the foreign jurisdiction is not
considered as divorced under Turkish Laws. Accordingly, in order to
get divorced in Turkey, such court decisions shall also be subject
to exequatur and recognition process in Turkey.
Accordingly, Exequatur & Recognition is the first step to
carry out a debt recovery, to get married or such in Turkey.
Exequatur & Recognition of foreign arbitral awards: New
Not only court decisions, but also foreign arbitral awards are
also subject to the exequatur & recognition processes. If the
purpose and function of the arbitration is considered, it may be
concluded that the exequatur and recognition of such decisions
plays an essential role especially with regard to companies.
Regarding the exequatur and recognition of foreign arbitral
awards, the New York Convention on Recognition and Enforcement of
Foreign Arbitral Awards of 1958 comes into question, a party of
which has also been Turkey since 1992. Accordingly, a foreign
arbitral award may be executed provided that the defendant is a
party of this Convention and fulfills the conditions regarding this
Other conventions and legislation concerning the Exequatur
& Recognition in Turkish Law
Turkey is a contracting party of various conventions regarding
the Exequatur & Recognition of court decisions which have been
made by courts in contracting parties. Some of these conventions
are as follows;
Convention Concerning the Recognition and Enforcement of
Decisions relating to Maintenance Obligations towards Children
Convention on the Recognition and Enforcement of Decisions
relating to Maintenance Obligations dated 1973,
European Convention on Recognition and Enforcement of Decisions
concerning Custody of Children and on Restoration of Custody of
Children dated 1980,
Convention on Protection of Children and Co-operation in
Respect of Intercountry Adoption
Such conventions regarding the exequatur and recognition of
foreign court decisions play an essential role especially with
respect to the reciprocity principle in Turkish International Civil
Law. In principle, the reciprocity is one of the conditions of
exequatur of foreign court decisions. In the event that one of
these conventions is applicable to a case, the reciprocity
condition will be fulfilled ipso facto and existence of such
condition will not be considered by Turkish courts.
Moreover, exequatur and recognition processes are subject to the
conditions regulated in the Code on the International Civil and
As mentioned above, the application of foreign court decisions
and arbitral awards is subject to a certain procedure and certain
conditions. If the importance of providing of an achieved status or
right in another jurisdiction is considered, the necessity of
knowledge about rules of exequatur and recognition procedure may be
determined in order to provide the application of foreign court
decisions in a short time.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Tightened monetary policies leading to limited capital inflow to the securities market, its low liquidity and significant decrease in stock price partly contribute to the low attractiveness of Vietnam's stock exchange.
Each step taken towards achieving a unified codification on the international business law is of paramount importance in terms of providing parties a neutral, familiar and efficient legal infrastructure.
Once the government notifies the European Council that the UK has decided to leave the EU, the two-year period for the negotiation for exit under Article 50 of the Treaty of the European Union will start.
It is important to examine how the CISG was structured in order to identify where the relevant rules on the contract formation regime are located and examine their interaction with other provisions of the Convention.
The dispute "Russia – Tariff Treatment" deals with the import duties imposed by Russia on certain agricultural and manufacturing products in excess of its bound rates.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).