Recognition and enforcement of foreign court decisions in Türkiye
With the increase in trade and international relations, the recognition and enforcement of foreign court decisions in Turkey has become an important legal process. The “recognition and enforcement case” that is part of this process ensures that the decisions of foreign courts have legal effect and validity in Turkey.
What is the identification and execution file?
A recognition and enforcement case is a legal case filed to recognize and enforce a foreign court decision in Turkey. Since it is not possible to directly enforce the decisions of foreign courts in Turkey, in order for these decisions to have legal effect and validity, a recognition and enforcement process is necessary.
In order for a citizen of the Republic of Turkey who has been divorced by the decision of a foreign court to be divorced in Turkey and to amend the population records, the court in Turkey must issue a ruling recognizing the decision of the foreign court.
In recognition, the decision of the foreign court is recognized by the local court. Simply put, the local court recognizes the decision and decides that the Republic of Turkey will implement the decision exactly (it may also partially recognize the decision).
In implementation, after recognition, the government acts on the decision using its power. In other words, it executes the judgment derived from cognition.
Purpose of identification and implementation
The main purpose of the recognition and enforcement case is to ensure that the decisions of foreign courts gain legal force in Turkey. During this process, it is checked that the decisions of foreign courts are compatible with the laws and public order of Turkey and that the judicial order in Turkey is respected. By meeting these conditions, the decision of the foreign court is recognized and enforceable in Turkey.
The process of identifying and implementing the case
Recognition and enforcement cases are usually filed in local courts. The plaintiff requests recognition and enforcement of the judgment of the foreign court in Türkiye. The local court decides by examining the conditions of recognition and the applicability of the decision. During this process, the plaintiff must provide an original copy of the foreign judgment and other required documents.
How long does an identification and enforcement case take?
The duration of filing a claim for the recognition and enforcement of a foreign court decision in a Turkish court varies depending on whether the parties are communicating, whether or not their notification address is known, and whether they are communicating. These details should be clarified before filing a lawsuit by a defense attorney in order to get the case resolved as quickly as possible. If all conditions are positive, the case may be concluded in a very short time. Otherwise, one should prepare for a litigation process that will last for years.
Conditions for diagnosis and implementation of the case
In order to recognize and enforce judgments of foreign courts in Türkiye, certain conditions must be met. These conditions often include:
The vote must be final and final: The decision of the foreign court must be final after completing the appeal process.
Local court authority: The foreign court must be competent and have decided the case according to the rules of jurisdiction.
Compliance with Turkish public order: The decision of the foreign court should not be contrary to the public order of Türkiye.
Importance of case identification and execution
The recognition and enforcement of litigation plays an important role in resolving disputes in international commercial and legal relations. This process ensures that the decisions of foreign courts in Turkey gain legal validity, increases legal security between the parties and helps to create a fair legal environment.
Result
The recognition and enforcement case is an important legal process that ensures the recognition and enforcement of foreign court decisions in Turkey. This process helps to create a reliable legal environment in international trade and legal relations and ensures that disputes between parties are resolved fairly. Therefore, it is important for parties involved in international business relations to have information about the importance and function of the identification and enforcement case.