Foreign court decrees that does not require enforcement is subject to recognition petition without Recognition of Foreign Court Decisions in Turkey. For example in principle, foreign divorce decision are accepted as constitute decisions in the eyes of the Turkish law. Therefor they are not subject to enforcement. If the divorce decree also includes decisions about custody and maintenance then divorce decision shall be partially subject to recognition and enforcement. Foreign court decrees related to establishment of parentage and establishment of guardianship are also subject to recognition in Turkey.
For a foreign court decision to have binding power in Turkey, it has to meet certain conditions. These conditions are mentioned in article 54,58 Turkish Private International Law provisions. Conditions for enforcement provisions set forth in the TPIL are also binding for the recognition applications.
- General Conditions
- Capacity to file a recognition or enforcement case has to be fulfilled. The requestor of recognition or enforcement decision has to have a legal interest.
The petition shall contain the following:
- The names, surnames, and addresses of the parties and their legal representatives,
- The court of the state that has rendered the decree subject to the enforcement and the name of the court, the date and number of the decree, and a summary of the judgment,
- If partial enforcement is sought, an indication as to which part of the decree is the subject of the request,
- The original copy of the foreign court decree certified by the foreign state authorities and certified translation,
- A document or written statement from the authorities of the state which officially confirms that the court decree is final and a certified translation.
General conditions determines whether the competent Turkish court should accept the recognition or enforcement petition or not.
- Main Conditions
- Foreign court judgement must not overrule exclusive jurisdiction of Turkish court. Exclusive jurisdiction means the dispute arising out of relevent matter must be resolved by Turkish Court.
- Foreign court decision must not given by the court of state granting itself exorbitant jurisdiction on the condition that the defendant raises an objection to that effect.
- The foreign court decision should not be manifestly/clearly contrary to public policy. Public policy of Turkey has no description as a regulation. Turkish judge shall determine whether the foreign court decree is contrary to public policy or not. Turkish Court of Appeal draws the limits of public policy; fundamantel principles of Turkish law, human rights and general ethics and constitutional law principles of Turkey, the main principles classified as irrevocable and undeniable values in Turkish law. If the foreign court decision violated public policy of Turkey then it is not going to be recognized and enforced in Turkey.
- Foreign court decision which is requested to be recognized or enforced should not be a decision that breaches the right of the defence of the other party. If the person against whom enforcement or recognition is requested has been duly summoned pursuant to the law of foreign State or the defendant havenot been represented before the foreign court either personally or by a representative then the right of the defence considered to be breached.
- The foreign court judgement should not have been partially or wholly fulfilled. If the foreign court decree have been fulfilled by the counter party then there is no legal interest for the enforcement or recognition.
Jurisdiction and Competency of Court
Competent court is mentioned in Article 51 of TPIL. Civil court of first instance has the competency on recognition decisions.
Jurisdiction of the court is in the place of habitual residence of the person against whom enforcement is requested if he/she does have a domicile in Turkey, or from one of the courts in Istanbul, Ankara, or Izmir if he/she does not have a domicile or habitual residence in Turkey.
Article 51
The Courts of First Instance shall have jurisdiction over enforcement decisions.
These decisions shall be requested from the court at the place of habitual residence of the person against whom enforcement is requested if he/she does have a domicile in Turkey, or from one of the courts in Istanbul, Ankara, or Izmir if he/she does not have a domicile or habitual residence in Turkey.
