30 Aug CONDITIONS FOR ENFORCEMENT OF FOREIGN COURT DECISIONS IN TURKEY
Court decisions as a rule only produce provisions and consequences in countries where the decision is made. Therefore, no state, in its country
it does not allow other state bodies to participate and participate in these activities carried out by their own bodies.
Court decisions have two consequences, conclusive evidence and final judgment. Some court decisions have the ability to execute, in addition to the effect of conclusive evidence and final sentencing. As a result of states ‘ thoughts on their sovereignty, court decisions cannot show their influence in another country. In this context, enforcement bodies in any other country may not be directly mobilized or the decision may not be taken into account by the courts of that country on the basis of a decision taken from a particular state court.
The fact that a foreign court decision has provisions and consequences outside the country in which this decision was made depends on the recognition or enforcement of the relevant decision. As a rule, recognition and enforcement can be carried out with a separate case. Which of the recognition or enforcement cases will be filed is determined by the content of the decision that is requested to have an impact. If there is a situation in the content of a foreign court decision that requires an application to the Enforcement office, the case to be filed will be a enforcement case. But if the decision does not have such a quality, the case that should be filed is a recognition case.
As mentioned at the beginning of our study, states determine the conditions necessary to allow recognition or enforcement of a foreign court decision and to accept requests for recognition and enforcement by rules that they will regulate in their domestic law. But because of the international rules of courtesy and the benefits of allowing recognition and enforcement to the permitting state, today almost all world states allow recognition or enforcement. But this does not change the fact that the conditions of recognition and enforcement are usually determined by each state itself. Under this heading, we will talk about the conditions of enforcement in Turkish law.
If it is necessary to examine these conditions in terms of basis and shape ;
According to International Private and Procedure Law article 50, the prerequisites for making a decision on enforcement are as follows:
1-finding an application issued by a foreign court
2-foreign court decision related to civil cases
3-final decision
On the basis necessary for the acceptance of the request for enforcement
related terms in International Private and Procedure Law Edited article 58. These:
1-decisiveness between the place where the provision was made and Turkey (this condition is not sought in recognition)
2 – the Declaration was issued in a matter that does not fall under the exclusive jurisdiction of the Turkish courts, or the declaration was not granted by a state court that grants it Authority, although it has no real relationship with the subject matter or parties, provided that the defendant objects
3 – the provision is not clearly contrary to public order
4-the decision was made in accordance with the defense rights of the defendant.
Turkish courts can only examine whether there are conditions for enforcement in the case of enforcement of foreign court decisions. In Turkish courts, the accuracy of the procedure applied in the decision of a foreign court or legal determinations related to the basis cannot be examined. It’s called a revision ban. If conditions are formed when enforcement cases are opened in Turkish courts, the judge must make a decision on enforcement. The judge has no discretion in this matter
No Comments