INFORMATION

WHAT IS THE RECOGNITION AND ENFORCEMENT CASE?

WHAT IS THE RECOGNITION AND ENFORCEMENT CASE?
Recognition and enforcement proceedings are litigation proceedings that are conducted in order for a case that has been heard abroad and has been decided by the legal system of that country to become valid in Turkey. Thanks to the recognition and enforcement case, a case that has been decided abroad is evaluated for compliance with Turkish law. Information about the persons applying for recognition and enforcement, the salient feature of the case, the content of the case, the necessity of the case, the issues that are effective in deciding the case and the judicial method, the place where the case was filed and how the case request was made, information about the subheadings are learned from the subheadings.

FOR WHOM IS THE RECOGNITION AND ENFORCEMENT CASE APPLIED?
Details about those who have applied for recognition and enforcement cases are listed as follows:

Couples who have completed a divorce procedure abroad, one of the spouses is a Turkish citizen and the other is a foreign citizen, are associated with a recognition and enforcement case.
If couples who have completed a divorce abroad are considered citizens of both Turkish and foreign countries, they should also file a recognition and enforcement case for divorce in Turkey.
If people with these citizenship criteria obtain a divorce abroad, they will not appear to be legally divorced in Turkey at the same time. In order for the divorce process to comply with Turkish law, a recognition and enforcement case should be considered.

DISTINCTIVE FEATURES OF THE CASE OF RECOGNITION AND ENFORCEMENT
Details about the main feature of the recognition and enforcement case are listed as follows:

Turkish citizen couples who are divorced abroad complete the lawsuit process from the foreign court in accordance with the Turkish legal rules. The results of the cases seen in this way will also be valid in the recognition and enforcement case feature when it comes to Turkey.
If one of the couples divorced abroad is a Turkish citizen and the other is a foreign citizen, the foreign court takes a decision within the framework of its own legal rules. Depending on the nature of the recognition and enforcement case, this decision is not considered a valid result in Turkey.
The most obvious feature of the recognition and enforcement proceedings is that the results of the case decisions taken by other countries are determined whether they comply with Turkish law or not.
Thanks to this feature, within the framework of Turkish law, cases related to the decision to divorce are repeated in Turkey, taking into account the decisions made in the courts of foreign countries.

THE CONTENT OF THE CASE OF RECOGNITION AND ENFORCEMENT
Details about the recognition and enforcement case content information are listed as follows:

The content of the recognition case includes the recognition of a case subject that has been decided by the law of a foreign country by a decision made in Turkey within the framework of Turkish law.
The Tenfiz case involves the recognition by Turkish law of decisions that have the property of being executed and making material claims that have been made by legal decisions of a foreign country.
In order to ensure this recognition process and the adoption of the decision, recognition and enforcement cases, investigations and decision-making procedures in accordance with Turkish law are carried out.
For example, in relation to divorce proceedings that have taken place abroad, a recognition case is initiated to ensure that the divorce decision is accepted and valid in Turkey. If, in addition to the divorce decision, a decision has been made to pay alimony and it is requested that this payment be recognized within the framework of Turkish legal rules, addition enforcement case is initiated.

 

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Yağız Canseven

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