ARE YOU HOLDING A FOREIGN COURT DECREE AND NOT SURE WHETHER IT CAN BE RECOGNISED AND ENFORCED IN TURKEY ?
The route of Recognition & Enforcement in Turkey is not as difficult as you think!
The provisions regarding recognition and enforcement take place in “International Private and Civil Procedure Law”
First of all, there should be a reciprocity between 2 countries.
The other main principals of the recognition are as following;
– The decree that is obtained from a “court” must be absolute.
– The foreign court decree must be related to a matter which is NEITHER within the exclusive competence of Turkish Courts NOR explicitly contrary to public order of Turkey.
– The foreign country where the court decree was obtained should have had a genuine relation with the essence of the conflict as well as with the parties.
– The counter party must have been invited to the foreign court in due form to provide defences hence the legal representation of the counter party must have been dully recognized and followed.
– There should be NO pending adjudication in Turkey or NO final verdict of a TR court with the same parties and for the same conflict.
If the decree meets the above stated principles, once recognition and enforcement route is concluded, the foreign court decree gains as same effect as a national court decree in Turkey.