After the finalization of the cases filed by persons in the courts of foreign countries, a number of actions have to be taken in order for these decisions to be recognized and valid in Turkey. In order for foreign court decisions to be valid in Turkey, recognition enforcement cases must be opened. The most common demands in recognition and enforcement cases are divorce cases. Our citizens abroad generally ask; “how to divorce in Turkey divorced in Germany, the recognition of divorce abroad in Turkey, divorced abroad, but I appear to be married in Turkey, the divorce of those living abroad in Turkey , recognition and enforcement of divorce abroad, divorce abroad in Turkey goods” tries to find answers to the questions in the form of. We have observed that requests for recognition and enforcement of court decisions abroad in Turkey are most requested by our citizens in Germany, Belgium, France, the Netherlands, Arab,Russian and Romanian countries.<\/p>\n
After the divorce case is finalized abroad, the people will still appear to be married in the population Directorate in our country if the necessary procedures are not fulfilled in Turkey, even though the divorce has taken place in the population Directorate abroad. Since individuals are not divorced in Turkey, they will continue to appear as heirs to each other in properties ( real estate, securities ) in Turkey. He avoids this situation and then postpones the divorce in Turkey or whatever it is that the people who have disrupted the recognition and enforcement case should follow these cases themselves. However, for recognition and enforcement cases, the parties do not have to attend the court in person. For this purpose, if the parties submit the necessary power of attorney and documents to the attorney of the court of justice or the attorney of the court of justice, the necessary procedures will be fulfilled.<\/p>\n
Recognition means the acceptance of the definitive ruling effect of a court ruling in a foreign country. The application for recognition is subject to the following conditions. It is a case of recognition of the validity and application of the divorce decree issued by the court abroad in Turkey.<\/p>\n
Enforcement is the effect of forced execution of a court provision in a country other than the country in which it was issued. The conditions of alimony and compensation in the divorce decree issued by the court abroad are fulfilled by the enforcement case.<\/p>\n
M\u00d6HUK m. The prerequisites for the decision of recognition or enforcement according to 50 are:;<\/p>\n
Finding a warrant issued by a foreign court
\nForeign court decision related to civil cases
\nFinalization of the decision<\/p>\n
If the basis of the cases is entered, the following conditions will be sought:;<\/p>\n
International Private Law has set some conditions for the recognition or enforcement of foreign court decisions according to the Turkish legal system. 4 these conditions are stated below. (Article 54). Of these, only reciprocity requirements will not be sought in terms of recognition; the other three conditions will be sought for both recognition and enforcement.<\/p>\n
a) an agreement between the Republic of Turkey and the state in which the warrant is issued on the basis of reciprocity, or a provision of law or an actual application that makes it possible to enforce the injunctions issued by the Turkish courts in that state.<\/p>\n
(B) the injunction shall be granted on a matter not within the exclusive jurisdiction of the Turkish courts, or the injunction shall not be granted by a state court which grants it jurisdiction, provided that the defendant has no real relationship with the subject or parties.<\/p>\n
C) the provision is not clearly contrary to the public order.<\/p>\n
C) in accordance with the laws of the place itself, the sentencing court enforcement against the person or court is requested has not been duly called, or in violation of any such laws or that have not been represented in the absence of the above Person been judged and this absence of enforcement did not appeal to the Turkish court against based on one prompt.<\/p>\n
In recognition and enforcement cases, the court of Cassation generally considers that foreign court decisions that carry a eda order that would constitute a clear violation of the compulsory legal and conscientious Basic Rules that must be followed in order for the public order to live a faster and peaceful life are in violation of the Turkish public order.<\/p>\n
Recognition and enforcement of persons who are not party to the decision in foreign court is more likely to occur when the heirs request recognition of the divorce decision of the divorced spouses. In Germany, for example, if one of the spouses dies after the divorce decision of the parties has been finalized, the heirs who are the heirs will be able to sue for recognition and enforcement for their own benefits when they attempt to obtain a probate warrant and learn that the previously divorced spouse is included in the probate warrant. Because the German court decision is not yet recognized in Turkey, the German woman appears in the population records as the wife of the deceased Turkish citizen and this results in her receiving a share of the inheritance. In order to prevent this situation, mutlka foreign court decision should be recognized in our country. (M\u00f6huk’s 52. substance )<\/p>\n
The court in charge of recognition and enforcement cases is the courts of First Instance in accordance with Article 51 of M\u00d6HUK.for the recognition and enforcement of foreign court decisions in fields such as business, family, trade and Consumer Law, the court of First Instance, which has specialized courts such as business Court, Family Court, Commercial Court, has been ruled by the decisions of the Supreme Court.<\/p>\n
These decisions may be requested from the court of the settlement of the person against whom the enforcement is requested, or from the court of the place of settlement in Turkey, or from the courts of Ankara, Istanbul or Izmir, if there is no settlement or place of settlement in Turkey.<\/p>\n
In order for foreign official documents to have the quality of official documents in Turkish law, HMK m. 224 has set some conditions. The official documents prepared by foreign state authorities in accordance with the relevant article shall be subject to the approval of the Competent Authority of the state in which the document was issued or the relevant Turkish consular authority. Otherwise, the quality of the official document will not be accepted in terms of Turkish law. Since foreign court decisions are also official documents, they are valid in foreign court decisions according to HMK Article 224.<\/p>\n
HMK 224\/2 reserved the provisions of the international conventions to which Turkey is a party regarding the ratification of foreign official documents. Turkey is one of the parties to the La Haye Convention on the abolition of the obligation to certify foreign official documents for the approval of foreign official documents. The relevant contract to which Turkey is a party to the convention, the official document issued by a member state of this fact by removing the need for Turkey to pursue the necessary to be approved by consulates, instead of the official commentary which will be given by the Apostille of the issuing authority has seen enough. Court decisions and notary public certificates are also among the official documents listed in the contract. The commentary on the Apostille shall be placed on the document itself or on a paper to be attached to it. The official documents, which are certified in accordance with the convention, shall also be an official document in respect of Turkish law.<\/p>\n
All lawyers, regardless of Istanbul or other cities, are prohibited from receiving fees below the minimum wage tariff issued annually by The Bar Association. In addition, the Istanbul Bar Association sets fees for cases that are of the nature of recommendation each year. Lawyers do not have to comply with this tariff and may charge more. Istanbul Bar Association’s advisory law tariff for the province of Istanbul for the year 2019 is as follows:;<\/p>\n
It should be noted that lawyers can freely determine the wage contract by the counterparty. It is a fee specified in the recommendation-only table of the Istanbul Bar.<\/p>\n","protected":false},"excerpt":{"rendered":"
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