RECOGNITION AND ENFORCEMENT OF LEGAL JUDGEMENTS

The 2007 Act on Private International Law and International Procedural Law No. 5718 (TPIL) is the main legislation that regulates the recognition and enforcement of foreign judgements in Turkey. With this legislation, Articles 50-59 of TPIL provide the conditions and procedures for the recognition and enforcement of foreign judgements within Turkey.

It is significant to note that Article 1 of TPIL states that international conventions/agreements have primary application. Also, Article 90 of the Turkish Constitution states that international treaties/conventions duly put into effect bear the force of law. As a result, relevant international treaties also constitute a primary for the enforcement of foreign judgements.

While Turkey has not yet become a signatory to the Hague Convention on Recognition and Enforcement of Foreign Judgements in Civil and Commercial Matters dated 2 July 2019, it has entered into bilateral treaties with various countries to facilitate the recognition and enforcement of foreign judgements. Notable examples include Austria, Italy, Bosnia, Turkmenistan, etc.

Furthermore, Turkish courts recognise and enforce the judgements rendered by other countries, such as Germany, the United Kingdom, and the United States. This recognition is often based on de facto reciprocity between these countries and Turkey.

Our team posesesses vast experience in effectively representing clients seeking recognition and enforcement of judgements rendered in foreign jurisdictions within Turkey, particularly in civil and commercial matters.

Tags: divorce, heritage, custody, commercial law, settlement agreements, enforcement, implementation, execution, application of court decisions, verdicts, judgements.