What Is Recognition And Enforcement Case?
WHAT ARE RECOGNITION AND ENFORCEMENT PROCEEDINGS?
Recognition and enforcement proceedings are the proceedings that are carried out in order to validate a case in Turkey, which has been decided by the legal system of that country. Thanks to the recognition and enforcement proceedings, a case that has been decided abroad is evaluated in terms of compliance with Turkish law. Information about the persons to whom recognition and enforcement proceedings are applied, the distinctive feature of the case, the content of the case, the necessity of the case, the issues that are effective in the decision-making in the case and the judicial method, the place where the lawsuit is filed and how the lawsuit request is made are learnt from the subheadings.
TO WHOM CAN RECOGNITION AND ENFORCEMENT PROCEEDINGS BE APPLIED?
The details about those to whom recognition and enforcement proceedings are applied are listed as follows:
Couples who divorce abroad, one of the spouses is a Turkish citizen and the other is a foreign citizen, are related to the recognition and enforcement case.
If the couples who divorce abroad are both Turkish and foreign citizens, they must file a recognition and enforcement case for divorce in Turkey.
If the persons with these citizenship criteria obtain a divorce abroad, they are not legally divorced in Turkey at the same time. In order for the divorce to be in conformity with Turkish law, a case for recognition and enforcement must be filed.
SALIENT FEATURES OF RECOGNITION AND ENFORCEMENT PROCEEDINGS
Details about the main feature of the recognition and enforcement case are listed as follows:
Turkish citizen couples divorced abroad complete the litigation process from the foreign court depending on the Turkish legal rules. The results of the cases seen in this way, will also be valid in Turkey in terms of the recognition and enforcement case.
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. This decision is not considered as a valid result in Turkey, depending on the nature of the recognition and enforcement action.
The most prominent feature of the recognition and enforcement proceedings is the determination of whether the results of the judgements obtained by other countries are in conformity with Turkish law.
Thanks to this feature, the judgements rendered by the courts of foreign countries are taken into consideration and the cases related to the divorce decision are re-executed in Turkey within the framework of Turkish law.
CONTENTS OF RECOGNITION AND ENFORCEMENT CASE
Details about the content of the recognition and enforcement case are listed as follows:
The content of the recognition case includes the recognition of a case that has been decided by the law of the foreign country, with the decision made in Turkey within the framework of Turkish law.
The enforcement case involves the recognition by Turkish law of the decisions made by the legal decisions of the foreign country, which have the feature of being enforceable and making a material claim.
In order to ensure this recognition and acceptance of the decision, examinations and decision-making procedures in accordance with Turkish law are carried out with the recognition and enforcement case.
For example, in order for the divorce decision regarding the divorce proceedings that took place abroad to be accepted and valid in Turkey, recognition proceedings are initiated. In addition to the divorce decision, if a decision is made for any alimony payment and if it is requested to recognise this payment within the framework of Turkish legal rules, an enforcement action is filed.
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