Recognition Of A Divorce Decree By A Foreign Court
T.C
JUDICIARY
2ND CIVIL CHAMBER
2002/3736 K. 2002/6539, T. 14.5.2002
Recognition and Enforcement (Turkish parties divorce in foreign courts according to foreign law rules)
Recognition of Divorce Decree (rules regarding the recognition of foreign court decisions in Turkey)
Recognition of Divorce Decisions of Foreign Courts (If the parties are Turkish, the case is dismissed due to non-application of Turkish Law)
There should not be any missing information in the plaintiff’s divorce petition.
Case: It is requested to examine the case between the parties stated above with the date number given by the local courts and the above-mentioned date number by conducting an appellate hearing. Despite the notification for the hearing, the parties did not come to the hearing. All papers in the file were examined and investigated and the case was decided.
Decision: Pursuant to Article 38 of Law No. 2675, the defendant opposed the lawsuit within the framework of paragraphs (d) and (e).
It is understood that the parties are Turkish citizens according to the population records in the file. There is no file annex stating that the plaintiff is a Dutch citizen in the documents included in the file. Even if it is included in the file that the plaintiff is a Dutch citizen, it is still obligatory to act in accordance with Turkish law. This situation is supported by the laws according to Article 4 / b of Law No. 2675. It is seen that the law that should be recognized is Turkish Law in terms of foreign decisions. It is known that the Netherlands also participated in the agreement with the marriage bond. Accordingly, the request for enforcement cannot be refused.
Even if Turkish law was applied for the contract, it is not right not to grant a divorce decision. These conditions cannot be determined with the content of the foreign decision in terms of the subject of the case. Therefore, it is not correct to make a written decision while the lawsuit should be rejected.
Conclusion According to the reasons explained in the judgment, it has been decided to overturn the case and to return the advance appeal fee to the person who deposited it.