Litigations for Recognition and Enforcement

In order that the court decision given in a foreign country are effective and implemented, recognition or enforcement of this decision should be executed by the official and authorized court in Turkey.

Recognition is defined as recognition of a decision of foreign court by Turkish Courts; on the other words, the decision given and finalized by foreign shall be effective as given by Turkish Courts. Enforcement has been regulated in 50th article of PILA (Turkish Private International Law). “Execution of the court judgments given by Foreign Courts for litigations and finalized in accordance with that acts of state in Turkey depends on enforcement judgment to be given by Turkish Courts.” This definition has been regulated and foreign court judgments have been provided to be able to be executed by Turkish Courts.    
       
Certain terms and conditions are required for recognition and enforcement of foreign country decision/judgment: They are as follows:  

» A legal decision given and finalized by foreign courts should be placed,  

» An agreement relating to recognizing each other’s court judgments concluded mutually between the state of the court rendered the judgment and Turkey or a regulation allowing the court verdicts or decision given in Turkey to be acknowledged in that country’s laws should be available.   

» The decision should be given as not getting in exclusive authority of Turkish Courts,  

» The litigious foreign verdict should not be clearly against public order

» Right of defense should be let the related person to be enforced used.

In case of the presence of the conditions specified, the original copy and translation of the court order duly approved by competent authorities of the concerned country, and apostille proving the court order to be finalized and duly approved by that country's authorities and translation of this document or writing should be available. Odaman & Taskin Law Firm provides legal consulting services relating to family and divorce law in Turkey such as recognizing of the decisions given by foreign country courts for companies and persons in Istanbul, Turkey, executing of the decisions given by foreign country courts for companies and individuals in Istanbul, Turkey, recording marriage proceedings of the foreigners in Turkey, recognition and enforcement of divorce decisions given by Foreign Courts in Turkey, litigation and finalizing the cases relating to recognition and enforcement of the decisions given on maintenance and compensation cases by Turkish courts with expert recognition and execution/enforcement law lawyers in Istanbul. Odaman & Taskin Law Firm provides both natural and legal persons with professional consulting and attorney services by remedies related to coming up with solutions for issues faced in Private Intenational Law including recognition and enforcement.