What is Recognition and Enforcement of Foreign Judgments?

Conditions for Recognition and Enforcement Cases

To file a recognition and enforcement case, certain conditions must be met. These conditions are necessary for the foreign court decision to be valid in Turkey. Here are the conditions required for recognition and enforcement cases:

• A court decision must have been made by a foreign court.
• The foreign court decision must relate to civil cases.
• The foreign court decision must have become final.
• There must be reciprocity between Turkey and the country issuing the court decision.
• The court decision must not violate public order.
• The court decision must have been made while respecting the defendant’s right to defense.
• The decision must not concern a matter falling within Turkey’s exclusive jurisdiction.

If these conditions are met, the foreign court decision can be valid in Turkey. A recognition and enforcement case is a process in which Turkish courts examine foreign court decisions only in terms of recognition or enforcement conditions. Due to the prohibition of revision, Turkish courts cannot intervene in the content or substantive findings of foreign court decisions.

Documents Required for Recognition and Enforcement Cases

When filing a recognition and enforcement case, certain documents must be submitted to ensure the foreign court decision is valid. These documents include:

• The original copy of the decision given by the foreign court.
• A document or annotation proving that the decision is final.
• Apostille certificate (The apostille is an authentication process that ensures the validity of a foreign document in another country).
• A certified translation of the foreign court decision into Turkish, notarized and completed by a sworn translator.
• A copy of the passport and identity card.
• A power of attorney (if the case is being filed through a lawyer).

The apostille certificate is a crucial element for recognition and enforcement cases. An apostille is an official process required for a document to be valid in another country. Therefore, it is essential that the apostille certificate is properly prepared for recognition and enforcement cases.

Procedure in Recognition and Enforcement Cases

Recognition and enforcement cases follow the simple trial procedure. The simple trial procedure is a legal process designed to result in quicker resolutions. In this procedure, both parties must present their evidence along with their statements of claim. The judge reviews and resolves the preliminary objections and conditions during the preliminary examination phase.

Since recognition and enforcement cases are subject to the simple trial procedure, they are typically resolved quickly and do not take long. To ensure that the case progresses efficiently, it is important that the parties present their evidence in a timely manner. Furthermore, having an experienced lawyer’s support during the court proceedings provides a significant advantage in ensuring the case proceeds smoothly.

Competent and Authorized Courts in Recognition and Enforcement Cases

In recognition and enforcement cases, the competent court is the Civil Court of First Instance. However, if the foreign court decision relates to family law, the competent court is the Family Court. The court with jurisdiction is the court in the residence of the person for whom recognition or enforcement is being requested in Turkey. If no such place of residence exists, the courts of Istanbul, Ankara, or Izmir are authorized.

Recognition and enforcement cases are an essential legal process that allows court decisions to be valid and enforceable in another country. Especially in recognition and enforcement cases concerning family law, the involvement of Family Courts is significant. For successful outcomes, it is crucial to file the correct applications to the authorized courts and submit the necessary documents.

The Outcome and Importance of Recognition and Enforcement Cases

Recognition and enforcement cases are of great importance for foreign court decisions to be valid in Turkey. As a result of these cases, foreign court decisions are accepted as res judicata and conclusive evidence in Turkey and become enforceable. Recognition and enforcement cases are particularly crucial in matters such as family law, commercial relations, and inheritance.

An enforcement case is initiated when a foreign court decision requires enforcement, while a recognition case is filed for non-executable decisions. To ensure successful recognition and enforcement cases, it is important to meet the required conditions and to seek legal consultation throughout the process. This will help avoid delays and ensure that no rights are lost.