PRAKT. MANUALS FOR D E AUSLAENDER FOREIGNER RİGHT
5 - The acknowledgment of the judicial and arbitral decisions
A foreign judicial decision is absolutely by the responsible Turkish court to be recognized, in order in Turkey to be full-stretched. Even the parties of the foreign judicial decision Turk are, can in Turkey without the acknowledgment of this decision by responsible Turkish courts not be full-stretched.
A judicial decision valid and, whose parties are foreigners, made to the civil case, or whose parties are a different national as well as one of the parties Turk are, is by responsible Turkish courts to be recognized, in order in Turkey to be full-stretched.
e.g.: The judicial decisions over divorce, compensation or demand can by the judicial acknowledgment in Turkey full-stretched become.
Those the personal requirements of global sections of the judicial decisions to the criminal action can be recognized also for the enforcement.
It is necessary for the acknowledgment of the judicial decision to request to the court dealt with with this thing on the part of one of the parties. On the feed by the court to the thing the respondent can make written response within the legal period. Respondent knows contradiction in reference on the fact that the prerequisites are missing over the acknowledgment in accordance with the article 38 of the international judicial code, which regulations of the judgement were fulfilled partly or entirely as well as prevent-eat for enforcement developed insert.
The court can arrange it that the judgement is recognized partly or entirely or the request is rejected to the thing. The recognized judgements are full-stretched like the judgements issued by the Turkish courts.
Appointment-insert against the decisions over the acknowledgment of a judgement depends on the general legal regulations. On the appointment the enforcement ruhrt.
Hacı Ali Özhan
hacialiozhan@mynet.com
Not:German-Deustch:PRAKTİSCHER HANDBUCH FÜR DİE AUSLÄNDER ....Ausläderrecht-
1.Einführng
2.allgemeiner Blick auf das türkischen Rechtssystem
3.Burgerrecht
4.Das Klagerecht und die an der Klage zu leistende Sicherung des Ausländers
5.Die Anerkennung der gerichtlichen und schiedsrichterlichen Entscheidungen
6.PERSONENRECHT
7.Yabancının taşınmaz edinmesi
8.Dernek, Sendika ve Sosyal güvenlik
9.ERZIEHUNGSRECHT
10.HANDELSRECHT
11.Joint Venture Vertrag
12-Europavertrag und individuelles Antragsrecht
13-Die Eheschliessung, das Verlöbnis, Die Abstammung
14-Ehescheidung, Die elterliche Sorge, Unterhaltspflicht, Schadenersatz
15-Strafrecht