Implementation of Divorce Verdicts in Foreign Courts in Turkey
Recognition and Approval Demands | Turkish Divorce Family Lawyer
Turkish Divorce Family Lawyer | What is the process of recognition and approval of foreign verdicts?
Every country has an authority to make and uphold laws within its borders. This also means, when a disagreement happens, the local authorized court in charge is obliged to solve the disagreements that happen in that country. In this sense, it could be understood that the verdict given by the local court is only to be applied in the country that the verdict is given. So, in a special law case, can a verdict that is given by the state X be applied in the state Y? The response depends on state Y’s national law. If a verdict that is given by the court in X will be applied in Y country , the state Y must assess the verdict and APPROVE that it can be applied in that country either.
We call this the process of RECOGNITION and APPROVAL of foreign Verdicts in Turkish law. Recognition means, approval of the foreign verdict by a Turkish authorized court in charge; and approval means the execution of the foreign verdict in Turkey.
Recognition and Approval in Divorce Cases
Generally, in the process we often see in recognition and approval in divorce cases, everyone concerned can appeal to the Turkish court to have the verdict given in the foreign court applied in Turkey.
Because the recognition and approval case won’t be a case with dissension, in the teaching it is named as a “demand” instead of “case”.
Because the verdict rendered (by the Turkish court), is nothing more than an approval of a verdict rendered in a foreign state to be enforced in Turkey. As a matter of fact, the case demanded to be applied in Turkey will not be assessed by the Turkish court either. This is called revision ban.
In the process we encounter in practice, the suitor, to apply for recognition and approval to have the divorce verdict applied and to have the necessary changes made in registers of persons in Turkey, must be in a valid marriage relationship according to Turkish and must be a citizen of Turkey (They can be both citizens). To do so, he/she must apply for a court that takes cases without dissension.
So as a rule, he/she must apply to a CIVIL COURT OF PEACE. In some cases, these demands are accepted by courts of first instance as well. This demand is not subject to foreclosure. Also, since one of the partners can demand recognition and approval alone, the other partner must be informed about the process. In the precepts made according to the procedure, the other partner will be included in the process. Divorce in Turkey, Separation Under Turkish Law.
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