Recognition of Foreign Court Decisions
The recognition and enforcement of foreign court decisions are required for them to be valid in Turkey. This process involves a complex area of international law and various legal requirements that must be carefully managed. At RM Law Consultancy, we provide comprehensive legal consultancy and representation services for the recognition and enforcement of foreign court decisions in Turkey.
Recognition and Enforcement of Foreign Court Decisions For a decision made in a foreign court to have legal validity in Turkey, it must first be recognized by Turkish courts. Recognition means ensuring that the foreign court decision is accepted as valid in Turkey. Enforcement, on the other hand, allows the recognized foreign court decision to be executed in Turkey. Recognition and enforcement cases are conducted in accordance with the International Private and Procedural Law (Law No. 5718).
Stages of Recognition and Enforcement Cases Preparation of Application: For the recognition and enforcement of a foreign court decision, it is necessary to collect the required documents, prove that the decision is finalized, and demonstrate that the foreign court is competent. At this stage, the original or certified copy of the decision, its sworn translation, and an apostille certificate are obtained.
Filing of the Lawsuit: Recognition and enforcement requests are submitted to the competent Turkish courts with a petition. The petition specifies the legal grounds of the foreign court decision, confirms that it is finalized, and outlines the matters that need recognition in Turkey.
Trial Process: The court examines whether the foreign court decision is contrary to public order in Turkey, the applicability of the principle of mutual recognition, and whether the parties were duly notified. During this process, the defenses and objections of the parties are evaluated.
Decision and Execution: If the court decides on the recognition and enforcement of the foreign court decision, this decision becomes enforceable in Turkey.
Legal Support and Consultancy
Document Procurement and Preparation: We assist our clients in obtaining the necessary documents and providing sworn translations for the recognition and enforcement of foreign court decisions.
Management of Legal Proceedings: We represent our clients at all stages of recognition and enforcement cases, ensuring that the legal process is completed smoothly and swiftly.
Objection and Defense: We develop defense strategies to evaluate objections made against the recognition and enforcement of foreign court decisions, protecting our clients' rights.
Public Order and Reciprocity Principle: We provide legal consultancy on issues such as public order violations and the principle of reciprocity during the recognition of foreign court decisions in Turkey.
International Law and Current Developments The dynamic nature of international law and legal regulations between countries are constantly changing. At RM Law Consultancy, we provide our clients with the most up-to-date information on legal regulations and international law practices, offering the most accurate and effective solutions in the recognition and enforcement of foreign court decisions.
RM Law Consultancy, standing by your side in the recognition and enforcement of foreign court decisions in Turkey, provides all the legal support necessary to protect your rights and resolve your international legal issues.