Automatic recognition accepted within certain international conventions which Turkey is party

Abstract

Turkish Private International Law and International Civil Procedure Act no. 5718 (PILA no.5718) and bilateral and multilateral international conventions concerning recognition oj foreign decisions and which Turkey is a party are examined. Three different procedures of recognition are determined according to PILA no. 5718 and bilateral and multilateral international conventions to which Turkey is a part on the recognition of a foreign decision. The first two of them are "Bringing an Independent Recognition Lawsuit in a Turkish Court" and "Demanding for Recognition in a Pending Action in a Turkish Court", which are regulated in article 58 of the Turkish PILA no.57I8. When the bilateral and multilateral international conventions to which Turkey is party are studied, it is determined that in most of them, the recognition procedures in PILA no. 5718 are referred and no other procedure are acknowledged. In some of them, it is determined that foreign court decisions should be in effect without considering the recognition conditions or a recognition decision; in other words, should have the effect as a final judgement and conclusive evidence in Turkey. This third procedure of recognition is called "Automatic (Direct) Recognition Procedure " in this study. As a result, although in article 58 of'PILA no. 5718, recognition without considering the recognition conditions or a recognition decision, in other words, direct recognition is not permitted, this procedure is accepted within the bilateral and multilateral international conventions to which Turkey is party and therefore "Automatic (Direct) Recognition Procedure" is adopted in Turkish Law.