Yearbook of Private International Law, Volume 15 (2013/2014), pp. 485-508
© sellier european law publishers & Swiss Institute of Comparative Law
Printed in Germany
RECOGNITION AND ENFORCEMENT OF
FOREIGN COURT DECISIONS IN TURKEY
Ceyda SÜRAL
*
/ Zeynep Derya TARMAN
**
I. Introduction
II. Prerequisites of Recognition and Enforcement
A. Claims Pertaining to Civil and Commercial Matters
B. Court Decisions
C. Final Decisions
III. Procedure
A. Jurisdiction
B. Claimant
C. Petition
D. Court Fees and Expenses
E. Service
F. Plea
IV. Grounds for Non-Recognition and Non-Enforcement
A. Reciprocity
B. Jurisdiction
1. Exclusive Jurisdiction
2. Exorbitant Jurisdiction
C. Public Policy
D. Breach of Right of Defence
V. Enforcement Decision and its Appeal
VI. Conclusion
I. Introduction
One of the core consequences of globalisation has been the rapid increase in trans-
national litigation and the associated need to enforce judgments across national
borders. Recognition and enforcement of foreign countries’ court decisions in
another country has always been a delicate and difficult issue. It is known that the
system does not have a universal rule and each country adopts its own valued
judgment with regard to foreign decisions.
*
Dr jur; Kadir Has University Law School, Istanbul/Turkey, Department of Private
International Law. Email: ceyda.sural@khas.edu.tr.
**
Dr jur; Koç University Law School, Istanbul/Turkey, Department of Private
International Law. Email: ztarman@ku.edu.tr.