Batalova M.R. Recognition and compulsory enforcement of the foreign judicial decisions in the Republic of Turkey

Abstract: The article is devoted to the problems of recognition and compulsory enforcement of the foreign judicial decisions in the Republic of Turkey. This problem remain topical in spite of the codification of international private law, which took place in Turkey in 2007. It is undoubted, that due to the development of international connection and trade turnover, the Turkish courts need to recognize and enforce foreign judicial decisions more and more often, so they form certain judicial practice on this issue. However, the study shows, that this practice has been inconsistent, which is probably due to the lack of experience of the Turkish courts. The analysis of the current judicial practice of the higher judicial instances with references to their legal positions and analysis of application of the foreign law by the Turkish courts would allow to make further judicial practice more unified and lower the risk of judicial errors. As a result of the studies, the author draws a conclusion that the formal approach of the Turkish courts, lack of clear reference points and guidelines of the higher judicial bodies preclude the Turkish legal practitioners from unifying judicial practice on this issue.

Keywords: