Recognition and Enforcement Cases


1- What is a Recognition Case?

Recognition lawsuit: It is the type of lawsuit filed to ensure that the court decision given in a foreign country is accepted as a final judgment or conclusive evidence. Recognition action is required for court decisions containing non-executive provisions.

For example, if only a divorce decision has been made by the French Courts, it is necessary and sufficient to file a recognition lawsuit if there are no enforcement provisions such as custody, alimony or compensation besides the divorce.


The purpose of the recognition case is to give the foreign court decision the power of final judgment and definitive evidence.


2- What is Enforcement Lawsuit?

Unlike the recognition case, in the enforcement case, there is an executive provision in the decision. Enforcement action should be filed in order to ensure that this enforceable provision is also valid in Turkey.


To define, Enforcement Lawsuit: It is the type of lawsuit that ensures that the decisions made by foreign courts as a result of lawsuits regarding the private law relations of individuals, containing enforcement judgments, are valid in Turkey and that they give birth to their judgments and consequences in Turkey.


As we mentioned in the example above, if the custody of the children and/or alimony are ruled in the divorce decision, in this case, the recognition of the decision is not enough.


The lawsuit filed for this purpose, that is, that the provisions of the foreign court decision are also valid in Turkey, is called Enforcement Lawsuit.


3- Why is Recognition and Enforcement Necessary?

To give a very simple example: When a couple gets married in Turkey or gets married in a foreign country and this situation is reported to the Population Directorate, the parties enter the status of married. The obligations of living together, facing difficulties together, loyalty obligations, the obligation of women to use their husband's surname, etc., arising from family law, towards each other. They are the heirs of each other as well as their obligations. In other words, the existing marriage imposes obligations on the parties as well as grants some rights.


If these people get divorced, for example, in Germany, the divorce decision will only be valid in Germany. According to the records in Turkey, these people continue to stay married. Therefore, despite the divorce, the inheritance of the other spouse continues.


Turkey is an independent country. Therefore, it does not have to directly implement the decisions of foreign courts. It will examine whether the court decision subject to the case is in compliance with the provisions of the Turkish Legislation, whether it is contrary to public order, and accordingly, it will give a recognition or enforcement decision on the validity or enforceability of the decision.


4- In Which Courts Are Recognition and Enforcement Cases Heared?

For the Recognition and Enforcement of the Divorce, Custody, Alimony Obligation decisions given by the Foreign Courts, a lawsuit is filed in the Family Court, and in places where there is no Family Court, a lawsuit is filed and decided.


5- What are the Documents Required for Recognition and Enforcement Case?

The following documents are required in cases to be filed for the recognition and enforcement of Divorce Decisions.

The original of the decision (divorce decision) given by the foreign court (wet signed, sealed)

Annotation or document showing that the foreign court's decision is final (wet signed and stamped)

Apostille Commentary

Translation of the decision of the foreign court into Turkish by a sworn translator and having this translation approved by the Notary or Consulate

Photocopy of passport and identity card

Power of Attorney (As it should be a passport photo in the power of attorney, the power of attorney has the authority to "open a case of recognition and enforcement of the divorce decision made abroad, to accept the case"

required.


6-Is it necessary for the parties to attend the Hearings of the Recognition Enforcement Case?


This question should be examined separately from the point of view of the plaintiff and the defendant. Recognition and Enforcement cases are cases subject to the Code of Civil Procedure. Therefore, it is obligatory for the plaintiff, who does not represent himself with a lawyer, to the lawsuits and hearings.


If he or his lawyer does not attend the hearings, the case is dismissed. If it is not renewed, it is decided to consider the case as unopened.


The defendant does not have to attend the hearings in any way. In the absence of the defendant who does not attend the case, the case is continued and the decision is rendered. However, the defendant must be notified of the petition and the date of the hearing in any case. It is also obligatory for the defendant to be notified of the decision by the court.

7-How Long Does the Recognition and Enforcement Case Take?

Recognition and enforcement cases are technical cases in nature. In these cases, witnesses cannot be heard, no discovery is made, no expert examination is made unless it is compulsory.


In such cases, the subject of trial is limited to examining whether the foreign court decision fulfills the conditions of recognition or enforcement.


The issue that takes time in recognition and enforcement cases and causes the prolongation of the case is the notifications made to the defendant.


As we mentioned above, it is obligatory to notify the defendant of the petition, the date of the hearing and the decision made at the end of the trial. If the Defendant is abroad, a long and complex procedure comes before us in accordance with the Foreign Notification Procedure. Considering the fact that there is a minimum of 4 months for notifications abroad and the determination of the hearing date, the process takes a minimum of 6 months to 1 year.


However, it is possible to shorten this period. The way to do this is to ensure that the defendant participates in lawsuits and hearings or if the defendant represents himself with a lawyer, the process will be shortened.


So much so that if both the plaintiff and the defendant represented themselves with separate lawyers before the lawsuit, this lawsuit can be concluded even within a few days if there are no other shortcomings.


8- What is Recognition Enforcement Lawyer?

First of all, it should be known that in the Turkish legal system, there is no separate attorneyship in the form of Recognition Enforcement attorney. A lawyer can handle any type of case on any subject. However, it is not possible for a lawyer to specialize in all types of cases, in the nature of things and in the ordinary course of life.


Therefore, you can get help from lawyers who are experts in Recognition and Enforcement Lawsuits.


One of the main working areas of our office is Recognition and Enforcement cases. Our office, which follows the stages of including the international agreements signed in these types of cases, which are in close relationship with International Law, into our domestic law, provides services to its clients in obtaining healthy results in the shortest time with its experience and up-to-date knowledge.


9-Which Lawyer Should I Apply to for Recognition and Enforcement Case?

It is of great importance that you benefit from the legal assistance of an expert Divorce Lawyer in terms of cases to be filed for the recognition and enforcement of Foreign Court decisions regarding Divorce and Family Law.


10- What is Apostille? Why is it necessary?


Apostille is a validation process for official documents issued by official authorities in one country to be considered valid in another country. By issuing an "Apostille Annotation" on the said Official document by the issuing country, it is aimed to be considered valid in another country without the need for any further approval.


For example, by adding an apostille annotation to a decision made by the Dutch courts, "The document is a court decision, it was issued from the Netherlands, when the decision was made, who signed the decision, whether there is a seal, etc." information is included.


Apostille annotation is a certification process. It is important in many ways. However, here we will examine in terms of Recognition and Enforcement cases.


There are many countries in the world and both the legal system and the management systems of these countries differ. Therefore, there is no common court decision format in all countries. Moreover, it will take a long time to confirm the content of the court decision in question.


In this respect; determination of whether a foreign court decision, which is the subject of the case, is actually a court decision, from which country and from which court it was issued, by whom the decision was made on what date, whether there is a seal on the document, in terms of recognition or enforcement; It can be provided by issuing an apostille annotation without asking the court that made the decision and without the need for confirmation.


For this reason, an apostille annotation is a mandatory element in recognition and enforcement proceedings.


 

Alanya Lawyer, Alanya Law Firm, Alanya Enforcement Lawyer, Alanya Criminal Lawyer, Alanya Divorce Lawyer,Alanya Foreigners and Citizenship Lawyer,Alanya Real Estate Lawyer,Alanya Law, Alanya Rental Law,Alanya Residence Permit Consulting, Alanya Real Estate Consultant Lawyer-Alanya Family Lawyer

benzer_icerikler