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I NTERNAT I ONAL COMMERC I AL LAW
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objections that the conditions for enforcement under the relevant provisions
of the IPPL do not exist, that the foreign court decision has already been
partly or fully fulfilled, or that an event which hinders its fulfillment has
occurred.
The Turkish court may decide to enforce the judgment fully or partially,
or may refuse enforcement.
Cautio Judicatum Solvi.
Foreign real or legal persons who commence
an action in a Turkish Court, participate in a pending lawsuit, or seek
execution of a judgment must provide security in an amount to be
determined by the court to cover court and execution costs and the damages
of the counterparty.
On the basis of reciprocity, the court may release the foreigner claimant
from the obligation to provide security.
Conditions of Recognition and Enforcement
Only foreign judgments in civil law matters (or exceptionally in
criminal matters to the extent they contain money judgments) are subject
to recognition and enforcement.
Reciprocity
The IPPL regulates that the competent court renders a decision for
enforcement if there is a reciprocity agreement between the Turkish
Republic and the State where the judgment has been rendered or if a
statutory provision or actual practice in that country makes the enforcement
of Turkish court decision possible.
Turkey has signed reciprocity agreements with some countries, but
reciprocity established by an international agreement is not a prerequisite
for enforcement of a foreign judgment.
De facto
reciprocity is also
sufficient. Such
de facto
reciprocity has already been established for court
decisions rendered in some of the Western European countries, including
Germany, Holland, the UK, and Switzerland.
Exclusive Jurisdiction
The foreign court decisions concerning a matter where Turkish
Courts have exclusive jurisdiction cannot be enforced in Turkey. Under