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Turkish law, some of the jurisdiction rules are related to
ordre public
and
are regulated within the exclusive jurisdiction of Turkish Courts. These
are mainly matters relating to immovable assets, claims within the scope
of the Code of Execution and Bankruptcy, and claims pertaining to the
registration, deregistration, or a cancellation of an intellectual or industrial
property right in Turkey.
Turkish Public Order
A foreign judgment which is obviously against the Turkish
ordre
public
will not be enforced. The determination of when the basic values
of Turkish Law are damaged is within the discretion of the Turkish judge.
Some examples of a contradiction of
ordre public
are violations of the right
to be heard, judgments without merits, judgments against good morals,
and judgments violating foreign trade, customs, or tax regulations.
Respecting the Defendant’s right of defense
A foreign judgment will not be enforced if under the law of the foreign
country, the person against whom the enforcement is sought has not been
properly summoned, was not represented in court, or had a default judgment
rendered against him or her which was contrary to the laws of that country.
Enforcement in these cases will be rejected if the party against whom the
enforcement is sought raises these objections before the Turkish court.
Effects of the Enforcement Decision
Foreign judgments that are enforced by a Turkish court decision are
treated like Turkish local court judgments and can be executed as if they
were Turkish court decisions.
Conclusion
As Turkey is a party to the New York Convention, the recognition and
enforcement of arbitral awards are mostly subject to the Convention.
The recognition and enforcement of foreign judgments is regulated in
the IPPL. However, Turkey is a party to various international conventions
and many bilateral agreements concerning this matter. Briefly, the Turkish
courts are not allowed to re-review the merits of the case, and the grounds
for refusal of enforcement are exhaustively listed in the IPPL.