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of Article 2 of Law on International Private Law and Procedural Law, a
judge is obliged ex officio to investigate the applicability of a foreign law
in a lawsuit; in accordance with the respective provision of Article 24/1,
private relationship of the parties, arising from a contract is subject to
the law decided expressly as applicable therein; in compliance with the
letter of warranty, deemed as the provision of the contract by the parties
thereto, Swiss Law is applicable to the dispute; under such a circumstance,
the court should demand the assistance of the parties, with regard to the
submission of the Swiss Laws, and the respective regulations applicable
to this lawsuit, as well as summon the respective provisions of the said
laws by mediation of the Ministry of Justice, and have the compliance of
the expertise report with the provision of the submitted foreign laws in
question examined”.
Pursuant to the clear provision of Law No. 5718, although the lawsuit
in question is tried before the Turkish Courts, the applicable law will be
the law of the foreign country, having been expressly agreed upon by the
parties in the respective contract. The settled practice of the 11
th
Civil
Chamber of the Court of Appeal is in line with the Law.