Research Article

Possible Ratification of the Hague Convention by Turkey and Its Effects to the Recognition and Enforcement of Foreign Judgments

Volume: 40 Number: 2 December 30, 2020
  • Ceyda Süral Efeçınar *
EN

Possible Ratification of the Hague Convention by Turkey and Its Effects to the Recognition and Enforcement of Foreign Judgments

Abstract

The recognition and enforcement of foreign court judgments in Turkey have been regulated by the International Private and Procedural Law Act, which was entered into force on 4 December 2007 (hereinafter referred to as “PILA”) in Articles 50-59. According to the Turkish Constitution Article 90/V, international conventions shall have the same effect as national laws. In Article 1/2 PILA, it is emphasized that the provisions of international conventions prevail over the provisions of PILA. Therefore, if Turkey ratified the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (hereinafter referred to as the “Convention”), its provisions would prevail over PILA in cases within the scope of the Convention. In this study, the provisions of the Convention and PILA are compared in order to determine to what extent the recognition or enforcement of foreign court decisions would be facilitated in Turkey in the event that Turkey ratified the Convention. It is hypothetically accepted that not only Turkey, but also all other South East European countries mentioned in the study would ratify the Convention.

Keywords

Supporting Institution

The author received no grant support for this work.

References

  1. Arat, T., ‘Yabancı İlamların Tanınması ve Tenfizi’ (1964) 21 Ankara Üniversitesi Hukuk Fakültesi Dergisi
  2. Bonomi, A., ‘Courage or Caution? A Critical Overview of the Hague Preliminary Draft on Judgments’, (2015/2016) 17 Yearbook of Private International Law 1-31.
  3. Çalışkan, Z., Milletlerarası Usul Hukukunda Teminat (Vedat 2013)
  4. Çelikel, A. and Erdem, B., Milletlerarası Özel Hukuk (Beta 2017)
  5. Demir Gökyayla, C., Yabancı Mahkeme Kararlarının Tanınması ve Tenfizde Kamu Düzeni (Seçkin 2001)
  6. Demirkol, Ö., Yabancı Mahkeme Kararlarının Tenfizinde Karşılıklılık Esası (On İki Levha 2017)
  7. Esen, E., ‘Hukuk Usulüne Dair Lahey Sözleşmesi Kapsamında Yabancı Tüzel Kişilerin Teminat Yükümlülüğünden Muafiyeti’ (2018) 9(1) İnönü Üniversitesi Hukuk Fakültesi Dergisi 1-26
  8. Feldman, A., ‘Rethinking Review of Foreign Court Jurisdiction in Light of the Hague Judgments Negotiations’ (2014) 89 New York University Law Review 2190-2227

Details

Primary Language

English

Subjects

Law in Context

Journal Section

Research Article

Authors

Ceyda Süral Efeçınar * This is me
0000-0002-7016-943X
Türkiye

Publication Date

December 30, 2020

Submission Date

April 6, 2020

Acceptance Date

May 21, 2020

Published in Issue

Year 2020 Volume: 40 Number: 2

APA
Süral Efeçınar, C. (2020). Possible Ratification of the Hague Convention by Turkey and Its Effects to the Recognition and Enforcement of Foreign Judgments. Public and Private International Law Bulletin, 40(2), 775-798. https://izlik.org/JA38ZY99CZ
AMA
1.Süral Efeçınar C. Possible Ratification of the Hague Convention by Turkey and Its Effects to the Recognition and Enforcement of Foreign Judgments. PPIL. 2020;40(2):775-798. https://izlik.org/JA38ZY99CZ
Chicago
Süral Efeçınar, Ceyda. 2020. “Possible Ratification of the Hague Convention by Turkey and Its Effects to the Recognition and Enforcement of Foreign Judgments”. Public and Private International Law Bulletin 40 (2): 775-98. https://izlik.org/JA38ZY99CZ.
EndNote
Süral Efeçınar C (December 1, 2020) Possible Ratification of the Hague Convention by Turkey and Its Effects to the Recognition and Enforcement of Foreign Judgments. Public and Private International Law Bulletin 40 2 775–798.
IEEE
[1]C. Süral Efeçınar, “Possible Ratification of the Hague Convention by Turkey and Its Effects to the Recognition and Enforcement of Foreign Judgments”, PPIL, vol. 40, no. 2, pp. 775–798, Dec. 2020, [Online]. Available: https://izlik.org/JA38ZY99CZ
ISNAD
Süral Efeçınar, Ceyda. “Possible Ratification of the Hague Convention by Turkey and Its Effects to the Recognition and Enforcement of Foreign Judgments”. Public and Private International Law Bulletin 40/2 (December 1, 2020): 775-798. https://izlik.org/JA38ZY99CZ.
JAMA
1.Süral Efeçınar C. Possible Ratification of the Hague Convention by Turkey and Its Effects to the Recognition and Enforcement of Foreign Judgments. PPIL. 2020;40:775–798.
MLA
Süral Efeçınar, Ceyda. “Possible Ratification of the Hague Convention by Turkey and Its Effects to the Recognition and Enforcement of Foreign Judgments”. Public and Private International Law Bulletin, vol. 40, no. 2, Dec. 2020, pp. 775-98, https://izlik.org/JA38ZY99CZ.
Vancouver
1.Ceyda Süral Efeçınar. Possible Ratification of the Hague Convention by Turkey and Its Effects to the Recognition and Enforcement of Foreign Judgments. PPIL [Internet]. 2020 Dec. 1;40(2):775-98. Available from: https://izlik.org/JA38ZY99CZ