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.
Recognition and Enforcement, Foreign Judgments, The Hague Judgments Convention, Private International Law, International Litigation
The author received no grant support for this work.
Primary Language | English |
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Subjects | Law in Context |
Journal Section | Articles |
Authors | |
Publication Date | December 30, 2020 |
Submission Date | April 6, 2020 |
Published in Issue | Year 2020 Volume: 40 Issue: 2 |
Bibtex | @research article { ppil807623, journal = {Public and Private International Law Bulletin}, issn = {2651-5377}, eissn = {2667-4114}, address = {}, publisher = {Istanbul University}, year = {2020}, volume = {40}, number = {2}, pages = {775 - 798}, title = {Possible Ratification of the Hague Convention by Turkey and Its Effects to the Recognition and Enforcement of Foreign Judgments}, key = {cite}, author = {Süral Efeçınar, Ceyda} } |
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 . Retrieved from https://dergipark.org.tr/en/pub/ppil/issue/56082/807623 |
MLA | Süral Efeçınar, C. "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 (2020 ): 775-798 <https://dergipark.org.tr/en/pub/ppil/issue/56082/807623> |
Chicago | Süral Efeçınar, C. "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 (2020 ): 775-798 |
RIS | TY - JOUR T1 - Possible Ratification of the Hague Convention by Turkey and Its Effects to the Recognition and Enforcement of Foreign Judgments AU - CeydaSüral Efeçınar Y1 - 2020 PY - 2020 N1 - DO - T2 - Public and Private International Law Bulletin JF - Journal JO - JOR SP - 775 EP - 798 VL - 40 IS - 2 SN - 2651-5377-2667-4114 M3 - UR - Y2 - 2020 ER - |
EndNote | %0 Public and Private International Law Bulletin Possible Ratification of the Hague Convention by Turkey and Its Effects to the Recognition and Enforcement of Foreign Judgments %A Ceyda Süral Efeçınar %T Possible Ratification of the Hague Convention by Turkey and Its Effects to the Recognition and Enforcement of Foreign Judgments %D 2020 %J Public and Private International Law Bulletin %P 2651-5377-2667-4114 %V 40 %N 2 %R %U |
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 2020): 775-798 . |
AMA | 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. |
Vancouver | Süral Efeçınar C. 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. 2020; 40(2): 775-798. |
IEEE | C. Süral Efeçınar , "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, pp. 775-798, Dec. 2020 |