Are the Proceedings for the Enforcement of Foreign Judgments the Same as Those for Domestic Judgments in Turkey
There is a slight but important difference between enforcement of a domestic judgement and foreign judgement; foreign judgements needs to be evaluated by the court before the execution of the relevant judgement.
After this evaluation – which mostly covers of evaluating procedurally – the foreign judgement may be enforced just as a domestic judgement.
According to the International Private and Civil Procedure Law No.5718, the request of enforcement is examined and decided in accordance with the provisions of the ‘’simple trial procedure’’.
This type of procedure is given in the Civil Procedure Code No.6100.
In this procedure, parties submit their petition and all of the proof that they have in once.
After that, parties may not be able to submit any petition or proof since it shall be the expansion of claims.
Where possible, the court decides on the file without inviting the parties to the hearing.
The court completes the hearing of the parties, the examination of the evidence and the execution of the investigation in two hearings.
Contributor: Emre Aslan
Position/Title: SENIOR LAWYER
For more posts contributed by Emre Aslan and ANTROYA DEBT COLLECTION & LAW OFFICE, please click here.
The Q&A Global is a special column run by CJO Global, and serves as a knowledge-sharing platform to facilitate peer learning and networking, and to provide the international business community with a global landscape of this industry. This post is a contribution from Antroya Debt Collection & Law Office. Antroya, headquartered in Istanbul, Turkey, has been working in the field of debt recovery dating back to 2005. They work with the world’s leading financial services companies and groups, who have the global largest network in International Receivables, and they are a member of several world's leading debt recovery networks.