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You have been married or divorced abroad, and / or obtained custody of your child by a foreign court order abroad.
What do you need to do to make these decisions legally valid in Turkey?
Turkey Medicals member and lawyer in Antalya Turkey gave us the information on legals and rights for you, “in line with the questions that have come to us, I want to shed light on an issue that concerns our citizens living abroad today.”
No.2675 International Private Law and Procedural Rules (mohuk), according to civil cases has been given in relation to foreign courts, and court decisions according to the laws of that country is located in Turkey finalized the implementation of executive order (enforcement), or just recognition (recognition), as well as be done legally and in which case should be opened, respectively, I’ll explain. Before we move on to recognition and enforcement cases, I also want to provide information about the stage of marriage:
What should you do when you get married in a foreign country?
Marriages with foreign spouses in foreign countries and subsequent divorce decisions are sometimes not reported to consulates.
The reason for this practice is due to the idea that when you want to remarry later, you can easily get documents related to the marriage, since the marriage does not appear in the records. However, this situation, which is cheating against the law and illegal behavior, will put the person in greater trouble in the future. Failure to inform the marriage and, accordingly, the decision to divorce will lead to problems and the fact that this decision to divorce is destroyed from the point of view of Turkish law.
Since a second marriage is not possible when you are married to someone in Turkish law, a later marriage will also be legally invalid. The fact that the first marriage was not recorded will not eliminate this situation. Even if the second marriage is performed with the documents to be obtained, if the situation is understood later, this subsequent marriage will not have legal consequences. There will also be very serious difficulties in exercising the rights related to the subsequent marital relationship, which is a legally invalid marriage. For this reason, care should be taken to act in accordance with the law and the marriage should be notified to the population Directorate through the consulate. In addition to all difficulties and loss of rights that you will otherwise experience, you should also know that a fine will also be imposed for failure to meet this legal obligation. In case of divorce in a foreign country, it will also be necessary to open a case for enforcement of divorce in Turkey (which will be explained below).
What is a case of Tenfiz (enforceability of a foreign court decision in our country)?
In order for decisions made by foreign courts to be valid in our country, it will depend on the filing of a claim for tenfiz in the competent Turkish court and the decision of tenfiz (to be applied in our country) by this court.
What is a case of recognition (a foreign court decision can also be used as evidence, documents in our country)?
The aim is not to execute a foreign court decision in Turkey, but only to use these decisions as definitive evidence or final provision in other events/ other cases valid in our country.
Because the case of Tenfiz also provides recognition of the decision, the usually preferred type of case is the case of tenfiz.
How to open a Tenfiz case?
Enforcement cases will necessarily be opened together with a proper invitation to the defendant. A hearing will be held in the case and no decision will be made on the paperwork. It is not possible to open these cases as adversarial cases. The case is subject to simple procedure and can also be seen on judicial holiday. If the plaintiff does not have a residence in Turkey, he will need to show Collateral. The judge appreciates the amount of collateral. But there is a reciprocity agreement between the foreign country in which the decision was made and Turkey, and if there is an exemption in this agreement (on collateral), the guarantee requirement will not be sought. As a matter of fact, Turkey has reciprocity agreements with many European countries and there is no guarantee requirement in the cases filed. The competent court is the residence of the defendant; if he does not have a residence in Turkey, the court where he is calm, and if he does not have a residence, these are the courts of “Ankara, Istanbul, Izmir”. But since the authority in such cases is not related to public order, the case can be filed from all over Turkey if the opposite party will not object to the authority.
What is the statute of limitations for opening the case?
Requests for enforcement of divorce cases are subject to a 10-year statute of limitations. If the defendant objects in the case filed after a 10-year period, the case is therefore dismissed. However, if the defendant does not object that the statute of limitations has expired, the judge does not automatically consider the statute of limitations and hears the case.
What should be added to the petition?
A letter, comment (explanation) or document duly approved by the authorities of that country and a translation approved by the consulate or notary will be added to the request for enforcement, indicating that the decision and decision of the foreign court have been finalized.The fact that you have filed a case depends on the fact that your documents are complete. It is not possible for a court in Turkey to make a decision on recognition or enforcement, satisfied with a copy of a foreign court’s decision.
What are the conditions for the court to make a decision on enforcement?
1. A reciprocity agreement between the Republic of Turkey and the state in which the decision was made, or a provision of the law or actual application that allows the enforcement of decisions made by Turkish courts in that state,
2. The declaration has been issued on a matter that does not fall under the exclusive jurisdiction of the Turkish courts,
3. In accordance with the laws of the place, the person who requested enforcement against him has not been duly summoned or represented in the court giving the sentence, or has been sentenced in absentia in violation of these laws, and this person has not appealed to the Turkish court against the request for enforcement on the basis of one of the above considerations,
4. The fact that the law authorized in accordance with the Turkish conflict of laws rules in the Foreign decision on the status of persons of Turks has not been applied and the defendant, who is a Turkish citizen, has not objected to enforcement in this respect.
4.the situation mentioned in the article often occurs in divorce cases. If both parties are Turkish, the foreign court applies Turkish law. Sometimes, in divorce decisions made by foreign courts,whose parties are Turkish, Turkish law does not apply, and a divorce decision is made according to the law of the foreign country in which the court is located. In such a case, the judge will not make a decision on tenfiz if the defendant party therefore objects to the tenfiz case filed. If the defendant does not object to this, and the decision of the foreign prisoner is clearly not contrary to Turkish public order, a decision on enforcement may be made. In this way, the final ruling force of a foreign court decision will also apply to Turkey.
The application may also be a problem and other considerations that you should pay attention to include:
* Nature of the decision to be requested: the decision to be requested must be a decision made by the “court”, not by administrative units that do not have a court adjective, such as the church, municipality, governorship. Otherwise, recognition or enforcement of these decisions in Turkey will not be possible.
* Subject of power of attorney: foreign nationals or Turkish nationals who are asylum seekers in a foreign country; foreign country notaries will be able to give a valid power of attorney by translating the power of attorney into Turkish and approving this translation by the consulate or notaries in Turkey.
* Subject of a legal Tebigat for notices abroad in this case consist only of transactions that include special procedures and periods in the content that your expert lawyer authorized in this regard can perform.
If we give a brief information; in practice, notification abroad is carried out by two methods. First, the Ministry of Justice’s communique dated 17.03.1980 concerning the documents and expenses of the communique to be sent to foreign countries, as well as persons who cannot be notified to them, and the notification process is carried out in accordance with the communique amending this communique. In these communiques, it is stated how to notify the state of both bilateral agreements and multilateral agreements. If there is a bilateral and multilateral agreement on legal aid between the states to which the notification documents will be sent, the provisions of the multilateral agreement, but if there is a separate and special provision in the bilateral agreement, the bilateral agreement will apply again in case of hesitation.
The second method of notification is to carry out the notification process through the political representation in accordance with Article 25/a of the notification Law No. 7201.
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Turkey's world-renowned organ transplant specialist. Dr. Demirbaş has 104 international publications and 102 national publications.
Physician's Resume:
Born on August 7, 1963 in Çorum, Prof. Dr. Alper Demirbaş has been continuing his work as the President of MedicalPark Antalya Hospital Organ Transplantation Center since 2008.
Prof. who performed the first tissue incompatible kidney transplant in Turkey, the first blood type incompatible kidney transplant, the first kidney-pancreas transplant program and the first cadaveric donor and live donor liver transplant in Antalya. Dr. As of August 2016, Alper Demirbaş has performed 4900 kidney transplants, 500 liver transplants and 95 pancreas transplants.
In addition to being the chairman of 6 national congresses, he has also been an invited speaker at 12 international and 65 national scientific congresses. Dr. Alper Demirbaş was married and the father of 1 girl and 1 boy.
Awards:
Eczacibasi Medical Award of 2002, Akdeniz University Service Award of 2005, Izder Medical Man of the Year Award of 2006, BÖHAK Medical Man of the Year Award of 2007, Sabah Mediterranean Newspaper Scientist of the Year Award of 2007, ANTIKAD Scientist of the Year Award of 2009, Social Ethics Association Award of 2010, Işık University Medical Man of the Year Award of 2015, VTV Antalya's Brand Value Award of 2015.
Certificates:
Doctor of Medicine Degree Hacettepe University Faculty of Medicine Ankara, General Surgeon Ministry of Health Turkey EKFMG (0-477-343-8), University of Miami School of Medicine Member of Multiple Organ Transplant, ASTS Multiorgan Transplant Scholarship. Lecturer at Kyoto University. Lecturer at University of Essen, Research assistant at the University of Cambridge .
Professional Members:
American Society of Transplant Surgeons, American Transplantation Society Nominated, Middle East and Southern Africa Council Transplantation Society 2007, International Liver Transplantation Association, Turkish Transplantation Association, Turkish Society of Surgery, Turkish Hepatobiliary Surgery Association.
Disclaimer:
Our website contents consist of articles approved by our Web and Medical Editorial Board with the contributions of our physicians. Our contents are prepared only for informational purposes for public benefit. Be sure to consult your doctor for diagnosis and treatment.