نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
The issue of recognition and enforcement of foreign court judgments in Turkish law is regulated between articles 50 and 60 of the Private International Law and Procedure Law (MÖHUK) which was implemented on 12.12.2007 No. 5718. According to these regulations, one of the necessary conditions to realize the recognition or enforcement of a judgment of a foreign court in Turkey is that "these judgments should not be clearly contrary to the public order of Turkey." and the scope of this concept will be mentioned, then brief information about the criteria that are taken into consideration in the recognition and enforcement of foreign court judgments in Turkish private international law will be presented. In the following, we will focus on the "public order" intervention and provide detailed comparative information that is the subject of our study.At this stage, the reduced impact theory that explains public order intervention and the purpose of this intervention will be described. In the framework of the prohibition of appeals, the boundaries of public order intervention and the limits of the judge's powers will be examined in the field of basic and ritual criteria. During these reviews, in addition to the Turkish doctrine, the views of the German doctrine will also be discussed and the theoretical knowledge will be tried to be concretely presented in the light of the decisions of the Turkish Supreme Court.
کلیدواژهها English