.C
SUPREME
2.LAW OFFICE
2002/3736 K. 2002/6539, T. 14.5.2002
Recognition and Enforcement (Parties who are Turkish are divorced in foreign courts according to the rules of foreign law )
Recognition of a Divorce Decision (rules for the recognition of decisions made by foreign courts in Turkey)
Recognition of Divorce Decisions Made by a Foreign Court (If the parties are Turkish, the case is rejected due to the non-application of Turkish Law )
There should not be any missing information in the plaintiff’s divorce petition.
Case: It is requested that the decency of the case between the parties mentioned above with the date number given by the local courts and the execution of the application filed with the appeal be examined. Despite the notification appointed for the hearing, the parties did not come to the hearing. All the papers in the file were examined and investigated, and the case was resolved.
Decision: Article 38 of law No. 2675.according to the Article, the defendant has opposed the case within the framework of paragraphs (d) and (e).
It is deciphered according to the population records included in the file that the parties are Turkish citizens. October The documents included in the file, there is no file attachment stating that the plaintiff is a Dutch citizen.dec. Even if the plaintiff is a Dutch citizen, it is still dec to act in accordance with Turkish law. This situation is supported by the laws in accordance with Article 4 / b of the law No. 2675. In the law that needs to be recognized, it is seen that there is Turkish Law in terms of foreign decisions. It is known that the Netherlands also participated in the contract with the marriage bond. Accordingly, the request for enforcement cannot be denied.
Even if Turkish law was applied for the contract, it is not right that a divorce decision should not be made. From the point of view of the subject of the case, these conditions cannot be determined by the content of the foreign decision. Therefore, it is not correct to make a decision in writing when the case should be dismissed.
Conclusion: According to the reasons explained in accordance with the provision, the case was decided to be dismissed and the appeal advance fee was returned to the depositor.
