Resolution of disputes arising from contracts of commercial business in health tourism by national courts

TRACT In the last century, health tourism has emerged in the world for economic and social purposes. However, the lack of legally regulatory common laws and rules regarding the service sector is the biggest problem of this sector. International patients constitute the biggest factor in health tourism services. Health tourism services are related to criminal law, administrative law, and commercial law. In this respect, it constitutes a service area with a wide legal relationship. Due to the fact that health tourism services, which include a complex service in terms of technical equipment and manpower, are carried out between countries, the legal relations between the parties carry the element of foreignness. In this respect, it is possible that some disputes may arise between the service provider and the consumer. As a matter of fact, there is no common international court and common laws where these disputes can be resolved. The process is managed by the international agreement, the policies of the organizations established with these agreements, and the wide savings areas in the contract released between the parties. In our study, the resolution process of the disputes in the contracts in the health tourism sector by the national courts has been investigated. In addition, the recognition and enforcement of the decisions given by foreign courts on this subject has been investigated. Keywords: Commercial enterprise, Commercial dispute, Agency, International contract, Recognition and enforcement, Health tourism