Master'sOpen Access

Conditions of conflict with the public order in recognition and implementation of foreign court decisions

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2023
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Abstract (EN)

It will be possible for foreign court decisions to have a final judgment and enforcement effect in Turkish Law with recognition and enforcement case. In the recognition and enforcement of foreign court decisions, the preliminary conditions listed in md. 50 of the law no 5718 on International Law and Procedural Law and the existence of the main conditions listed in Article 54 of MÖHUK were sought. MÖHUK md. 54/ b. c is regulated as a condition of enforcement that the provision does not constitute a clear violation of public order. In our thesis, first of all, recognition and enforcement case, then the concept of public order, then the principles that prevail in terms of procedural law in the recognition and enforcement case, in the last part, the cases of violation of public order in the procedural sense and their consequences are included. In our study, public order barriers, their effects and consequences in Turkish Law were discussed only in the case of recognition ande enforcement and public order barriers related to the merits were included.

Author

Sevim Didem Bekiş

How to Cite

Sevim Didem Bekiş (Master Thesis). Conditions of conflict with the public order in recognition and implementation of foreign court decisions, 2023, Bahçeşehir University.

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