Master'sOpen Access

Registration and recognition of foreign divorce decisions made by administrative authorities in Turkish international procedure law

2022
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Advisor: Prof. Dr. Faruk Kerem Giray

Abstract (EN)

Divorce rules and divorce procedures are subject to different regulations between legal systems and countries. The number of countries adopting regulations that enable the parties to terminate the marriage union by the decision of the administrative authority without resorting to court is increasing day by day. with the privatization reforms of the divorce law. According to Law No. 5718, only the decisions made by foreign courts; may be subject to recognition and enforcement in Turkish law. The new amendments of art. 27/A of Civil Registration Act with the Decree Law No. 690, has provided a legal effect without any requirement of a court decision within the framework of Law No. 5718- of divorce decisions and other decisions that terminates marriage. With this amendment recognition of divorce decisions and other decisions that terminates marriage can be made by administrative authorities (civil registry offices). In addidition with this amendment, impact on Turkish law of foreign administrative divorce decisions and other decisions that terminates marriage was accepted. In this study, the recognition of foreign divorce decisions by judicial authorities in Turkish law, the recognition and registration of divorce decisions made by foreign by administrative authorities in Turkish law and the recognition of foreign divorce decisions within the framework of international agreements will be examined.

Author

Dr. Melike Asya Tayfur

How to Cite

Melike Asya Tayfur (Master Thesis). Registration and recognition of foreign divorce decisions made by administrative authorities in Turkish international procedure law, 2022, İstanbul University.

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