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Letters of request in International Private Law

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2011
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Abstract (EN)

International letter rogatory, exists in such cases involving a foreign element. It?s the principal method of obtaining evidence from foreign countries. International letter rogatory, generally means a judicial authority of state?s request the competent authority of another State to obtain evidence. In such circumstances, the state to whom a Letter of Request has been transmitted, as a rule, obtains evidence in accordance with the provisions of its own law. This is a result of the principle, recognized Lex Fori in international private law.It?s not easy to obtain evidence between States which are subject to different legal regulations. The same is true in terms of international letter rogatory. Especially after the end of Second World War, international efforts about establishing methods that can process more easily for obtaining evidence in international law gained momentum. During this period a multilateral treaty ?Hague Convention of 1 March 1954 on civil procedure? was accepted. Chapter I of the Convention describes the procedures about international letter rogatory between its articles 8-16. This Convention was designed in accordance with the civil law system. The second multilateral treaty about this subject is ?Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters?. This Convention is a multilateral treaty designed to bridge the differences between common and civil law systems establish minimum standards and procedures for obtaining evidence from foreign countries. Chapter I of the Convention describes the procedures about international letter rogatory between its articles 1-14. 1970 Hague Convention shall replace articles 8-16 of the earlier 1954 Hague Convention.Bilateral agreements or multilateral treaties determines the procedures for obtaining evidence from foreign countries through international letter rogatory in Turkish law system. There are thirtyfive bilateral agreements between Turkey and other countries containing provisions about international letter rogatory. Besides this agreements Turkey is party to the Hague multilateral conventions, 1954 and 1970 Hague Conventions. If there is no bilateral agreement and multilateral convention between Turkey and the other country concerned, international letter rogatory is governed by the international comity law in principle of reciprocity.Key Words: International letter rogatory, obtaining evidence from foreign countries, 1954 Hague Convention, 1970 Hague Convention, international comity law, principle of reciprocity.

Author

Ali Gümrah Toker

How to Cite

Ali Gümrah Toker (Doctorate thesis). Letters of request in International Private Law, 2011, Dokuz Eylül University.

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