The res judicata effect of recognised foreign judgments under the turki̇sh private international law act (möhuk)

A foreign court judgment that has been recognised by Turkish courts produces the effect of res judicata (Article 58 of the Turkish Code on Private International Law and Procedural Law – MOHUK). Within the framework defined by Articles 50 to 59 of the MOHUK, this study examines the res judicata effect of recognised foreign court judgments with regard to its consequences, scope, and the moment at which it arises. In this context, the res judicata effect of foreign court judgments recognised in Turkey is analysed in terms of its negative and positive effects. Additionally, the issue of the law applicable to the scope of the res judicata effect of recognised foreign court judgments is addressed. This study primarily examines the meaning of Article 59 of the MOHUK and its scope of application before the Court of Cassation. In this context, the study addresses the issue of the applicability of Article 59 of the MOHUK to the commencement of the statute of limitations period for claims for payment based on a divorce decision issued by a foreign court and brought before Turkish courts. An examination of the Supreme Court's case law reveals that, in some periods, different practices were adopted by various chambers of the court, while in other periods, different decisions were rendered by the same chamber. Considering the purpose and function of the statute of limitations provisions, this study attempts to propose a solution to this important issue within the existing legal framework.