Master'sOpen Access

Jurisdiction of the foreign court in recognition and enforcement proceedings

2013
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Advisor: Doç. Dr. Hatice Özdemir Kocasakal

Abstract (EN)

Although the conditions of recognition or execution are handled differently by each state law, ?competency of the foreign court which gives the decision? is a generally accepted condition of recognition and enforcement. Even though different criteria are adopted in various law system with regards to the inspection of the competence of the foreign court, the court's (enforcement court), in which the enforcement of the foreign decisions is requested, being the exclusive competent takes part as an obstacle of the enforcement almost in all law systems. Exclusive competency generally states the acceptance of resolving the disputes of a state on several issues within its own courts and not recognizing the competency of the foreign courts on this matter. As a result of this, states do not recognize the effects of decisions given by foreign courts within the boundaries of their state for the subjects on which their own courts has exclusive competency. There are different methods about which rules to be based on the authority of the foreign court on the recognition and enforcement cases apart from the incidents of exclusive competency. Final purpose of these methods is to inspect the existence of a real connection between the court which gives the decision and the subject of the case and the parties. If there is not a real case between subject of the case and the parties and the court which gives the decisions, event of ?excessive jurisdiction? occurs.

Author

Dr. Begüm Şermet

How to Cite

Begüm Şermet (Master Thesis). Jurisdiction of the foreign court in recognition and enforcement proceedings, 2013, Galatasaray University.

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