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Acceptance and registration of foreign divorcement decision in accordance with the Turkish law

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2019
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Abstract (EN)

In every stage of history, people have performed marriages according to their region, period and religion. Although the parties wished the marriage to be eternal, it was sometimes necessary for the parties to terminate the marriage, for the reasons coming from both the society and their families. The divorce, which is as natural as the marriage, is a process that terminates the marriage. However, for a long time, it was discussed how the divorce will take place, and whether the divorce will take place. In Turkish law, divorce can be got only for the reasons foreseen in the law and only by the decision of the judge. Under these circumstances, the immigration from Turkey to abroad, especially to European countries starting in the years 1950-1960, the fact that the following generations continue to live in such foreign countries and in particular, their divorce matters had been significant issues in terms of the consequences that they would have in Turkish law. The Turks living abroad have made marriage in Turkey or abroad, but due to certain reasons are divorced in a foreign country. In case of divorce of the parties in a foreign country, this decision can show its effects in Turkey by being recognized according to the International Private Law and Procedural Law Act .Pursuant to the said law, only divorce decisions made by the foreign state judicial authority were allowed to be recognized.

Author

Sezen Gürhan

How to Cite

Sezen Gürhan (Master Thesis). Acceptance and registration of foreign divorcement decision in accordance with the Turkish law, 2019, Çankaya University.

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