International jurisdiction in Turkish international civil procedure law

To hear a case containing a foreign element, Turkish courts should have international jurisdiction which is determined by the Turkish Act on Private International Law and International Civil Procedure (numbered 5718) under the articles 40 to 46. under the article 40 of the above mentioned Act, the general rule on international jurisdiction is enacted. According to this article, the international jurisdiction of the Turkish courts will be determined in accordance with the jurisdiction rules of the domestic law. On the other hand, the articles 41 to 46 include the special rules on the international jurisdiction. By means of these rules, the international jurisdiction of the Turkish courts is determined in disputes relating to; personal status of Turkish citizens, personal status of foreigners, inheritance, employment contracts and employment relations, consumer contracts and insurance contracts. However, the rules in the international conventions ratified by Turkey have priority. On the other hand, the important roles played by "exorbitant jurisdiction" and "exclusive jurisdiction" in the process of determining the international jurisdiction and the discussions on their meanings should be also emphasized.