Recognition of foreign uncontested judgments in Turkish law

Civil procedure is basically divided into two as contested and uncontested litigation. Although uncontested claims are resolved by courts, they have different characteristics than those of contested claims. Most importantly, although uncontested claims require litigation, they are not a case. In many states, these two types of litigation are regulated in different laws; or if in the same law there are different provisions for each. In our law, there was not a general regulation relating to uncontested litigation, therefore, uncontested claims were treated as contested claims and they were forced to fit in the rules of contested litigation. However, the new Civil Procedure Law provides for procedural rules concerning uncontested claims. The problems arising in practice are aimed to be removed with this Law.One of the important discussions about uncontested judgments is whether they have the effect of res judicata. In the first part of this study, the general characteristics and development of uncontested judgments are explained and the final and binding character of them is discussed. The main discussion of this study is that the substantial final and binding character of judgments is foreign to uncontested judgments. The uncontested judgments need to be recognized in Turkey in order to have any effect in Turkey. One of the most important prerequisites of recognition is that the foreign judgment has a final and binding character. As uncontested judgments have a formal final and binding character, such foreign judgments which meet the other conditions of recognition will have an effect in Turkey.