As a rule, court decisions are only valid in the countries where the decision was made. Therefore, no state
does not allow other state organs to interfere and participate in these activities of their own organs.
Court decisions have two consequences, they are conclusive evidence and final judgment. In addition to the effect of conclusive evidence and final judgment, some court decisions also have enforcement capability. As a result of states’ thoughts on their sovereignty, court decisions cannot exert their effect in another country. In this context, the executive bodies in any other country cannot be directly acted upon, or the decision cannot be taken into account by the courts of that country, based on the decision taken by a particular state court.
The fact that a foreign court decision has effect and effect outside the country where this decision was made depends on the recognition or enforcement of the relevant decision. As a rule, recognition and enforcement can be carried out by a separate lawsuit to be filed. Which of the recognition or enforcement cases will be opened is determined according to the content of the decision that is desired to have an effect. If there is a situation in the content of the foreign court decision that requires an application to the enforcement office, the lawsuit to be filed will be an enforcement action. However, if the decision does not have such a quality, the case that should be filed is the recognition case.
As we mentioned at the beginning of our study, the states determine the conditions required for the recognition or enforcement of a foreign court decision and for the recognition and enforcement requests to be accepted by the rules they will regulate in their own domestic laws. But because of international courtesies and the benefits to the granting state of allowing recognition and enforcement, nearly all states of the world today allow recognition or enforcement. However, this situation does not change the fact that the terms of recognition and enforcement are determined by each state as a rule. Under this title, we will talk about the conditions of enforcement in Turkish law.
If it is necessary to examine these conditions in terms of substance and form;
According to article 50 of private international law, the prerequisites for an enforcement decision are as follows:
1- Having a decision issued by a foreign court
2-The foreign court decision is related to civil cases
3- The decision is finalized
the basis for granting the enforcement request.
Conditions related to International Private Law m. Edited in 58. These:
1-Existence of reciprocity between the place where the judgment was made and Turkey (This condition is not sought in recognition)
2- The verdict is given on a subject that does not fall under the exclusive jurisdiction of the Turkish courts or, provided that the defendant objects, the verdict has not been given by a state court that has authorized it, although it has no real relationship with the subject of the case or the parties.
3- The provision is not clearly contrary to public order
4-The decision was made in compliance with the defense rights of the defendant.
Turkish courts can only examine whether there are conditions for enforcement in the enforcement case of foreign court decisions. The accuracy of the procedure applied in the foreign court decision or the substantive legal determinations cannot be examined in Turkish courts. This is called a revision ban. When enforcement cases are filed in Turkish courts, if the conditions are met, the judge has to give an enforcement decision. The judge has no discretion in this matter.
