Tenfize Ilişkin Üç Soru: Tenfize Konu Yabancı Ilâmın Hukuk Devletinden Sadır Olması Gerekir Mi? Arabuluculuk Neticesinde Yapılan Sulh Anlaşması Tenfiz Edilebilir Mi? Yabancı Mahkemeden Sadır Ödeme Emri Kararı Tenfiz Edilebilir Mi?

Abstract

<span style="color: rgb(0, 0, 0);">Under MOHUK, the conditions required for the enforcement of a foreign court in Turkish law do not include the requirement that the decision be loyal to the rule of law. Whereas, if a foreign judgement infringes on the principle of rule of law of the state, then the enforcement request will be rejected due to the application of public policy. The Court should be considered as a part of rule of law principle. Although, Turkish Private International Law (PIL) Act no 5718 article 50 considers only foreign court decisions for enforcement, the definition of a court is not regulated in this Act whereas it plays an important role for consideration. The process of a foreign court judgement seeking enforcement in Turkish law should not infringe the right to fair trial and also the fundamental principles of Turkish procedural law. For that reason, the judgment process of the foreign court should also be conform to the principle of rule of law . In this study, the recognition and enforcement of decisions rendered by a mediator is also examined from the point of ending the conflict between parts as final. Additionally, foreign payment orders are discussed in a perspective whether they were being as a court decision and also whether they were considered as an award or not.</span>