YABANCI MAHKEME KARARLARININ TANINMASI VE TENFİZİNDE KAMU DÜZENİ MÜDAHALESİ

Abstract

The issue of recognition and enforcement of foreign court decisions in Turkish Law is regulated between the 50th and 60th articles of the Law on the Private international law and Procedural Law dated 27.11.2007 and numbered 5718 (MÖHUK). In accordance with these regulations, one of the conditions required for achieving recognition or enforcement of a judgement of a foreign court in Turkey is; “These judgemets shall not manifestly contrary to the Turkish public order.” In our study, firstly the concept of public order in private international law and the scope of this concept will be mentioned, and then a brief information will be given about the criteria which are sought in the recognition and enforcement of foreign court decisions in Turkish private international law. Subsequently, will be focused on the “public order” intervention, which is the subject of our study, and detailed and comparative information will be given on the subject. At this point, the theory of extenuated effect explaining public order intervention and the purpose of this intervention will be included. Within the framework of the prohibition of revision, the boundaries of public order intervention and the limits of discretion of the judge shall be examined in the context of basic and procedural criteria. In the course of these examinations, in addition to the Turkish doctrine, the views of the German doctrine on the subject will be discussed and the theoretical knowledge will be tried to be concretized in the light of Turkish Supreme Court decisions