Recognition and Enforcement of Foreign Judgments Lacking Reasons under Turkish Law

Assoc. Prof. Dr. Hatice Selin Pürselim*; Res. Asst. Can Yöney**

This paper, published in the June 2022 (42-1) issue of the Public and Private International Law Bulletin, studies one of the most debated issues in Turkish private international law, the recognition and enforcement of foreign judgments lacking reasons. As the summary proceedings available in certain legal systems make it possible for courts to decide a case without providing the underlying reasoning for its decision, Turkish courts may from time to time have to deal with requests for recognition or enforcement of judgments arising out of such proceedings. As the decisions rendered by local courts and different chambers of the Court of Cassation in such cases contradict each other, The Court of Cassation rendered a Decision on the Unification of Judgments in 2012 to eliminate the contradictory case law. However, this decision also attracted criticism among scholars and failed to resolve the discussions. Considering the decisions of the French and Swiss national courts, the European Court of Human Rights, and the European Court of Justice, this paper argues that it would be incorrect to follow a categorical approach, and that it would be more appropriate to examine the issue on a case-by-case basis.

For the full text of this post in Turkish, please click here.

Key words: International civil procedure law, recognition and enforcement of foreign court judgments, judgments lacking reasons, public policy, prohibition of the révision au fond

* Marmara University Law School, Department of Private International Law.

** Marmara University Law School, Department of Private International Law.