Recognition and Enforcement of a Foreign Judgment
An applıcatıon of the artıcle 54 (c) of the Code of Internatıonal Prıvate and Cıvıl Procedure No: 5718 (MÖHUK): “Publıc polıcy concern”
Does a recognition and enforcement of a foreign judgment that is not containing any ground for the decision concluded violate public policy provision of article 54 (c) of the Code 5718?
In respect of application of the article 54 (c) of the Code of International Private and Civil Procedure No: 5718 (MÖHUK) which provides a ‘public policy compliance’ requirement for a foreign judgment in order to be recognized and enforced, there have been two different approaches of different circuits of the Court of Appeals. One of these approaches was the rejection of an inquiry for recognition and enforcement of a foreign judgment, if the said judgment did not contain grounds for the decision reached, based on the argument that such judgment without grounds would be violating the Turkish public policy as per the article of 54 (c) of the Code 5718. Whereas according to the second approach, which was contrary to the first one, any foreign judgment that bears all the features which are required by the relevant articles of the Code 5718 shall be recognized and enforced whether or not it contains grounds. According to the later approach lack of a ground in a foreign judgment could not considered to be a violation of public policy compliance requirement of the article 54 (c).
This conflict between the decisions of these two circuits of the Court of Appeals was resolved by the decision (no: 2012/1) of the General Assembly of the Court of Cassation on 10.02.2012 in a case numbered 2010/1. Here below a summary of the foregoing decision:
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