The aim of this article is to analyze some procedural issues in recognition and enforcement of foreign judgments. These procedural issues are fees, burden of proof, burden of evidence, evidences and qualification of the dispute in the origin court in recognition and enforcement proceeding in Turkey. Although there is a provision in the Fees Act (Law No: 492, article 4) that the foreign judgment creditor should pay the official fees schedules identifying amount of the debt, The Court of Appeal decided that the foreign judgment creditor should pay the fixed official fees for recognition and enforcement claims. In this article, we also analyzed the burden of proof for requirements of recognition and enforcement of foreign judgments. According to some decisions of The Court of Appeal, the recognition judge can only consider foreign decision but cannot to consider other evidences for requirements of recognition and enforcement of foreign judgments. Furthermore because of the prohibition of “revision au fond” the recognition judge is bound by qualification of dispute in the rendering court for determining of requirements of recognition and enforcement of foreign judgments. These decisions are also analyzed in this article
the aim of this article is to analyze some procedural issues in recognition and enforcement of foreign life these procedural issues are fee burden of pruf burden of evidences and settlement of the disputes in the origin court in recognition and enforcement proceeding in turkey althugh there is a provision in the fee act law no 492 article 4 that the foreign life creditor shuld pay the official fees schedules identification amount of the debt the court of appealing that the foreign life creditor shuld interest in the amendments to the decision of the decision of the decision of the decision of the decision of the decision of the foreign exchange of the decision to the decision of the decision of the decision of the decision of the decision of foreign exchange of the decision of the decision of the decision of the decision of the decision of the decision of the decision of the decision of the decision of the decision of the decision of the decision of foreign exchange of the decision of foreign exchange of the decision of the decision of the decision of the decision of the decision of foreign exchange of the decision of the decision of the decision of the decision of the decision of the decision of the decision of the decision of the decision of the decision of foreign exchange of the decision of the decision of
Field : Hukuk
Journal Type : Uluslararası
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