Abstract:

The purpose of this study is to determine the international jurisdiction of the courts in the matters of divorce, legal separation, marriage annulment as well as rights of custody that contain element/s of foreignness, which is one of the most important issues of the international family law. In that sense, first of all Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 will be analyzed. According to the Regulation, it shall apply in civil matters concerning divorce, legal separation or marriage annulment as well as the attribution, exercise, delegation, restriction or termination of parental responsibility, whatever the nature of the court or tribunal in the member states of the European Union . Secondly, the issue will be examined in Turkish private international law. If lawsuits concerning the personal status of Turkish citizens, the international jurisdiction of the Turkish Courts shall be determined according to Article 41 of the Code of Turkish Private International Law and Procedural Law. In other circumtances, according to Article 40 of the Code of Turkish Private International Law and Procedural Law, the international jurisdiction of the Turkish courts concerning divorce, legal separation, marriage annulment that contain element/s shall be determined according to the relevant articles of Code of Civil Procedure and Turkish Civil Code. However, the cases concerning rights of custody, the international jurisdiction of the Turkish Courts shall be determined with the Convention of 5 October 1961 Concerning The Powers of The Authorities and The Law Applicable in Respect of the Protection of Infants

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