T.C
SUPREME
2nd LAW OFFICE
2002/3736 K. 2002/6539, T. 14.5.2002
Recognition and Enforcement (Divorce of Turkish nationals in foreign courts according to foreign legal rules)
Rules Regarding the Recognition in Turkey of Divorce Decrees Issued by Foreign Courts
Recognition of Divorce Decrees Issued by Foreign Courts (If the parties are. Turkish, the case is dismissed due to the non-application of Turkish law)
The plaintiff’s petition for divorce must not contain any missing information.
Case: It is requested that the case between the above-mentioned parties be examined in accordance with the procedure, together with the date number given by the local courts, and that the appeal be upheld. Despite the date set for the hearing, the parties did not appear in court. All documents in the file have been examined. And investigated, and the case has been resolved.
Decision:
Pursuant to Article 38 of Law No. 2675, the defendant objected. To the lawsuit within the framework of subparagraphs (d) and (e).
According to the population records in the file,. It has been determined that the parties are Turkish citizens. There is no additional information in the documents in the file indicating that the plaintiff is a Dutch citizen. Even if the plaintiff is a Dutch citizen, Turkish law must still be applied. This situation is supported by the law pursuant to Article 4/b of Law No. 2675. The applicable law stipulates that Turkish law prevails with regard to foreign decisions. It is known that the Netherlands is also a party to the Marriage Contract. Accordingly, the request for enforcement cannot be rejected.
Even if Turkish law is applied to the agreement, it is not correct to refuse to grant a divorce. From the perspective of the subject matter of the case, these conditions cannot be determined by the content of the foreign court decision. Therefore, it is not correct to issue a written decision on when the case should be dismissed.
Conclusion:
In accordance with the provisions and based on the reasons explained, it has been decided to dismiss the case and to refund the advance fee paid for the appeal to the payer.