Mandatory Documents in the Recognition Enforcement Case Supreme Court Decision

COURT OF CASSATION 2. law office

Based on : 2010/15094

Decision : 2011/4618

Date : 15.03.2011

RECOGNITION OF A FOREIGN COURT DIVORCE DECISION (Mandatory Documents to be Attached to the Lawsuit Petition)
ENFORCEMENT OF A FOREIGN COURT DIVORCE DECISION (Mandatory Documents to be Attached)

2675 Tu.Ca.37

The petition containing the request for the enforcement of the decree of divorce of a Foreign Court must be accompanied by the original and approved translation of the Decree of the foreign court, duly approved by the authorities of that country, as well as the translation of the letter or document confirming the finalization of the decree and duly approved by the authorities of that country.

CASE AND DECISION

At the end of the reasoning of the case between the parties, the Deconstruction of the provision given by the local court and shown in the date number above for the benefit of the law was requested by the Public Prosecutor’s Office of the Supreme Court upon the request of the Ministry of Justice, the documents were read and discussed as necessary and considered.

COURT OF CASSATION 2. DECISION OF THE LEGAL DEPARTMENT

In the case filed by the deputy plaintiff, it is understood that the decision to enforce the divorce decision No. 6F 366/04 S dated 8/9/2005 of the Magistrate Court of Germany-Alfeld (Lein) was requested, as a result of the trial by the court, the case was decided to be accepted, and the decision was finalized without appeal.

The Law No. 2675 on Private International Law and Procedural Law in force at the date of its provision is Article 37. According to this provision, although it is mandatory to attach the translation of the foreign court’s decision approved by the authorities of that country and approved by the authorities of that country with a duly approved article or document to the petition, it was also not found correct to be content with a COPY by not complying with these considerations.

Result

427/6 of the Code of Civil Procedure of the Prosecutor General’s Office of the Supreme Court. based on the article of the law on the adoption of a request to overturn for the benefit of the described reason, it was unanimously decided that the provision would not affect the outcome ( DETERIORATION ) of the decision.

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