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Turkish private international law on matrimonial property and successions. Zeynep Derya TARMAN Koç Üniversitesi Hukuk Fakültesi ztarman @ ku .edu.tr. Legal Issues. When do Turkish courts have jurisdiction on matrimonial property and successions with a foreign element?
Zeynep Derya TARMAN
Koç Üniversitesi Hukuk Fakültesi
The Turkish PIL Code 2007, consisting of 66 articles, governs three main issues:
Turkish PIL Code has two main parts:
The general competent court is the legal domicileof the defendant.
In divorce and separation cases, in addition to the court at the place of the plaintiff’s domicile, the court at the spouses common habitual residence for the last 6 months before the trial has jurisdiction.
(1) Suits relating to the personal status of Turkish nationals shall be heard before the court having local jurisdiction in Turkey, provided that these suits have not been or may not be brought before the courts of a foreign country, if there is no court having local jurisdiction in Turkey, before the court where the person concerned is resident, if he/she is not resident in Turkey, before the court of last domicile in Turkey and if there is no court of last domicile, before one of the courts in Ankara, İstanbul or İzmir.
(1) Suits relating to inheritance shall be heard at the court of last domicile in Turkey of the deceased, and at the court where the property belonging to the estate is situated if the last domicile was not in Turkey.
If a foreign real person or a legal entity files a
lawsuit or join a lawsuit, that real person or the
legal entity should give security in order to cover
the damages that the other party might suffer and
to cover the litigation costs.
1954 CONVENTION ON CIVIL PROCEDURE Art. 17 (Belgium and Turkey are party to)
Assuming Turkish courts have jurisdiction, which law will be applicable?
(1) The spouses may explicitly choose the law of either one of their habitual residences or their national laws at the time of marriage regarding matrimonial property; where no such choice has been made, the common national law of the spouses at the time of marriage, where there is no such law, the law of common habitual residence, and where there is no such law either, Turkish law shall apply.
(2) In the liquidation of property, the law of the country where the immovable property is situated shall apply.
(3) The spouses who acquire a new common national law after marriage may be subject to this new law without prejudice to the prior rights of third parties.
-a seperate choice of law agreement or a clause in the marriage contract
-no formal requirement for choice of law agreement
b) for persons with more than one nationality, Turkish law, if they also have Turkish nationality,
(1) Inheritance shall be governed by the national law of the deceased. Turkish law shall be applicable regarding immovable property situated in Turkey.
(2) Provisions pertaining to the grounds for the opening of the succession, to its acquisition and partition shall be governed by the law of the country of estate.
(3) Estate in Turkey without any heirs shall belong to the State.
(4) The provision of article 7 shall apply to the form of testamentary dispositions. Testamentary dispositions made pursuant to the national law of the deceased shall also be valid.
(5) Testamentary capacity shall be governed by the national law of the person making the disposition at the time of such disposition.
Article 20(2) provides that the law of the country where the succession is opened, governs
What if one of the parties receives a decision from the court in Belgium, will it be enforced in Turkey?
It is only possible to enforce foreign court
decisions regarding claims pertaining to substantial law which have become final. Therefore, decisions of temporary relief and provisional seizure which are of a temporary nature may not be enforced in Turkey
(1) The acceptance of a foreign court judgment as conclusive evidence or as a final judgment shall be subject to the confirmation by the court that the foreign judgment fulfills the conditions for enforcement. Regarding recognition, subparagraph (a) of the first paragraph of article 54 shall not apply.