An analysis of public policy intervention in the recognition and enforcement of Foreign Family Law judgments under Turkish Private International Law

Date

2012

Authors

Canyaş, A. B.

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Source Title

International Journal of Humanities and Social Science

Print ISSN

2220-8488

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Publisher

Centre for Promoting Ideas

Volume

2

Issue

17

Pages

118 - 128

Language

English

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Abstract

Respecting the judgments of other states and implementing the requirements of such judgments to the highest degree in the domestic area serves the general interests of international society. In Turkish law, one of the most important interventions which may set aside these interests is Turkish public policy. When it has been concluded that enforcement of a foreign family law judgment is contrary to domestic public policy, its enforcement is to be refused. Revealing when public policy intervention should occur and determining the criteria which require such an intervention are the main purposes of this paper. In this framework, it has been concluded limited and constant public policy intervention contributes to international family law. Another major conclusion is that the Turkish Supreme Court should amend its tendency to stipulate that certain subjects are directly linked to public policy.

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