The New Private International Law of Turkey

Netherlands International Law Review, Vol. 37, No. 2, pp. 139-161, 1990

University of Baltimore School of Law Legal Studies Research Paper

25 Pages Posted: 1 Oct 2011

See all articles by Eric C. Schneider

Eric C. Schneider

University of Baltimore - School of Law

Date Written: 1990

Abstract

Turkish private international law is regulated by the Statute Regarding International Private Law and Procedure which was enacted on 20 May 1982 and became effective on 22 November 1982. This law repealed the former Temporary Law on Rights and Duties of Foreigners in Ottoman Lands of 23 February 1330 (1915) (hereinafter ''Temporary Law'), which, although intended as a temporary law when enacted during the Ottoman period, was effective until 1982.

As the title indicates, the new statute regulates the substantive and procedural aspects of Turkish private international law. It has 48 Articles and is divided into two parts. Part 1, Section 1 of the Statute contains general provisions in Articles 1 to 7, and, in Section 2. Articles 8 to 26. conflict of law rules. Part 2, in Articles 27 to 45, is devoted to matters of international procedural law such as the jurisdiction of Turkish courts, and the recognition and enforcement of foreign judgments and arbitration awards. Articles 46 to 48 deal with the repeal of the ''Temporary Law', as well as with the new Statute's effective date and enforcement.

The Statute does not claim complete coverage of international private law matters. When compared to the previous ''Temporary Law' it is rather long and inclusive; but it is not as detailed as, for example, the new Swiss Statute on private international law and it does not cover all the main issues likely to arise, as under the 'Temporary Law' one must look to other provisions of Turkish law for rules relating to some problems. For example, the choice of law rules for negotiable instruments are found in the Commercial Code. Other problems are simply not regulated by the Statute and the Turkish Codes. Solutions to such matters will be developed by court decisions and doctrinal writings.

The provisions of international agreements to which the Turkish Republic is a party are not affected by the new Statute. Turkey is a signatory to a considerable number of international agreements dealing with problems of private international law. Most of these international agreements are of European origin and are already in force in Turkey. Some provisions of these agreements are also applicable to nationals of non-signatory countries. As a result some provisions of the Statute are not applicable at all; others are in effect only against the nationals of those countries which are not signatories of international agreements.

Keywords: private international law, Turkey, Statute Regarding International Private Law and Procedure, international procedural law, jurisdiction of Turkish courts, foreign judgments, arbitration awards, temporary law, choice of law rules, negotiable instruments, Commercial Code, international agreements

JEL Classification: K33, K39, K19, O53

Suggested Citation

Schneider, Eric C., The New Private International Law of Turkey (1990). Netherlands International Law Review, Vol. 37, No. 2, pp. 139-161, 1990, University of Baltimore School of Law Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=1935996

Eric C. Schneider (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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