Revista da EMERJ - V. 22 - N.3 - Setembro/Dezembro - 2020

 R. EMERJ, Rio de Janeiro, v. 22, n. 3, p. 9-68, Setembro-Dezembro. 2020  10 1.SOURCES OF TURKISH PRIVATE INTERNATIONAL LAW The first Turkish legislative act of private international law with reference to the recognition and enforcement of foreign judgments was “the Law of Obligations of Aliens in the Ottoman State” 1 (Memaliki Osmaniyede Bulunan Ecnebilerin Hukuk ve Vezaıfi Hakkında Kanunu) of 23 February 1330 (1914), a remnant of the Ottoman Empire which was maintained for decades in the legislation of the modern Turkish State. This law was enacted by the Sultan Mehmed E’s government after the Ottoman occupa- tion shortly after the end of the Second Balkan War and for the facilitation of foreign nationals who had settled or then settled in the cities of the Empire 2 . This law became obsolete after the adoption of the Turkish Code of Civil Procedure and was aboli- shed definitively in 1982 3 . After the introduction of the first Turkish Code of Civil Procedure (Hukuk Usulü Muhakemeleri Kanunu/HUMK) of 18.08.1927, the recognition and enforcement of foreign judgments was governed by the provisions of articles 537-545 of the Code. It should be noted that these provisions significantly restricted the possibility of recognition and enforcement of judgments, with a more prominent example of the complete exclusion of foreign decisions on family law (art. 540 par. 4) 4 . The first legislative act of purely private international law of the modern Turkish State was the first Code of Private Interna- tional Law and Procedural Law (MÖHUK) of 20.05.1982 5 , which included a specific chapter on the recognition and enforcement of both foreign judgments (articles 34 to 42) and-for the first ti- me-foreign arbitration (articles 43 to 45). The introduction of the new Turkish Civil Code in 2001 led to the appointment of a pre- paratory Committee for the drafting of a new Code of Private 1 The present work is updated until October 2018. 2 A. ÇELIKEL, Milletlerarası Özel Hukuku, Beta Kitabevi, İstanbul 2010, pp. 42ss. 3 A. ÇELİKEL, B.B. ERDEM, Private international law, İstanbul 2016. 4 A. SAKMAR, Yabancı İlâmların Türkiye'deki Sonuçları, İstanbul Üniversitesi Hukuk Fakültesi, Fakülte- ler Matbaası, İstanbul 1982, pp. 82ss. 5 T. ANSAY, E. SCHNEIDER, The new private international law of Turkey, in Netherlands International Law Review, 1990, pp. 142ss.