Revista da EMERJ - V. 22 - N.3 - Setembro/Dezembro - 2020
11 R. EMERJ, Rio de Janeiro, v. 22, n. 3, p. 9-68, Setembro-Dezembro. 2020 International Law and Procedural Law which replaced the first Code in 2007 6 . Thus, the general provisions of Turkish law on the recog- nition and enforcement of foreign judgments and arbitration awards are currently compiled in the Code of Private Interna- tional law and Procedural law (MÖHUK) n. 5718, 27 November 2007, and particularly to articles 50-54 referred to provisions on international jurisdiction and the law applicable to disputes with foreigners 7 . The general provisions of par. 50 et seq. of Turkish Code of Private International and Procedural Law do not apply where there is either a bilateral agreement with the State fromwhich the judgment originates or even a multilateral Convention ratified by that State, of course, if it concerns the subject of the foreign decision. The priority of international conventions against the general provisions of Turkish Code of Private International and Procedural Law stems from the provision in art. 1 par. 2 which states that the provisions of the Code are to be applied without prejudice to the international Conventions to which the Repu- blic of Turkey is a contracting party. Turkey is a party to several International Conventions of the Hague Conference and other Multilateral Conventions 8 and has also concluded 24 Bilateral Conventions 9 , mainly with Arab States, with Eastern European States as well as with Turkish-speaking former Soviet Republics of Central Asia. However, Turkey has not concluded a bilateral convention with Greece and Cyprus 10 . 6 A. EVIN, G. DENTON, Turkey and the European Community, Laske Verlag, 2012, pp. 92ss. 7 T. ANSAY, D. WALLACE, Introduction to Turkish law, Kluwer Law International, 2011. 8 Turkey is also a party to the following Conventions:Convention on Recognition and Enforcement of Deci- sions concerning the Matrimonial Bond dated 1975; Convention on Recognition and Enforcement of Deci- sions concerning Maintenance Allowance Obligations Towards Children dated 1958; Convention on Recog- nition and Enforcement of Decisions concerning Maintenance Allowance Obligations dated 1973; European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restora- tion of Custody of Children dated 1980. To all these Conventions, de facto reciprocity is also sufficient. 9 Turkey has also entered into bilateral treaties with Albania, Algeria, Austria, Azerbaijan, Bosnia and Her- zegovina, Bulgaria, China, Croatia, Georgia, Iran, Iraq, Italy, Kazakhstan, Kyrgyzstan, Lithuania, Macedo- nia, Moldova, Mongolia, Oman, Poland, Republic of Turkish Northern Cyprus, Romania, Slovakia, Syria, Tajikistan, Tunisia, Turkmenistan, Ukraine and Uzbekistan for the reciprocal recognition and enforcement of foreign judgments and judicial assistance in respect of commercial and civil matters 10 E. NOMER, Devletler Hususi Hukuku (Private international law), Istanbul: Beta 2013, pp. 438ss.
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