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  12 2.RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS According to the theory of Turkish law, foreign judgments that have either not been recognized or do not qualify for re- cognition, do not in themselves produce res judicata within the country. This principle is an expression of the independence of the domestic judicial authorities, so that no foreign decision can either be res judicata or can be enforced in the country without the intervention of the Turkish Courts. Thus, recognition of a foreign Court’s judgment means applying its res judicata also within Turkey. The boundaries of res judicata, both objective and subjective, are determined in accordance with the procedural law of the State of the Court which delivered the judgment. Therefo- re, the res judicata of the Turkish Court’s recognition decision can not be wider than that of the recognized foreign judgment 11 . However, if certain legal effects of the foreign decision are recog- nized by the foreign law in question but are not accepted by the Turkish, they can not be included in the recognition decision. As regards the enforcement of foreign judgments, the com- petent Court is not confined to the recognition of foreign res judi- cata but, in addition, declares the enforeceability in Turkey of the voting provisions of the judgment (as long as this is permissible under Turkish law), by ordering all competent bodies of the Re- public of Turkey for their execution. Therefore, for the execution of foreign judgments, additional conditions are required other than the conditions for the recognition 12 . Recognition and enforcement of foreign judgments is cur- rently governed by articles 50 et seq. of the Turkish Code of Pri- vate International Law and Procedural Law. Articles 50-57 des- cribe the procedure for the enforcement of foreign judgments, and articles 58-59 refer to the procedure for the recognition of judgments, by introducing certain specific arrangements, and 11 E. NOMER, Devletler Hususi Hukuku, Beta, İstanbul 2008, pp. 472ss. 12 B. ERDEM, Yabancı Aile Hukuku Mahkeme Kararlarının Tanıma ve Tenfizi ile Avrupa Birliği Brüksel II Tüzüğü, in Uygulamalı Aile Hukuku Sertifika Programı, Medenî Hukuk ve Milletlerarası Özel Hukuk ile İlişkili Güncel Aile Hukuku Meseleleri, ITÜ Yayınarı, İstanbul 2006.