Revista da EMERJ - V. 22 - N.3 - Setembro/Dezembro - 2020
13 R. EMERJ, Rio de Janeiro, v. 22, n. 3, p. 9-68, Setembro-Dezembro. 2020 by referring to the previous articles on enforcement, and finally articles 60-64 are devoted to the recognition and enforcement of foreign arbitration decisions 13 . The general and specific conditions for the enforcement of foreign judgments, which for the most part also apply to the re- cognition procedure, apart from the exceptions introduced by art. 58. For this reason, in several cases, reference will also be made to recognition issues of those judgments, in particular in matters of finality or public order. For more specific arrangements in ac- cordance with the first paragraph of art. 50: Judgments of foreign Courts in civil cases which have become final under the law of the State in order to be enforceable in Turkey require a decision of enforceability to be applied by the competent Turkish Court 14 . The three basic conditions set out in that provision are a) to be a judgment given by a foreign Court in civil matters; b) has become final in accordance with the law of the issuing State; and c) declare its enforceability by a relevant decision of the compe- tent Turkish Court. The first condition refers to the type of decision that can be identified. The reference to “civil cases” (hukuk davalarina iliskin) until recently has led to the interpretation that the provi- sion concerns only judgments handed down by civil Courts, thus ruling out criminal or administrative Court rulings. An exception is, in accordance with art. 50 par. 2, criminal convictions of foreign Courts which contain provisions on civil rights (kişisel haklarla ilgili hükümler). These are the cases of cri- minal judgments handed down on private law requirements, in judgments of criminal Courts in labor law cases. This special rule of law has led to a new interpretation of art. 50, which has now been fully endorsed by Turkish theory, according to which, as a condition for the application of article 50, the type of Court whi- ch delivered the judgment is not examined, but a type of dispute 13 T. ANSAY, J. BASEDOW, Structures of civil and procedural law in South Eastern European countries, Berliner Wissenschafts Verlag, 2011, pp. 62ss. 14 A. ÇELIKEL, B. ERDEM, Milletlerarası Özel Hukuk, Istanbul: Beta 2012, pp. 507ss.
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