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  14 that must stem from private law relations 15 . As a result, it has been argued that even the decision of a foreign administrative Court that obliges a company to pay compensation for breach of a contractual obligation can be recognized and enforced in Turkey 16 . On the contrary, as a purely administrative, it has been judged by Turkish case law, decisions of administrative Courts dealing with unfair competition (cartels) and labor law cases not related to private claims, such as social security cases 17 . The judgment on whether or not it is a matter of private law it is up to the Turkish Court having jurisdiction to rule on enforceability, and this is considered to be in accordance with Turkish law 18 , and this judgment is mandatory for the Court and is made of its own motion when seeking recognition and enfor- cement of a foreign decision. It is also self-evident that the subject of recognition and en- forcement can not be the subject of a foreign Court ruling on the recognition and enforcement of a judicial or arbitration award by a third State 19 . It also does not mean recognition of a foreign decision that by its very nature can not be recognized, such as the decision of a foreign Court declaring bankruptcy. On the other hand, it is acceptable to recognize (but not to execute) the deci- sion of the foreign Court which rejects the plaintiff’s claim, as it establishes the non-existence of the claim against the defendant 20 . It has also been ruled that the foreign judgment can not be enforced after the expiry of the limitation period, which is determined by the law of the State in which the judgment was delivered and therefore not apply to the 10-year period prescri- bed by Turkish law 21 . Also, foreign orders for payment may not be executed, even if they have become final and enforceable un- 15 G.TEKINALP, E. NOMER, A. ODMAN BOZTOSUN, Private international law in Turkey, Wolters Kluwer, 2012. 16 A. ÇELIKEL, Milletlerarası Özel Hukuku, Beta Kitabevi, İstanbul 2010, pp. 42ss 17 E. NOMER, Devletler Hususi Hukuku, Beta, İstanbul 2008, pp. 472ss 18 E. NOMER, Devletler Hususi Hukuku, op. cit., pp. 476ss. 19 E. NOMER, Devletler Hususi Hukuku, op. cit., pp. 478ss. 20 E. NOMER, Devletler Hususi Hukuku, op. cit., pp. 484ss. 21C. ŞANLI,UluslararasıTicariAkitlerinHazırlanmasıveUyuşmazlıklarınÇözümYolları,Beta, İstanbul,2011,pp.224ss.