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

15  R. EMERJ, Rio de Janeiro, v. 22, n. 3, p. 9-68, Setembro-Dezembro. 2020  der the law of the place where they were issued, as these are not judicial decisions as explicitly required by law 22 . It goes without saying that Turkish Code of Private International and Procedural Law is not the subject or recognition and enforcement within the meaning of that law of foreign notarial documents and adminis- trative acts of foreign authorities 23 . As regards the notion of “Court” (mahkeme), it has been held that the authority which issued the judgment to be recogni- zed must be recognized as a judicial or even a decision to bring legal effects similar to a judgment under the law of that State and, at the same time, as such and by Turkish law 24 . Thus, e.g. a divorce decree issued by the City of Copenhagen can not be recognized as it is not a body that meets the characteristics of a judicial authority 25 . A special exception, however, provides for art. 30 par. 2 of the “registry services act” (Nüfus Hizmetleri Kanunu) 26 which expressly defines the recognition and enforce- ment of adoption decision issued by foreign administrative bo- dies 27 provided that they are final or produce definitive results in accordance with the domestic law of the State 28 . It has also been ruled that divorce diplomatic missions or consular orders, as well as notarial deeds of marriage, do not fall within the scope of art. 50 29 . In contrast, to cases of marriage annulment under Muslim law with a unilateral declaration of husband to husband (3 times talak) 30 , it has been held that since a foreign Court has issued a decree recognizing the marriage ter- 22 C. ŞANLI, Uluslararası Ticari Akitlerin Hazırlanması ve Uyuşmazlıkların Çözüm Yolları, op. cit. pp. 226ss. 23 S. ERTAŞ, Yabancı Ilamları Tanınması ve Tenfizi, in Dokuz Eylül Üniversitesi Hukuk Fakültesi Dergisi, 1987, pp. 282-283 24 E. NOMER, Devletler Hususi Hukuku, op. cit., pp. 363ss 25 Y. 2 HD, 13.04.1995 E.3612/K.4567 (Kazancı Hukuk Otomasyonu) 26 Law number nr. 5490 of 25-4-2006 27 See also the 29 April 2017, Article 27/A which has been added to Law on Civil Registry Services by Statutory Decree No: 690 issued under the State of Emergency. The Article regulates registration of divorce judgments produced by foreign judicial or administrative authorities to relevant civil registries. 28 E. NOMER, Devletler Hususi Hukuku, op. cit., pp. 503ss 29 A.C. RUHİ, Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun, Seçkin Yayınleri, İstanbul 2009, pp. 126, see also: Υ. 2. HD 12.07.2002 E.8254/K.9339. 30 R.W. HEFNER, Shari’a politics: Islamic law and society in the modern world, Indiana University Press, 2011, pp. 146ss.