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  18 In addition, provisions facilitating the recognition of fo- reign judgments also exist in multilateral Conventions to whi- ch Turkey is a contracting party. Thus, for example, the “Hague Convention of 15 April” depends on the appeal, which is cha- racterized by the Turkish theory as a “tactical” appeal. On the contrary, the “extraordinary” appeal (yargılamanın yenilmesi) 41 attacks the final judgments when there is a reason for rejoinder. For more information on the finality of the Turkish procedural law of 1958 42 on the recognition and enforcement of judgments concerning child-raising obligations 43 art. 2 par. 3 provides for the recognition of provisional enforcement orders or judgments ordering interim measures related to child nutrition even if legal remedies are pending 44 . However, such interim measures may not be enforced in the other State unless the law of the State in which enforcement is sought provides for the execution of such interim measures 45 . Termination or selectivity under the law of the State in whi- ch the decision was made must be expressly stated in an official document produced by the person concerned to the competent Court (art. 53 par. 2) 46 . on the Recognition and Enforcement of Judgments in Civil and Commercial Matters” ratified by the Turkish National Assembly on 17.7.1984 and article 19 par. 4 of the “Convention between the Republic of Turkey and the Kingdom of Italy on judicial protection, mutual assistance of judicial authorities in civil and criminal matters and the enforcement of judgments”, ratified by the Turkish National Assembly on 16 February 1929. 41 J. BASEDOW, G. RÜHL, F. FERRARI, P. DE MIGUEL ASENSIO, Encyclopedia of private international law, Edward Elgar Publishing, 2017, pp. 2592ss. 42 A. PEKCANİTEZ, O. ALTAY, M. ÖZKEZ, Medeni Usul Hukuku Temel Bilgiler, Yetkin Hukuk Yayınları, Ankara 2008, pp. 251ss. 43 It was ratified by the Turkish National Assembly on 25.6.1973, but has not been ratified by Greece, see also article 4 of the “Hague Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations”, ratified by Turkey on 22.11.1982 and by Greece on 13.11.2003. 44 The term used in the legislation is “tenfiz karari”, which translates verbatim into greek as “recognition decision”. However, the theory of Turkish private international lawmentions this term in conjunction with the Latin “exequatur”, which in greek translation is “declaration of enforceability”. See in argument: E. NOMER, Devletler Hususi Hukuku, op. cit., pp. 474ss. 45 ΥY HGK E.2011/13-568 K.2012/47 T.08.02.2012 46 H. KRÜGER, F. NOMER-ERTAN, Neues Internationales Privatrecht in der Türkei, in Praxis des Inter- nationalen Privat- und Verfahrensrechts, 2008, pp. 283-290.

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