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

51  R. EMERJ, Rio de Janeiro, v. 22, n. 3, p. 9-68, Setembro-Dezembro. 2020  Lastly, in relation to the recognition of decisions of voluntary jurisdiction, art. 58 par. 2 reiterates that the same provisions apply to their recognition. It is, however, worth mentioning the case of these decisions, which have a formal resolutive but not essential, such as, for example, the decision to issue a certificate (mirasçilik belgesi), which is externally in the form of a judicial decision and therefore ends after the prescribed period has expired, but has no effective judicial resonance in the sense that the content of the cer- tificate can be modified at any time subsequent decision 201 . In such cases, the Turkish Courts have refused to recognize these judg- ments because of the absence of the element of the substantive res judicata of the decision 202 , but the foreign decision can not be excluded as evidence of the person concerned for the request for the issue of a certificate by the competent Turkish Court 203 . 15.SPECIAL PROCEDURES FOR THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENT IN MULTILATE- RAL INTERNATIONAL CONVENTIONS Except of articles 50 to 59 of Turkish Code of Private Inter- national and Procedural Law, the recognition and enforcement of judgments relating to certain matters, in particular family law, are governed by more specific international treaties, of which Turkey is a contracting party. These provisions override the com- mon law, under art. 90 of Turkish Constitution, as amended in 2004, and of course only concerns decisions taken by a State par- ty to the Convention. In the Hague Convention on “the Protection of Children and Cooperation in Transnational Adoption” of 1993 204 , art. 24 states that after the completion of the procedure between the Central Authorities provided for in the Convention, the com- 201 A. ÇELIKEL, Milletlerarası Özel Hukuku, Beta Kitabevi, op. cit., pp. 642ss. 202 Υ. 2. ΗD 10.02.1986, E. 86/K. 802-Υ. 2. ΗD 11.06.1990, E. 12861/K. 5906-Υ. HGK 28.12.1994, E. 2-625/K. 905 (Kazancı Hukuk Otomasyonu). 203 A. SAKMAR, Yabancı İlâmların Türkiye’deki Sonuçları, op. cit., pp. 50ss. 204 “Convention du 29 mai 1993 sur la protection des enfants et la coopération en matière d’adoption internationale” which has been ratified by the Turkish National Assembly and came into force on 1.9.2004, and was recently ratified by Greece under law 3765/2009.