Key Benefits:
PRIVATE LAW AND PROCEDURAL LAW
ABOUT LAW
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Kanun No. 5718 |
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Acceptable Date: 27/11/2007 |
PART OF THE REGION
MilletlerarsPrivate Law
SECTION OF THE REGION SECTION
General Provisions
Scope
MADDE 1- (1) Wildlings The law, which is to be applied in the process of special law, is to be applied in the relations, the nationalities of the Turkish courts, the recognition of foreign decisions, and the tenfism is organized with this Law.
(2) provisions of the Republic of Turkey party to which the Republic is party It is saved.
Do not apply to foreign law
MADDE 2- (1) Hashkim, Turk The laws of law apply to the laws of the law and the foreign law that is authorized according to these rules. The judge may ask for the parties ' assistance in the identification of the authorized foreign law.
(2) Foreigners are involved in all investigations of the incident. In the case of failure to be identified, Turkish law is applied.
(3) The laws of law of foreign law to be applied to a rule of law The authority of the law only takes into account the law of the law and family law, and the legal provisions of this law apply.
(4) Parties shall be given the opportunity to choose the law The legal provisions of the selected law are enforced as soon as they are made clear.
(5) Law shall be applied to the state two or more regional units and this If the units are also in the jurisdictions, the laws of the state shall be determined by which area law applies. In the absence of a decisive provision in that state law, the most important district law is applied to the conflict.
When Conflicts
MADDE 3- (1) Authorized law It is based on citizen, location, or mutad mesken, as opposed to, as opposed to, a citizen, place of place, or mutad in the history of the case.
Authorized by a policy legal
MADDE 4- (1) The provisions of this Law Unless otherwise stipulate in this Law, the subject of the law, which is in charge of the alert, is determined by the subject of the citizen.
a) The location of the Patriots and refugees is not in place. mutad mesken, and he is absent, the country's law in the history of the case,
b) About those who have more than one state citizen, say these the Turkish law in the same time that they are Turkish citizens,
c) has more than one state citizen, and is also Turkish The state law, which is not a citizen, is more important than those who are not citizens of the country,
is applied.
Public orderaykýrýlýk
MADDE 5- (1) Authorized foreign If the rule of law applies to a particular event in the public order of Turkish public order, this provision does not apply; in the cases where necessary, Turkish law is applied.
An application of the right of Turkish law rules
MADDE 6- (1) Authorized foreign In cases of law enforcement, that rule applies to the extent of the rule of regulation and the extent to which the rules of the Turkish law apply to the application area.
Business in legal action
MADDE 7- (1) Legal uses, It can be done in accordance with the law stipulated by the rule of law, which is entitled to the fundamental right of country law or of that legal action, as well as the legal provisions of the law.
Time-of-Time
MADDE 8- (1) Time-of-law, legal It is the law and the law that is applied to the basis of the law.
REGION OF A REGION
Canoons of Law Rules
License for licenses
MADDE 9- (1) Hak and fil License is the national law of interest.
(2) is a business without a license, according to national law, and the country's office is According to the law, the law is based on the legal action. The provision of family and heritage law and the basic rights of the people in a country in a country is under this provision.
(3) of the nation's national law, as a result of the fact that it is a citizen It does not end with the fact that it does not end.
(4) The rights and verbs of the Legal or business community. Their driver's license is a central law on their status. However, Turkish law can be applied when the center of the commercial administration is in Turkey.
Non-legal entities with no status of(5) Stati Or the license of the commodity communities is the law of the central law of the administrative administration.
The power of the vessel, the power and the SLIPSHIFT
MADDE 10- (1) Vesutation or The reasons for the decision to be made or terminated are the national law of the person who is asked to either give or terminate the decision or termination of the decision.
(2) Custody or resolution of foreign law In Turkey, where it is not possible to be given, Turkish law may be determined or removed, according to Turkish law. Turkish law is also applied in Turkey, where the city is compulsory.
(3) Decision or termination of custody or dislocation It is the subject of all the remaining parts of the world, or of course, of the Turkish law of concern, and the loss of all the reasons.
Gaippity or death count
ARTICLE 11- (1) Gaippity or death The decision to count is the national law of the decision to be decided. According to the national law, if the property of the person who cannot be committed to the decision of gaification or death is not in Turkey or if one of the people or the beneficiary is a Turkish citizen, the Turkish law is made a decision of gaification or death.
Nilülülüzuk
MADDE 12- (1) Do not meet It has a license and a national law on the part of each of the other parties.
(2) The national law, parties to the provisions and consequences of the meeting Turkish law applies if they are citizens of the country.
Marriage and general provisions
MADDE 13- (1) Marvus license And the country's national law in the marriage of each of us is the next.
(2) The country's law is applied to the current state of marriage.
(3) The general provisions of the marriage are relevant to the national law of the people. Turkish law applies if there is no mutad meshed law, not if the parties are in separate citizens.
Bolshandled andayrýlýk
MADDE 14- (1) Boswell and allocated The reason and the provisions of the law are the national law of the people. Turkish law applies if there is no mutad meshed law, not if the parties are in separate citizens.
(2) First-fiver claims about child support in business It's a rule. This conviction applies to the fact that marriage is a pruned.
(3) Problems and issues in the Boston area are also first-fikra It's a matter of judgment.
(4) Turkish law is applied to the requests for temporary measures.
Marriage property
MADDE 15- (1) Marriage property Right now, they can choose to open one of the most important or national law of marriage, the right to marry, to marry, to the right of marriage, to not be able to marry, to marry, to marry, to marry. next to the mutad mesken law, which also Turkish law is applied in case it does not exist.
(2) The country's law in the property of the property, for which they are not.
(3) Emen who have a new law after marriage, third party, third They may be in this new law to hide the rights of the people.
Abstraction
MADDE 16- (1) The establishment of the child's national law in the right to not be formed is the law of the child's legal system. If your mother or father cannot be established according to these laws, your mother or father is not to be formed according to the law of the child and the child and child of the child, and if not, the child is not. It will be established as a place of law in the place of the law.
(2) The cancellation by which law is established is in accordance with that law.
Abstraction
MADDE 17- (1) The provisions of the law are the laws of the law. But if the main, father and child are found to have national law, then the law will be applied to the provisions of the robbed, if not by law, to the provisions of the law.
Inheritanceedinme
MADDE 18- (1) Inheritance The driver's license and the country's national law on the acquisition of each party is a national law.
(2) The national acquisition and acquisition of the product is required They apply together.
(3) The provisions of the adoption of the adoption, the national law of the In order to adopt a marriage together, it is the law that regulates the general provisions of marriage.
Nafaka
MADDE 19- (1) Nalimony requests, The mutad of the alimony credittion is the law of the mutad.
Legacy
MADDE 20- (1) The nationality of the legacy It's a law of law. Turkish law is applied on the non-resuitable rights found in Turkey.
(2) provisions for the opening of the country, economics, and the team is the law of the country in which the term is located.
(3) The heritage site in Turkey remains in the tereke state.
(4) Apply 7 nci provision to death savings. The death savings apply to the death of the nation's national law.
(5) Dead savings license, savings, savings He is the national law in the world.
Same rights
MADDE 21- (1) They are It is the right of the country to have ownership of the property and the rights of the country in which it has been found.
(2) Law on the place of the same rights as the property on which the goods are being made is applied.
(3) The final financial rights property has not yet been made. It is the law of the country in which it is located.
(4) Legal rights to the same legal rights on the non-criminal The country's law is applied in the direction of these goods.
Takuma tools
MADDE 22- (1) Air, sea, and The same rights on the rail vehicles are the country's law of law.
(2) The registration of the same rights in the country, air, and maritime vehicles If there is no place in the marine installation vehicles, the port of fishing is the site of a permit for rail service.
Rights to intellectual property to apply law
MADDE 23- (1) To the intellectual property The rights of the country, under the law of the country, are in law, if they are demanding protection.
(2) The parties are entitled to the right of claims of the intellectual property, After the breach, they can negotiate the implementation of the court's law.
Loan from the word to the current the law to apply in their relationship
MADDE 24- (1) Doğan It is the law that they choose to address the debt as a part of the law. The choice of law, which may be understood not to include hesitation from the provisions of the word or the state of the state, is also valid.
(2) Parties may or may not complete the term of the selected law They can be applied to the system.
(3) Legal selection can always be done or made by parties. The rule of law after the establishment of a commitment is effective backwards with the record of a third party's rights record.
(4) Parties may not have made legal choices. Law enforcement is the most important, with that promise. This law, the characteristic of my characteristic dim debtor, the mutad liability law in the process of the establishment of the saying, the workplace law, if not found, is the place of the debtor, as well as the law of the debtor of the debtor. If there is more than one place of a characteristic pedil, it is considered the workplace law in the most important part of it. However, it is in accordance with the law that the state is to have a law that is more relevant to the word than it is.
See if you are Remarks
MADDE 25- (1) to the table (s) or It is the country's law that uses them as a result of the use of the word.
Consumer commitments
ARTICLE 26- (1) Colleague or Consumer commitments to the sale of goods or services or loans for non-commercial purpose are legally required by the consumer, with the record of remaining protection, with the record of remaining protection of the consumer ' s mutad-liability law, which is the order of the consumer.
(2) The consumer's mutad is not the legal choice of the parties. The law is applied to the law. In order for the consumer to apply the mutad liability law;
a) The word is sent to him in the country where consumer mutad is located on a special invitation, or as a result of the establishment and the establishment of the consumer by the consumer for the establishment of the word, in this country, or
b) The other party or its representative provides the consumer's order in this country almor
c) Sell the consumer if the business has a sell promise. And the consumer went to the country, where they had this trip, and then went to the country and gave the order there,
is not available.
(3) Consumer promises made at the bottom of the world The company applies the consumer mutad-liability law.
(4) This clause excludes package tours, and consumer commitments, except for The service does not apply to commitments that are required in a country that is located in the country where its mutad is located.
Business commitments
MADDE 27- (1) The business promises, It is the law of the parties to whom it chooses to remain, with the record of remaining protection, which will have the order of the imposition of the emirate of mutad county law.
(2) The party has made a choice of law, and It is the workplace law that has made the case of the man as mutad. A mutad is not counted as if it is temporarily doing the job in a country that temporarily does.
(3) Do not mutad the United States in a specific country and continue to In more than one country, it is the country's law that the business is based on the business of doing so.
(4) However, it is more responsive with an all-word business This law can be applied instead of the second and third provisions of the law in which a law is found.
Intellectual property rights Remarks
MADDE 28- (1) Intellectual property The rights of the rights to the rights of the people are the law of their choice.
(2) Parties may not have made legal choices. the mutad law will be applied to the office where the right to or from the transfer of the intellectual property is not, if not, the location of the company in the process of the deployment of the statement. However, it is legal to say that the state of the country has a law that is more relevant to the word than it is.
(3) has occurred in part of the business and execution of the United States laws on the intellectual property rights on the intellectual property, and the law enforcement of the business and the business of proprietor is practiced.
How to install the site Remarks
MADDE 29- (1) It is the law that the parties have chosen to address.
(2) Parties may not have the choice of law, so it is This country is considered to be the most important country in the country or the country where the country or sender is located at the same time as the country or country where the country is located at the same time as the country where the installation is located at the same time as the country's location. The law is applied. Single-time remedies and other commitments to the main subject matter are subject to these provisions.
(3) All of the country's plans have been resureed by the president's office. This law is applied to the word when it is found to have a more important legal law.
Temsil authority
MADDE 30- (1) With Representative The representation of legal representation within the representation of the representation is a law that is applied to the law that is based on the relationship between them.
taahhüt(2) A verb is committed to the third party in which representation The agency's office is under the jurisdiction of the people who are wanted in order to get it under way. The representation of a representative is a country law that is not authorized or authorized by the third party, or when authorized to the office of the authority is used. The unauthorized representation applies to the relationship between the representative and the third party, as well as the current provision.(3) If there is a service contact between the representative and the representative, and if the representative does not have a place to view, the representation of the representation is the law of the country in which the representation is located.
Rules applied to the document
MADDE 31- (1) Dogan In the case of the law, law enforcement may have an effect on the rules imposed on the law of a third state if it is associated with the promise of a commitment. It considers the rules, qualification, whistleblower, and results of the rules to influence and enforce the rules.
An existing relationship exists without the word and maddydgeçerliliði
MADDE 32- (1) Not a word The law or provision of a provision and the legal validity shall be of the law if the law is to be applied to the effect of the commitment.
(2) The law governing the behavior of one of the parties is to be applied to the law The country's law, which claims to have the will of the will, will be imposed if it is understood by the country's declaration that it will not be appropriate to the rights of the world.
The format and the format of the document measures
MADDE 33- (1) In Israeli The country's law is under consideration for the actual protection of the goods and the actions of the goods and the country's protection of goods, or the law of the country.
Jusficate verbs
MADDE 34- (1) The right is de facto The right to debt is the country's law that is the right of the verb.
(2) Difference to where the actual verb is in place with the location of the actual In countries, the laws of the country in which damage occurred are applied.
(3) The right-to-peak debt is less than a country. This country law applies if it is associated with it.
(4) The law that applies to the actual verb or insurance If it does, it may cause damage to the person who is damaged by the person who is responsible for the damage.
(5) The parties are the law to be implemented after the failure of the right They can be selected as hungry.
A violation of the rights responsibility
MADDE 35- (1) Kiridity requests by media, radio, radio, television, media, media, media, and other requests for damage, as well as by the choice of the person who has been harmed;
a) if it is in a state to know that the damage will occur in this country the mutad liability law of the damage,
b) the country's law or law that contains the location of the policy or the mutad liability.
c) If the damage is done in this country, the damages laws of the country in which damage is incurred,
is applied.
(2) The right to respond in a violation of the rights of the United States, in the periodical publication, is the country's law or law that has been published or is not published.
(3) The first receipt of the item, the processing of the personal data, or the personal the data about the data is also applied to the claims that are being violated by the way it is not.
Property of the United States liability
MADDE 36- (1) Claimed The extent of the damage caused by the damage is applied according to the choice of the damages, the mutad liability of the damage or the law of the country or the law of the country in which the goods are made of the goods. It must not be possible to prove that the damage is being placed in that country when the policy of the workplace law can be applied.
Rights of competition
MADDE 37- (1) The right from competition The country's law, which is affected by the competition due to the competition, is the country's law of the affected country.
(2) The right to compete in a competitive result is the exclusive If their interests are violated, the country's law will be applied to the country's office.
Block competition
MADDE 38- (1) Competition Claims are under the law of the country where the market is affected by this impede.
(2) In Turkey, where foreign law is applied to prevent competition, Turkish law does not rule out more compensation than compensation for implementing it.
Reason-rich enrichment
MADDE 39- (1) Reason The demands of the rich are the law of the law, which is claimed to be existing or existing, which is the reason for the rich. In other states, the real country law is applied to the unprovoked enrichment, the enrichment of which is the reality.
(2) Parties, after the occurrence of unprovoked enrichment, They can choose the law to be applied.
ISRAELKISIM
Milleterarasi Usul Law
SECTION OF THE REGION SECTION
Milletlerarasm Authority
Milletlerarasi authority
MADDE 40- (1) Turk The jurisdiction of the courts of courts appoints the jurisdiction of the internal law.
The Turkish people are part of cases
MADDE 41- (1) Turk If not open or opened in the foreign country courts, the official court in Turkey, if not opened, is the last place in Turkey, if not in Turkey. In the court of my place of place, if he is not in Ankara, It is seen in one of the Istanbul or the Israeli courts.
See wildlings some cases
MADDE 42- (1) In Turkey It is given to the court of law that the people who are not in place of place have the right to have a place in Turkey, where they are concerned, lost, lost, gaiety and their decision to die, if they are not in love with the place.
Legacy cases
MADDE 43- (1) Mirasa is The cases are heard in the court of the last place in Turkey, where the last place in Turkey was not in Turkey, but where the goods were found included in the terreee.
Business commitment and business relationship cases
MADDE 44- (1) Individual In Turkey, where the business of the United States of the United States of the United States of the United States of the United States of the United States of America is based in the United States, it is the official court of the court. In cases where the chief is involved in the business, Turkish courts have the location of the city, the location of the person's location, or the location of the mutad, and the official.
Business with consumer promise cases
MADADE 45- (1) 26 ncis from consumer commitments that are defined, Turkish courts are authorized by consumer choice, consumer place of place, or mutad, or location of location, location, or mutad, according to the consumer's choice.
(2) About consumer commitments made to the first release In cases to open up to the consumer, the court is the consumer's mutad-criminal court in Turkey.
Insurance promise cases
MADDE 46- (1) Insurance In the case of other people who have spoken, the insurance company or the agency that makes the insurance statement or the agency is in Turkey, or the agency is in charge. However, in cases to be insured, insured or in favour of a beneficiary, the competent court is the place of place in Turkey or the mutad-inhabited court.
Authorization and reshudning
MADDE 47- (1) As of Site Under the exclusive jurisdiction, the parties may agree to appear in the court of a foreign state that is involved in a foreign-owned and debt-related state that is based on the debt. The point is that it is in the state of evidence that it is written. The case is seen in the competent Turkish court, in which the foreign court does not warrant unauthorized charges or an appeal in the Turkish courts.
(2) 44, 45, and 46 are the authority of the courts specified in the Articles of It cannot be done by its understanding.
Guarantee
MADDE 48- (1) in Turkish court The court, which is suing, has been involved in the case, or is in the executive pursuit, has to show the court's representation to cause harm and loss by legal entities, prosecution and follow-up expenses.
(2) Court, case filed, contributor or executive pursuit of litigation Exempt from collateral on the basis of the decision.
State of the foreign state They are not able to take advantage of the exemption
MADDE 49- (1) To a foreign state, He does not grant a judicial exemption in legal compliance with private law.
(2) Diplomatic reps of foreign government in such countries It can be done.
REGION OF A REGION
The Strangers Tribunal and the Test and Description of referee Decisions
Tenfz decision
MADDE 50- (1) Strangers The courts have been given legal cases, and that state law states that are committed to law enforcement in Turkey are subject to a tentase decision by the competent Turkish court in Turkey.
(2) Related to personal rights included in criminal proceedings They may also be asked for a tenfism decision.
Task and entitlement
MADDE 51- (1) Thenfz decisions The court is a court-court court.
(2) These decisions are made in Turkey of the person who is asked to If there is no place or place of place, where there is a place of place in Turkey or where there is a situation, you may be asked from one of the courts of Ankara, Istanbul, or Israel.
Tenfz prompt
MADDE 52- (1) The tenfise of the decision Everyone who has a legal benefit can be found in the tentaposition. A tenfide prompt is a petition. The number of times the petition is counted by the number of people is added. The petition includes the following considerations:
a) Enffiz, a representative of the country, and if applicable, the legal representative and name, last name, and addresses of the delegates.
veb) Which state court has been given the provision of the subject matter, the date and number of the court, and the summary of the verdict.c) Tenfz is what part of me is asked if you are asked about a sentence.
Documents to be added to a petition
MADDE 53- (1) To a Thenquise petition The following documents are added:
a) The foreign court's office is the only one that has been hanged by the authorities. He was the only one and the only one who gave it to the organ.
b) that the country has committed, and that country's authorities have with the author or document and the onanus translation.
Tenfz jobs
MADDE 54- (1) Authorized court Returns the tenfir decision in the following:
a) The state between the Republic of Turkey and the state of the province is An understanding based on the basis of the fact that the tenfism of the scholars from the Turkish courts in that state is a possible law provision, or a de facto application.
b) for an issue that does not enter the exclusive jurisdiction of Turkish courts. The case has not been given to a state court that has the authority to issue the case, whether the case has no actual contact with the subject or the parties, if it has been denied or the case has been appealed.
c) No details are found in public order.
), under the laws of that place, is the provision of the intended part of the person who is requested to be He was not represented in court, nor was he represented in court, or he was convicted in a separate way or his absence, and based on one of the above issues, he was sentenced to death at the tenfiz prompt. He wouldn't object to his trial.
Tublime and objection
MADDE 55- (1) for a Tenfz prompt The first day of the trial is the day of the hearing, and it's on the other side of the court. It is the recognition of accident decisions, and the tenfism is the same rule. You don't have to rule the law on accident decisions. The review is decided by examining the simple judgment of the procedure.
(2) The business entity is not only available to you by its provisions. He may object to the fact that he has not been found, or that the foreign court may have caused a reason for the obstruction or fulfillment of an entirely fulfilled or replacement.
Decision
MADDE 56- (1) Court policy It can be decided by either the person or the complete tenfism or the rejection of the request. This decision is written under the name of the foreign court and is sealed and signed by the judge.
Substitute and appeal path
MADDE 57- (1) Tenfizine decision The foreign provinces are an executive order, such as those given from the Turkish courts.
temyizi(2) The appeal of decisions made in the acceptance or rejection of the Tenffiz client It's a matter of general provisions. The appeal stops the fulfillment.Tanema
MADDE 58- (1) wildland court To be considered for definitive evidence or final provision of the world, it is under way for the court to determine that the foreign policy of the world is under way. In recognition, the first of the 4th item (a) does not apply to the name.
(2) The description of the Israeli accident decisions is the same verdict.
(3) An administration of administration in Turkey is based on a foreign court The same thing is applied in the process of doing so.
Certain provision and final evidence effect
MADDE 59- (1) Foreigner The effect of final judgment or certain evidence is a conviction from the moment of the certainty of a foreign court ruling.
The tenfiy of the wild umpire's decisions
MADDE 60- (1) Committ and The foreign umpire's decisions can be tentared, whether it's a win for the parties or for the parties.
(2) The tenfiy of the foreign arbitrator's decisions is written by The people are asked by the court to petition the court of the court. If there is no such agreement between the parties, the position of the party in Turkey that has been decided against is the authority of the place in Turkey, or in the court of place where the goods may be subject to the action.
Petition and inspection procedure
MADDE 61- (1) A wild arbiter The entity, which asks for the tenfism of the decision, adds the documents, along with its number of as many examples, as the number of documents it has written.
a) Arbitration is an example of an example of a meeting or an instance of the country.
b) The right decision has been committed, and the executive capability has been gained or as a result of the fact that the parties have received a stale or procedural approval for the parties involved.
c) (a) and (b) translated and usulen of the documents counted in their (b) Examples of onanamus.
(2) 55th, 56 ncis, and 57 ncu in tenfide of court arbitrator rulersday The provisions are enforced through kiyas.
Ret reasons
MADDE 62- (1) Court,
a) Arbitration is done, or the main commitment is to arbitration If it is not installed,
b) If the Hakem decision is a public policy or a public order,
c) arbitration in accordance with the Turkish law that is the subject of the arbitration If the solution is not possible,
ç) One of the parties is not duly represented in the front of the arbitrators and If it did not accept the actions that were made later,
d) The desired side of the arbitrator's decision is from the selection of the arbitrators. If you weren't informed or denied the possibility of defence,
e) Arbitration, or the law, has sided with the law, if there is no understanding, if the arbitrator is void according to the law of the country,
f) The choice of rights or the application of arbitrators, by the parties If there is no such statement, if the arbitrator clause is a violation of the law of the country,
g) The Hakem decision is a case that is not included in the umpire ' s statement or in the country About this part of the relationship, if it is, or if they are running a word or statement of business,
h) the country's law provisions, or the laws of law, of which the referee has been issued or is not If it wasn't certain that it had been the case, or that it was canceled by the competent authority of the place where they had won or were given or where they were given, the country has been granted the following:
The foreign umpire rejects the decision of the decision.
(2) Print (c), (d), (e), (f), (g), and (h) in the Bentongs The burden of the people of the people is the burden of the tentase.
Rep referee verbate
MADDE 63-(1) Strumed arbitrator The recognition of their decisions is in terms of the provisions of tenfism.
THIRD PART
Recent Provitions
Current status provisions
MADDE 64- (1) dated 20/5/1982 And 2675 are the Law on Special Law and Procedural Law.
(2) dated 29/6/1956 and of 6762 Turkish Trade Law 866 ncis The second ingredient in its material,
88(3) dated 5/12/1951 and numbered 5846 as an Idea and Art Code of Art 88 Pearl clause,is currently in effect.
Effective
MADDE 65- (1) This is the release of the Law is effective in its history.
Execution
MADDE 66- (1) This Law The Council of Ministers executes its provisions.
