Turkish International Private and Procedural Law 2018-04-04T16:49:37+00:00
Application of Foreign Law In Turkey 2018-04-04T16:46:19+00:00

Application of Foreign Law In Turkey

(1) The judge shall apply the rules of the Turkish conflict of laws and the governing foreign law which is applicable in accordance with the said rules ex officio. The judge may seek the assistance of the parties for the determination of the content of the governing foreign law.

(2) If the applicable foreign law provisions cannot be ascertained despite all efforts, Turkish law shall be applied.

(3) If the provisions of the applicable foreign conflict of laws refer to another foreign law, this referral will only be taken into consideration in conflicts related to the law of persons and property law. The substantive provisions of this foreign law thereof shall be applied.

(4) In cases where there is a possibility of choosing the applicable law unless otherwise is designated by the parties the substantive provisions of the chosen law shall be applied.

(5) If the state whose law shall govern has two or more regional units and these units have different legal systems, the regional law to be applied shall be determined according to the law of that state. In case there is an absence of a
determining provision, the regional law which is the most closely connected shall govern (PILA, Article 2).

Private International Law Turkey 2018-04-04T16:40:29+00:00

Part I. Private International Law Turkey

Chapter I.  General Provisions

Scope

Article 1-

(1) This Act regulates the law applicable to private law transactions and relations that contain a foreign element, the
international jurisdiction of the Turkish courts, and the recognition and enforcement of foreign judgments.

(2) Provisions of international conventions to which the Republic of Turkey is a signatory are reserved.