The definition of a foreigner is given to individuals living in a country without citizenship, and the entirety of the rules regulating the rights and freedoms of these individuals Foreigners Law constitutes the branch of law we call
The transformation of states into mechanisms for unjustly accumulating power and crushing people has given rise to the idea that the state should be limited by the fundamental rights and freedoms of each individual. According to the modern understanding that emerged with the development of this idea, the state is an institution granted authority in exchange for protecting the rights and freedoms of its members. Accordingly, the relationship between the state and its citizens is based on a principle of reciprocity. Indeed, thinkers who contributed to the development of this idea have called it a social contract. However, this situation has not provided a solution for the state's relations with individuals who live within its borders but are not its citizens. of Foreigners Law continued until after the world wars, and certain practices that were previously uncertain and unchecked were codified into rules through the signing of international agreements. Accordingly, fundamental rights and freedoms belonging to individuals have been transformed from rules recognized by states within their own borders and on their own initiative into rules independent of the state element and universal. For this purpose, international organizations bound by international agreements have been established and have undertaken the task of monitoring the rules that constitute the content of these agreements. On this occasion, while states can make decisions in accordance with their domestic sovereignty and interests regarding foreigners, this possibility is also limited by international agreements. Today, states are obliged to adapt their own legal systems regarding foreigners to conform with international agreements.
Foreigners Lawshould be entirely equal to those of citizens. Accordingly, apart from universal fundamental rights and freedoms established by international conventions, the determination of rules is subject to the decision of each state based on the principle of internal sovereignty. In this context, there are actions that foreigners cannot perform in our country (e.g., political rights are not granted to foreigners) and actions that, even if they can, are subject to different rules than those of citizens (e.g., the purchase of real estate by foreigners in our country is subject to different rules). In addition, applications for residence permits, work permits, and citizenship, which are specific to foreigners, also Foreigners Law.
Recognition and Enforcement Cases
It is evident that just as foreigners in our country are subject to different regulations regarding fundamental rights and freedoms, our citizens living abroad also face the same situation in those countries. Ultimately, Turkish citizens living abroad are subject to the legal system of that country and will apply to the courts of that country in case of any dispute. However, the situation becomes somewhat complicated when it is desired that a decision made in a foreign court be valid in our country as well. For this reason, the Law No. 5718 on International Private Law and Procedural Law. An Enforcement Decision is a decision that enables the execution in Turkey of final judgments regarding civil cases in foreign courts. For this decision to be obtained, reciprocity between the country to which the court that issued the judgment belongs and our country, and other conditions specified in the law, must be met. A Recognition Decision, on the other hand, is a decision that enables the judgment given by the foreign court to constitute conclusive evidence or a final judgment in our country. The issuance of this decision depends on the fulfillment of the enforcement conditions. The lawsuit that must be filed for the issuance of these decisions is called a recognition and enforcement lawsuit.
The Situation in Türkiye of Couples Who Divorced Abroad
For a person divorced abroad to be considered divorced in Türkiye, they must file a lawsuit in Türkiye. If no lawsuit is filed, the person will continue to be considered married in Turkish civil registry records. The type of lawsuit that must be filed is a recognition and enforcement lawsuit, and for this lawsuit to be filed, the divorce decree must have been issued by a court, not by institutions such as municipalities or governorships, as is the case in some countries.
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