<link rel="stylesheet" href="styles.f3b1fba60ec7970c.css">

Publication:
Turkey: the treatment of foreign law in Turkey

Loading...
Thumbnail Image

Departments

Item type:Organizational Unit,

School / College / Institute

Item type:Organizational Unit,
LAW SCHOOL
UPPER

Program

Organization Authors

Co-Authors

N/A

Date

Language

Embargo Status

N/A

Journal Title

Journal ISSN

Volume Title

Alternative Title

Abstract

This paper deals with the treatment of foreign law under Turkish private international law. The paper initially explains the legal history in this area of law by introducing the preceding legislative acts and the law currently in force entitled “Private International Law and International Civil Procedure Law” (“PILA”). After presenting PILA’s scope of application, the paper examines the application of foreign law before Turkish courts in light of certain articles of PILA and Turkish civil law. Accordingly, where the conflicts of laws rules indicate so, it is the judge’s duty to accurately apply foreign law to disputes with a foreign element ex officio. In connection with this duty, parties’ limited role in determining the applicable law, the judge’s obligation to obtain information to ascertain the content of foreign law and the examination by the court of cassation are explained. The paper then details the means and legal sources provided to judges for access to foreign law. Nevertheless, it is stated that in practice judges are reluctant to apply foreign law for constraints in time and knowledge.

Source

Publisher

Springer

Citation

item.page.haspartof

Source

Treatment of Foreign Law - Dynamics towards Convergence?

item.page.ispartofseries

item.page.edition

DOI

10.1007/978-3-319-56574-3_27

item.page.datauri

item.page.link

Rights

N/A

Copyrights Note

Rights and licensing

N/A

Endorsement

Review

Supplemented By

Referenced By

Related Patent

Related Goal

Item type:Goal, Access status: Open Access ,
16 - Peace, Justice and Strong Institutions
Compassion and a strong moral compass is essential to every democratic society.Yet, persecution, injustice and abuse still runs rampant and is tearing at the very fabric of civilization. We must ensure that we have strong institutions, global standards of justice, and a commitment to peace everywhere.
Google Scholar
Scholar'da Ara ↗
2
Görüntülenme
0
İndirme
Altmetric
Dimensions
PlumX Metrikleri
BIP! Indicators