SUPREME COURT 2. law office
Originally : 2010/15094SUPREME COURT 2. law office
OriginalSUPREME COURT 2. law office
Originally : 2010/15094
Verdict : 2011/4618
Date : 15.03.2011
ME COURTThe request for enforcement of the divorce decree of a Foreign Court must be accompanied by the original and approved translation of the foreign court Decree duly approved by the authorities of that country, as well as a translation approved by the authorities of that country in writing or document indicating that the decree has been finalized and duly approved by the authorities of that country.st for enfohe request for enforcement of the divorce decree of a Foreign Court must be accompanied by the original and approved translation of the foreign court Decree duly approved by the authorities of that country, as well as a translation approved by the authorities of that country in writing or document indicating that the decree has been finalized and duly approved by the authorities of that country.
CASE AND VERDICT
At the end of the reasoning of the case between the parties, the Decriminalization of the judgment given by the local court and the date number shown above in the interest of the law was requested by the Chief Public Prosecutor of the Supreme Court of Appeals upon the letter of the Ministry of Justice, the document was read and discussed and considered as necessary.
SUPREME COURT 2. DECISION OF THE LEGAL DEPARTMENTUPREME COURT 2. DECISION OF THE LEGAL DEPARTMENT
It is understood that in the case filed by the plaintiff’s attorney, the Germany-Alfeld (Lein) Magistrate’s Court requested a decision on the enforcement of the divorce decision dated 8/9/2005 and numbered 6F 366/04 S, as a result of the court’s trial, it was decided to accept the case, the verdict was finalized without appeal.
Article 37 of the Law No. 2675 on Private International Law and Procedure in force at the date of the decision.rticle 37 of the Law No. 2675 on Private International Law and Procedure in force at the date of the decision. Although the documents to be attached to the enforcement petition are specified in the article, according to this provision, the translation of the foreign court decision duly approved by the authorities of that country, which indicates that the decision has been finalized, and the translation approved by the authorities of that country in writing or document, must be attached to the petitcle 37 of the Law No. 2675 on Private International Law and Procedure in force at the date of the decision. Although the documents to be attached to the enforcement petition are specified in the article, according to this provision, the translation of the foreign court decision duly approved by the authorities of that country, which indicates that the decision has been finalized, and the translation approved by the authorities of that country in writing or document, must be attached to the petition, it was also not found correct to be satisfied with a PHOTOCOPY by not complying with these considerations.
result
427/6 of the Civil Procedure Code of the Chief Public Prosecutor’s Office of the Supreme Court of Cassation. with the acceptance of the request to overturn for the benefit of the law based on its article for the explained reason, it was decided unanimously that the provision would not be effective for the result ( to be OVERTURNED ).
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