Conflict of Laws and Applicable Law

How Is a Foreign Element Identified?

The parties' nationalities, country of residence, place of marriage or transaction, the country where property is located and existing foreign judgments may connect a dispute with more than one legal system. The Law on Private International Law and International Civil Procedure (MÖHUK) regulates applicable law, the international jurisdiction of Turkish courts and the effects of foreign judgments in these relationships. Whether international treaties to which Türkiye is a party apply to the issue is also checked first.

Does the Same Law Govern Every Claim?

Divorce, matrimonial property regimes, maintenance, parentage and inheritance may have different connecting rules. Contractual disputes, rights in rem and tort disputes are also examined under their own rules. For example, the connecting factor used in divorce proceedings is not the same as a choice of law concerning matrimonial property. The presence of real property in one country does not establish that every family and monetary claim there is resolved under a single law.

How Is Foreign Law Established?

Under Article 2 MÖHUK, the judge applies Turkish connecting rules and the foreign law they designate of the judge's own motion. The parties may be asked to assist in establishing the content of foreign law. Producing a translation of a single foreign statutory provision does not always explain its force at the relevant time, its interpretation or related provisions. The relevant text, transitional rules and, where necessary, expert opinion are investigated together.

Why Is the Case Timeline Necessary?

Changes in nationality or centre of life, marriage and acquisition dates, a contractual choice of law and earlier proceedings may affect connecting factors. Which date governs which claim depends on the particular rule. Public policy and overriding mandatory rules also require separate assessment. Instead of one-line conclusions such as 'I am a Turkish national, so Turkish law applies', a reasoned account of the applicable law should be prepared for each claim.