Problems Arisinf from the Recognition of Foreign Guardianship Decisions in the Practice of the Court of Cassation

In order for foreign guardianship decisions to have an effect in Turkey, a recognition case must be filed. The Court of Cassation abandoned the notion that such decisions would not be recognized in Turkey. However, some views in the doctrine and Court of Cassation are accepted that these judgments do not fulfill some of the preconditions and legal requirements of the recognition. In this study, we will firstly focus on the reasons that prevent recognition of guardianship decisions. Later, the Court of Cassation judgments will be evaluated and efforts will be made to find solutions to the problems encountered in the recognition of foreign guardianship decisions