ADMINISTRATIVE RECOGNITION OF FOREIGN DIVORCE DECISIONS WITHIN THE FRAME OF THE ARTICLE 27/A OF THE LAW ON THE CIVIL REGISTRATION SERVICES

An essential amendment was made on the rules of recognition of foreign decisions with the insertion of article 27/A on the Law on the Civil Registration Services, whereas it is possible to recognise and to enforce the decisions made only by foreign courts according to the Act no. 5718 in Turkish Law. With this amendment, not only recognition of foreign administrative decisions was accepted in addition to the judicial decisions, but also a new opportunity was provided that the recognition can be made by administrative authorities (civil registry offices). Even though the term of ‘divorce’ is used in the title of the article 27/A, it is stated in the regulation that this procedure also covers the decisions regarding the nullity, anullment and declaration of the existence of marriage. In this study, this new regulation is examined especially in the context of divorce decisions. In this context, conditions and the procedure of the administative recognition of divorce decisions will be examined and this amendment will be evaluated both with the positive and negative aspects