People who live in a country even if they are not the citizens of that country compose the definition of foreigners, and the totality of rules which arrange fundamental rights of freedoms of these people compose the branch of law that we called as Foreigners Law.
That the conversion of states to the machine of gathering unfair power and exploiting people has brought about the idea of which limiting the fundamental rights of freedoms belong to each individual by state. In accordance with the modern mentality, the state, come up with the developing of this idea, is an institution to which authority has been endowed in return for protection of fundamental rights and liberties of people who are members of this state. According that, the relation between state and citizen is based on reciprocity principle. Even philosophers, who contributed to the developing of this idea, have called this as social contract. However, this situation has not been a remedy to the relationship between the state and people who lives in the country even if they are not a member of it.
The developing of rules which compose the field of Foreigners Law has continued until afterward of world wars and certain practices which were ambiguous before and not amenable to any of inspection have been made as a rule with the signing of social contract. Accordingly, fundamental rights of freedoms that are belong to individuals have been tried to be universal and independent from state’s factor by eliminating them from being rules that are in state itself and vested by its initiative. For this reason, international organizations which are depend on international agreements have been established and have undertaken the inspection duty of rules that compose the context of these agreements. In this vein, also this capability of state of which can decide for its own sake in internal sovereignty of foreigners has been restricted by international agreements. Todays, the states need to make their law systems to be suitable for the international agreements on the issue of foreigners.
The complete equivalent of rules stated in Foreigners Law to citizens is unthinkable. According that, the determination of rules, except for universal fundamental rights of freedoms that are specified with international agreements, depends on decisions of each state subject to their domestic sovereignty principle. In this regard, there are conditions foreigners are not able to do or depend on different rules even if they are able to do in our country (for example, political rights have not been vested to foreigners or that buying estate in our country of foreigners has been linked with different rules). Apart from that, practices peculiar only to the foreigners like residence permit, work permit and application of citizenship compose the subject of Foreigners Law.
Recognition and Approval Cases
The position of foreigners that being subject to different regulations from fundamental rights of freedoms in our country is make it obvious that our citizens living in foreign countries come across with the same position in these countries. Ultimately, Turkish citizens living in a foreign country are also subject to the law system of this country and they will apply courts of this country in case of any of conflictions. However, when the decision made in foreign court is required to be also valid in our country, the situation becomes a little bit complicated. For this reason, approval and recognition practices have been arranged in International Private and Civil Procedure Law numbered 5718. The approval decision is the judgement which provides notifications that became absolute related to the legal cases in foreigner courts to be executed in Turkey. In order to be able to be taken of this decision, the reciprocity and some other conditions that are specified in the law must be fulfilled between our country and the country that is the member of court in which notification has given. The decision which provides notification given by foreign court to constitute as conclusive evidence and definite judgement is the recognition judgement. That being given of this decision depends on providing conditions of approval. We call the case opened for giving these decisions as recognition and approval case.
The Conditions of Spouses Divorced in Abroad in Turkey
That being accounted as divorced in Turkey of the person who divorced in abroad depends on opening case of him/her in Turkey. Unless the case is opened, the person will continue to be considered married in records in Turkey. The type of case need to be opened is the recognition and approval case and in order to be able to open this case, the nullity of marriage should have been given not by institutions like governorate or city hall but by the court.
That the expanding of regulations related to the Foreigners Law to a large field of source cause the need for domain expertise in solutions of problems related to this issue. In Topo Law Firm Office, our lawyers who are dominant to the international agreements as well as the source of national law have aimed to meet your needs of expertise related to this subject in the securest way.
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