ABSTRACT

In contrast to the legal system in England, the Execution Officer in Turkey is a public employee and his acts are subject to the control and supervision of the Execution Court. The International Law Department of the Ministry of Justice uses ready-prepared print-outs in reply to enquiries often posed by the courts of first instance. The Turkish procedure for the execution of foreign judgments only applies for civil and commercial court ‘judgments’. Preliminary attachment procedure in Turkey is very similar to the ‘Arrestprozeß’ of German law. In contrast to the system used in Germany and similar to English law, a Turkish judgment need not, in order to become enforceable, be served upon the defendant. Unlike England and Germany, the order to make a statement of assets is made in Turkey by the Execution Officer and without an application of the creditor being required.