The Issue of International Jurisdiction in the Liquidation of Matrimonial Property Regimes with a Foreign Element and a Proposed Solution

Development summary

This article addresses whether Turkish courts have international jurisdiction over the liquidation of a matrimonial property regime where the spouses have no domicile or habitual residence in Turkey, yet assets in Turkey still need to be liquidated after divorce or annulment proceedings abroad. It examines Article 214 of the Turkish Civil Code and the general and special jurisdiction rules in the Code of Civil Procedure, starting from the premise that the right arising from the participation in acquired property regime is a personal claim rather than a right in rem, and it also considers whether the court dealing with recognition or enforcement of a foreign divorce judgment can resolve the issue.