The Parties’ Roles in Establishing and Applying Foreign Law

Development summary

Volkan Özçelik examines the determination and application of foreign law in private-law transactions and relationships containing a foreign element. The analysis addresses the place of this process within Turkish conflict-of-laws rules and the significance of treating foreign law as either law or fact.

Drawing on Article 2 of the Turkish Private International Law Act, the Code of Civil Procedure, international agreements and Court of Cassation decisions, the work considers the court’s duty to apply the applicable foreign law of its own motion and the parties’ contribution to establishing its content. The European Convention and legal-aid agreements are also considered as part of the framework for obtaining information about foreign law.