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Chapter II Jurisdiction

 

Article 14

In Turkey the nationals of the other Contracting Powers, and reciprocally Turkish nationals in the territories of the said Powers, will have free access to the courts of the country, and may sue and be sued in the same conditions in all respects as nationals of the country, subject to the provisions of Article 18.

Article 15

Subject to the provisions of Article 16, all questions of jurisdiction shall, as between Turkey and the other Contracting Powers, be decided in accordance with the principles of international law.

Article 16

In matters of personal status, i.e., all questions relating to marriage, conjugal rights, divorce, judicial separation, dower, paternity afflation, adoption, capacity majority, guardianship, trusteeship and interdiction; in matters relating to succession to personalty, whether by will or on intestacy, and the distribution and winding up of estates; and family law in general, it is agreed between Turkey and the other Contracting Powers that, as regards non-Moslem nationals of such Powers in Turkey, the national tribunals or other competent national authorities established in the country of which the party whose personal status is in question will alone have jurisdiction.

The present stipulation does not affect the special attribution's of consuls in matters of status in accordance with international law or special agreements which may be concluded, nor the right of Turkish courts to request and receive evidence respecting matters acknowledged above as being within the competence of the national tribunals or authorities of the parties concerned.

By way of exception to the first paragraph of this Article, the Turkish courts will also have jurisdiction in the matters referred to therein, if all the parties to the case submit in writing to the jurisdiction of the said courts. In such case the Turkish courts will apply the national law of the parties.

Article 17

The Turkish Government declares that the Turkish courts will ensure to foreigners in Turkey, both as regards person and property, protection in accordance with international law and the principles and methods generally adopted in other countries.

All questions relating to security for case, execution of judgments, service of judicial and extra-judicial documents, commissions rogations, orders for the payment of costs and expenses, free judicial assistance and imprisonment for debt are left to be regulated between Turkey and the other Contracting Powers by separate conventions between the States concerned.