Turkey
Answer ... Turkish law differentiates between liens on moveable and immoveable property. Save as regards the exceptions established by law, liens on moveable property can be established only by retaining possession of the moveable property pending discharge of all outstanding obligations incurred in respect of services rendered in relation to the moveable property. Liens on immoveable property, on the other hand, may be established only by way of a mortgage, a mortgage with certificate or a certificate of annuity charge. Under the Civil Aviation Law, it is customary for any charge or encumbrance such as a lien or mortgage on an aircraft to be established by way of registration in the Aircraft Register.
Turkey
Answer ... As long as it is registered with the Aircraft Register, a security interest will be subject to the provisions applicable to immoveable property.
Turkey
Answer ... There is no provision under Turkish law for the registration or recordation of a mortgage against a moveable property, such as an aircraft engine or an aircraft part.
Turkey
Answer ... No answer submitted for this question.
Turkey
Answer ... In order for a foreign court judgment to be enforced by the Turkish courts, the requirements of Articles 50 to 59 of the Law on International Private Law and Procedure (5718) must be satisfied.
Under the Law on International Private Law and Procedure, a foreign court judgment cannot be directly enforced in Turkey. An application for enforcement must be made to the Turkish courts, which will enforce the foreign judgment only if:
- there is a treaty of reciprocity between the two countries or, in the absence of such treaty, there is effective reciprocity for the enforcement of judgments between the two countries;
- the foreign judgment is final and all possibilities of appeal have been exhausted;
- the judgment does not concern a subject which falls under the exclusive jurisdiction of Turkish courts;
- the judgment does not clearly contravene Turkish public policy; and
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the party against which enforcement is sought does not raise an objection in the Turkish court, which the Turkish court considers justified, to the effect that:
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- it was not duly summoned to or represented at the foreign court proceedings; or
- the judgment was rendered in its absence in violation of the laws of the foreign country.
Turkey
Answer ... In order to enforce a lien under Turkish law, the lienholder must commence enforcement proceedings in accordance with the Enforcement and Bankruptcy Code 2004 and issue a writ before the bailiff. The bailiff will then inform any parties to which a lien has subsequently been granted of the existence of the writ and send a payment order to the debtor and the third-party owner of the moveable property to pay the debt, informing it that unless it lodges an opposition to the payment order or pays the debt, the moveable property will be sold. If an opposition is lodged against the payment order, the creditor may either apply to a specialised bailiff court for examination of the opposition or lodge a claim before the courts requesting cancellation of the opposition by proving the merits of the claim. Once the claim has been determined by the appropriate court, the bailiff, upon application by the creditor, will commence forced sale proceedings.
Where an aircraft is leased by way of a finance lease, subject to the Financial Leasing, Factoring and Financing Companies Law, the bailiff should keep the claims of third-party creditors separate from the lessee’s estate. Consequently, creditors of the lessee cannot exercise a lien on an aircraft whose owner is the lessor. However, the creditor or the lessee may try to prove before a court that equity has built up in the leased asset.
Turkey
Answer ... In order for a foreign court judgment to be enforced by the Turkish courts, the requirements of Articles 50 to 59 of the Law on International Private Law and Procedure (5718) must be satisfied.
Under the Law on International Private Law and Procedure, a foreign court judgment cannot be directly enforced in Turkey. An application for enforcement must be made to the Turkish courts, which will enforce the foreign judgment only if:
- there is a treaty of reciprocity between the two countries or, in the absence of such treaty, there is effective reciprocity for the enforcement of judgments between the two countries;
- the foreign judgment is final and all possibilities of appeal have been exhausted;
- the judgment does not concern a subject which falls under the exclusive jurisdiction of Turkish courts;
- the judgment does not clearly contravene Turkish public policy; and
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the party against which enforcement is sought does not raise an objection in the Turkish court, which the Turkish court considers justified, to the effect that:
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- it was not duly summoned to or represented at the foreign court proceedings; or
- the judgment was rendered in its absence in violation of the laws of the foreign country.
Turkey
Answer ... Taxes, social security premiums and wages and other statutory liens take priority over any mortgages and other rights in rem. For liens, the general rule is that priority depends on the date of establishment. Possessors’ liens based on the Civil Code will take priority over previously established rights in rem, provided that the lienholder acts in good faith. If the Cape Town Agreement and Protocol apply, the priority rules that are set out in Article 29 of the convention will apply, to the extent that the Cape Town Agreement and Protocol are enforced.
Turkey
Answer ... Pursuant to Law 6192/2011 and a 24 May 2011 decision of the Cabinet of Ministers, in accordance with Article 3 of Law 244/1963, Turkey has duly ratified the Cape Town Agreement and Protocol. According to UNIDROIT’s official website, Turkey deposited its instrument of ratification on 23 August 2011 and, in accordance with Article XXVIII of the protocol, the Cape Town Agreement and Protocol came into full force and effect on 1 December 2011. There is little jurisprudence and a lack of definitive administrative guidance on how the Cape Town Agreement and Protocol will be implemented, interpreted, applied and enforced in Turkey by the courts and bailiff offices.