Notifying people living abroad about matters such as lawsuits or enforcement proceedings can be a complex legal procedure in the international arena. Different countries’ legal systems and notification procedures may make this process difficult. In this blog post, we will discuss in detail what you need to know about international judicial notification.
What is International Judicial Notification?
Overseas judicial notification is the official notification of documents related to a lawsuit or enforcement proceeding by a court or enforcement office to a person abroad. These documents may include a lawsuit petition, enforcement proceeding request, notification memorandum and additional documents.
How to Make a Judicial Notification Abroad?
Overseas judicial notification can be made by two main methods:
Notification According to International Agreements:
International agreements to which Turkey is a party stipulate certain procedures for notification abroad. The most important of these agreements are:
Hague Convention: This convention, dated 1954, is one of the most widely used methods of foreign judicial notification. In countries that are parties to the agreement, notification is made by the competent authority of that country.
Country of Origin Principle: This principle states that notification can be made in accordance with the laws of the country where the document intended to be served was issued.
Direct Notification:
In countries that are not covered by the above-mentioned international agreements, notification can be made by direct notification method. In this method, notification is made in accordance with the legal legislation of the country where the person to be notified resides. The most commonly used methods of direct notification are:
Postal Notification: Notification documents are sent by mail to the person to be notified.
Consular Notification: Notification documents are notified by the Turkish Consulate in the country where the person to be notified is located.
Special Notification Institution: Notification can be made through a special notification institution.
Things to Consider in Foreign Judicial Notification:
Some important points to consider in international judicial notification are as follows:
It is important that the notification is made to the correct person.
Notification documents may need to be translated into the language of the person to be notified.
Notification costs are covered by the person making the notification.
Overseas judicial service can be a complex process. Therefore, it is recommended that you consult a lawyer.