DEBT COLLECTION IN INTERNATIONAL LAW: THE EXAMPLE OF GERMANY AND TURKEY

Hello everyone! I am Attorney Cihat Kaya. In this article, I will share important insights on the enforceability of debts under international law, with a particular focus on how a court decision obtained in Germany may affect legal proceedings in Turkey.

Alimony Decision in Germany and Its Status in Turkey

Let’s assume you obtained a divorce judgment in Germany. The German courts ordered you to pay a certain amount of alimony for your children and former spouse. You regularly paid this alimony within Germany. However, your former spouse then attempts to initiate legal proceedings in Turkey to collect the same alimony again.

Is This Possible?

No, it is not possible. The reason is the principle of prohibition of double recovery. According to this principle, a debt collected in Germany cannot be legally demanded again in Turkey.

Legal Basis: The Principle Against Double Recovery

Debts such as alimony payments already made in Germany cannot be claimed again in another country. In international law, collecting the same debt more than once from the same individual violates the principle of prohibition of double recovery. A debt you have already fulfilled within the Federal Republic of Germany cannot be enforced again in Turkey for the following reasons:

• International Law Principles: International treaties and the rule against double recovery.

• Presentation of Evidence: You may submit documents to Turkish courts proving that you already paid your debt in Germany.

Objection to Legal Proceedings Initiated in Turkey

If legal proceedings are initiated in Turkey, you can challenge them by presenting the legal basis of your payments in Germany. For example:

• Submit the German court’s alimony judgment.

• Provide receipts or payment records as proof of fulfillment.

These documents will help ensure a favorable outcome in Turkish courts.

Conclusion

The enforceability of debts in international law is shaped by cross-border legal cooperation and fundamental principles. Debts such as alimony already paid in Germany cannot be claimed again in Turkey. In such cases, it is crucial to document your payments and be aware of your legal rights.

For more information or legal assistance, feel free to contact us.

Tags: Law of Obligations