Yargıtay Kararları Işığında Milletlerarası Usul Hukukunda Yabancılık Teminatından Kaynaklanan Problemler

In principle, persons who file a lawsuit, participate in the lawsuit, or pursue execution proceedings in the Turkish court do not deposit a guarantee. One of the exceptions of this rule is the guarantee required by foreigners. The person in a foreign national who files a lawsuit, intervenes in a lawsuit, or initiates execution proceedings should be required to provide security under Article 48 of the Act on Private International Law and International Civil Procedure (IPPL). In international procedural law, the security for costs is a requrement of sue. Therefore, before making an examination merits of the case, a decision on the security for costs should be made. In this study, we was examined the obligation to deposit security arising from the foreignness of the person who filed a lawsuit, intervenes in a lawsuit, or initiates execution proceedings in the light of the decisions of the Supreme Court. If the security is not deposited within the time given by the judge or executive director, the case is duly rejected or the claim is deemed not made. In this respect, first of all, information was given on foreign guarantee, and then the problems encountered in practice were discussed under separated topics.