SERVICES > LEGAL ASSISTANCE > SERVICE OF CIVIL DOCUMENTS

Service of documents can be defined as notifying the persons who are to be affected by the legal results of a certain legal transaction in a lawful way and at the same time certifying this notification. It is accepted as a type of the international judicial assistance in the international procedural law.
In our legislation, abroad service of documents is governed by The Law on Service of Documents numbered 7201 and Regulation on Service of Documents. Articles 25, 25/a, 26 and 27 of the Law on Service of Documents and articles 36, 37, 38, 39, 40, 41, 42, 43, 44, and 45 of the Regulation on Service of Documents include provisions concerning the service of documents carried out from Turkey to foreign countries and from foreign countries to Turkey.

However, service of documents which is a procedural transaction concerns the jurisdiction of the States and it is obligatory to carry out the foreign service of documents in accordance with the laws of the requested country. In some cases, the foreign service of documents governed by the Law on Service of Documents cannot fulfill the needs.

Therefore, the bilateral or multilateral agreements of the countries concluded in the international level are of significant for the States to execute the requests for service of documents of the other States and vice versa.

In addition to the Law on Service of Documents numbered 7201 and the Regulation on Service of Documents, “Hague Civil Procedure Convention of 1954” and “Convention on the Service Abroad Of Judicial and Extrajudicial Documents in Civil or Commercial Matters of 1965” are among the basis of the service of documents which include a foreign element. Also the bilateral agreements on the service of documents concluded between Turkey and foreign countries constitute the basis on this issue.

In the events that any bilateral or multilateral agreement is not available, the international service of the documents is carried out in accordance with reciprocity principle.

With regard to this, if the service is to be made only to Turkish nationals and it is possible to send the document to be serviced directly to the Turkish Embassy or the Consulate in that country without sending it through our Ministry, the transactions concerning the following requests for the service of documents to be made to the persons in foreign countries are conducted by the General Directorate of International Law and Foreign Relations of the Ministry of Justice,

The requests for service of documents to be made in accordance with Hague Civil Procedure Convention of 1954 and Convention on the Service Abroad Of Judicial and Extrajudicial Documents in Civil or Commercial Matters of 1965;

The request for service of documents to be made, in accordance with the article 45 paragraph 4 of the Regulation on Service of Documents, to the ambassadors, emissaries, charge d'affaires, counselors and clerks of foreign embassies, attaches of embassies who are accepted as benefiting from diplomatic privileges and immunities within the framework of the consulate relations and are present in Turkey under the capacity of the representative of a foreign State and to their spouses, children and other family members who are with them;

 The request for service of documents to be made, in accordance with article 27 of the Law on Service of Documents, to the Turkish officials who are in a foreign country for the official assignment and to the military personals who are in a foreign country;

The request for service of documents to be made to the Turkish nationals working in the Representations of foreign States in Turkey as officials, contracted officers, translators or the other persons without diplomatic immunity.
 
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