A Taboo: Exclusive Jurisdiction over Immovable Property

Exclusive jurisdiction over immovable property is accepted in most legal systems and also accepted in Turkey. However, the absolute exercise of exclusive jurisdiction over immovable property raises some problems. The decisionaffecting the immovable propertywhich is situated in Turkey could exist within the decisions given by a foreign court relating to personal status‟ cases. Due to the exclusive jurisdiction of Turkish courts over immovable property which is situated in Turkey, it is not possible to recognize and enforce the decision over immovable property given by foreign courts. This fact will affect on the integrity of the decision obtained from a foreign court and it makes the decision effectively limited. In this context, exclusive jurisdiction of the court in which the immovable property is situated, needs to be re-evaluated where the proceeding are about right in rem.