Arslan, RamazanYılmaz, Necla2022-06-092022-06-091999http://hdl.handle.net/20.500.12575/81455One of the three powers that a state has depending on its sovereignty right in its territory is right to adjudicate. This right is being used by the state in Turkish geographical borders. According to the Constitution, state uses this power through the agency of independent courts. State's right to adjudicate is not limitless; this is limited from the point of view of its territory and person. State's right to adjudicate is limited means everybody who lives in Turkish territory no matter he or she is Turkish citizen or not is principally subject to Turkish Jurisdiction. The exception of this principle is some real or legal entities who live in the boundary of Republic of Turkey. These persons can not be judged by Turkish courts despite the fact that they live in Turkey because of,their judical exemptions. Here this matter constitutes the first chapter of this study. In this chapter which has the title "Judicial Exemption" state's judical exemption and state's representetives' and consuls' judical exemptions were stated. While explaining the state's judical exemption, some opinions that appeared by the historical progression of this matter also took place. Also judical exemptions of diplomatical representetives were examined in the frame of the "Vienna Convention on Diplomatic Relations" singed 1961 and judical exemption of consuls were examined according to the "Vienna Convention on Consular Relations" dated 1963. Limit of right to adjudicate in the point of view of territory means that Turkish state can enjoy this right in the geographical borders of Republic of Turkey. In other words, a state who uses its right to adjudicate through the agency of independent courts can use its power in its own territorial borders. While a Turkish160 court can not show activity in another country simillary a foreigh state's court can not show judical activity in Turkish territory. In accordance with this principle, it is impossibe for a court which has the right of jurisdiction of an action to enjoy the necessary judicial activities for the enlightement of that action in the territory of another state. But despite this principle, because of some practical and materialistic reasons, the necessity for applying the institution of international law aid can appear. "International law aid" matter which constitutes the exception of limitation of state's right to adjudicate according to the territory is an extensive concept including international notification, international letter of request, international judicial aid. In this chapter, "International Letter of Request" which is a matter of international law aid was tried to be examined. Second chapter which has the title "Letter of Request in Turkish and International Procedural Law" is more comprehensive. Because the subject "letter of request" was explaind according to the regulation in internal law and under the light of international conventions. In this context, the possible ways of letters of request in Turkish Law were examined in accordance with the Private Procedural Law and Code of Execution and Bankrupt. In international letters of request, there is not any detailed regulation in or internal law. This matter has been put in order in the bilateral or multilateral international law aid conventions in which Turkey is a party. Therefore international letter of request needed to be examined in the frame of the bilateral or multilateral international law aid conventions that Turkey constitutes a part. Turkey is a party to quite a few bilateral conventions which regulate the international letters of request. Since these conventions include parallel regulations,161 each convention's provision was not examined one by one but bilateral conventions were considered as a whole. Multilateral international conventions which requlate the international letters of request and of which Turkey is a part are; La Haye Conventions on Procedure Law" and "Conventions on Collecting Alimonial Credits in Foreign Countries" dated 1954. There conventions' provisions on letters of request were examined one by one. At the and of this chapter choosing the convention that will be applied in the condition that there exist more than one international convention between Turkey and requested state and the route that will be followed in the condition that there exists no convention between Turkey and the requested state were explained.trÖzel HukukmasterThesis