Can guarantee provided by a Turkish company be enforced under overseas law?

I am in a country that uses common law (or English law). Can the guarantee provided by a Turkey-incorporated company be enforced under the law of my country?

Please advice. Thanks

Turkish Law is Civil Law.Judge can use foreıgn law ıf ıt ıs necessary.There ıs some specıal condıtıons to use foreıgn Law.If you can explaın your questıon further I may gıve better advıce.

My bank is located in Hong Kong and we use common law here. We are going to grant credit facilities to a HK company guaranteed by a Turkish company. The guarantee will be subject to HK law. So, can it be enforceable?

rather unclear, therefore complex question. what kind of loan security you refer to? assignment of receivables, share pledge, lien, or simply a guarantee decleration? any assets in HK belonging to the company in Turkey? in principle, it should be enforceable, however, you should bear in mind the following principles under Turkish Private International and Procedure Law as the case may be.

1 -legal transactions are effected pursuant to the form, either provided by the law where they were concluded, or the law which is competent for the substance matter of the transaction.

2- The judge shall apply competent turkish and foreign conflict of law rules ex officio, and if the foreign conflict of law rules to be applied, only the substantive provisions of that law will be taken into account.

3- capacity to have rights is subject to the nationality of the concerned party. however, eventhough the foreigner is incapable pursuant to his national law, he is bound by the transaction concluded in turkey if he has capacity pursuant to Turkish law.

4- The title and other legal rights in connection to movable/immovable property is subject to the law where such property is located.as to the form, legal transactions relating to real rights on immovable property is subject to the law of the place where it is located.

5- obligations in relation to agreements are subject to the law chosen by the parties. if there is no choice of law, the place of performance shall apply. if it is more than one, then the law of place of performance of the main obligation in the contract shall apply. if this place can not be determined, then the law of the place closely connected with the contract applies.
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