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Oct 284 min read

Enforcement of Foreign Court Judgments in Turkey

The increase in global commerce and cross-border relations has given increasing importance to the recognition and enforcement of foreign court judgments in Turkey. This will ensure that the judicial decisions taken abroad get the same legal effect within Turkey as one taken inside Turkey, helping the cause of international transactions and dispute resolutions. The present article aims to explain how foreign court judgments may be enforced in Turkey, with a view toward explaining the legal frameworks and unique procedures involved.


Enforcement of Foreign Court Judgments in Turkey

Understanding Recognition and Enforcement

Recognition and enforcement, according to Turkish law, are two independent but interrelated processes under the International Private and Procedural Law (No. 5718, also known as MÖHUK). Recognition basically implies acknowledging the legal validity of a foreign judgment in Turkey, attributing the same effects as if it were a domestic judgment. Execution, on the other hand, enables the recognized judgment to be executed by the authorities in Turkey, and thereby allows the enforcement of compliance.


Legal Framework

The recognition and enforcement of foreign judgments in Turkey is mainly regulated by MÖHUK, enacted on 27 November 2007. This law authorizes the criteria and the procedure of recognition and also enforcement by following the standards that were set internationally and through bilateral treaties.


1. Recognition (Tanınma)

Recognition refers to the process of validating the legal effects of a foreign judgment in Turkey, without any enforcement action. It is normally requested for judgments that do not require effective enforcement but merely declaratory judgments or status determinations—like divorce decrees.


2. Enforcement (Tenfiz)

Enforcement, on the other hand, is quite rightly detailed in Article 50 of MÖHUK as it enables a foreign judgment to be executed in Turkey. This process is important for judgments that entail monetary awards or child custody orders, or any other mandates whose execution requires action.


Conditions for Recognition and Enforcement

A number of conditions must be satisfied for a foreign judgment to be recognized and enforced in Turkey:


1. Legal Reciprocity

Article 54 of MÖHUK requires reciprocity between Turkey and the state in which the judgment was rendered, meaning the foreign country must similarly recognize and enforce the Turkish judgments. This requirement can be met either through international treaties or by de facto practices.


2. Jurisdictional Requirements

The foreign court should have jurisdiction, and the judgement must not breach the exclusive jurisdiction of the Turkish courts. For example, a dispute related to Turkish real estate is under the exclusive jurisdiction of Turkish courts and cannot be decided by a foreign court.


3. Finality and Conclusiveness

The foreign judgment must be final and conclusive, in that it has passed through all possible appeals in the issuing country; a provisional or interlocutory judgment cannot be enforced.


4. Compliance with Turkish Public Policy

The judgement must not violate Turkish public policy (ordre public). This includes considerations of fairness, fundamental rights, and general principles of Turkish law. Any judgement contravening these principles will not be enforced.


5. Proper Notice and Representation

The parties to the case must have been duly served and afforded an opportunity to put their case forward with the foreign court. A judgment without due process will not be recognized nor will its enforcement be allowed.



Procedural Steps for Enforcement

The recognition and execution of a foreign judgment in Turkey will go ahead as follows:


1. Application for Enforcement: The applicant shall apply to a competent Turkish court for the enforcement. Such an application shall contain:

- The foreign judgment, or a copy of it authenticated,

- Proof that the judgment is final and binding, and

- A sworn Turkish translation of the above documents.


2. Judicial Review: The court will examine the petition to verify if such is couched in accordance with procedural and jurisdictional requirements. Said examination shall be limited to procedural matters and does not re-evaluate the merits of the case.


3. Answer by Adverse Party: The opposing party may challenge the enforcement by raising objections of either lack of reciprocity or violations of public policy. This could be taken into account by the court before giving its judgement.


4. Court Decision: If the court is satisfied that all the conditions are met, then it will issue an enforcement order; such an order will empower the foreign judgement to be executed in the same manner as a domestic judgement.


Issues and Considerations

Enforcing foreign judgments in Turkey might face the following problems:

Jurisdiction Issues: Sometimes it is difficult to determine the correct jurisdiction in the foreign court.

Public Policy: A general inarticulate public policy cannot be enforced.

Procedural Differences: Legal procedure differences among countries make it even more difficult.


Recognition and enforcement of foreign court judgments in Turkey are very material for upholding the integrity of international transactions and dispute resolutions. An explanation of the underlying legal preconditions and steps in the applicable procedure would help parties bargain better through the same. 


Our team, with experience, will be pleased to help you in all respects regarding the recognition and enforcement of foreign judgments in Turkey, definitely ensuring your rights and interests are fully protected.


For further detailed advice and help, please contact us at CCS Law.


Disclaimer: This article is intended for informational purposes only and does not constitute legal advice.

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