Recognition and Enforcement of Foreign Judgments in Turkey: Legal Framework, Challenges, and Solutions

Introduction

The recognition and enforcement of foreign court judgments are critical for ensuring legal cooperation and effective dispute resolution across borders. In Turkey, these processes are governed by both national and international legal frameworks. Foreign judgments cannot be automatically executed; they must go through a judicial process to ensure compliance with Turkish public policy and legal standards. This article explores the legal framework, procedures, and challenges associated with the recognition and enforcement of foreign judgments in Turkey.

Legal Framework Governing Recognition and Enforcement

1. Law on Private International Law and Procedural Law (Law No. 5718)
   • This law regulates the conditions and procedures for the recognition and enforcement of foreign judgments in Turkey.
   • Recognition refers to the acknowledgment of a foreign court’s judgment to produce legal effects within Turkey. Enforcement enables the execution of monetary or other enforceable claims awarded by a foreign court.
2. Bilateral and Multilateral Agreements
   • Turkey has signed several bilateral agreements with other countries to facilitate the mutual recognition and enforcement of judgments. Additionally, Turkey is a party to some multilateral conventions, such as the Hague Convention on the Recognition and Enforcement of Foreign Judgments for family law matters.

Requirements for Recognition and Enforcement

For a foreign judgment to be recognized and enforced in Turkey, the following conditions must be met under Law No. 5718:

1. Finality of the Foreign Judgment
   • The judgment must be final and binding according to the laws of the country where it was issued.
2. Jurisdiction of the Foreign Court
   • The foreign court must have had proper jurisdiction over the dispute, and the judgment must not infringe upon the exclusive jurisdiction of Turkish courts.
3. Reciprocity Principle
   • The principle of reciprocity must exist between Turkey and the country where the judgment was issued, meaning Turkish judgments must also be enforceable in the foreign jurisdiction.
4. Public Policy Compliance
   • The foreign judgment must not violate Turkish public policy. For example, judgments that conflict with mandatory Turkish legal norms (such as inheritance rights or family law provisions) may be denied recognition.
5. Due Process and Notice Requirements
   • The judgment must have been issued with respect for due process and the defendant’s right to be heard.

Procedure for Recognition and Enforcement

1. Filing a Petition with the Competent Court
   • The process begins with the filing of a petition for recognition or enforcement at the civil court of first instance in the jurisdiction where the enforcement is sought.
2. Supporting Documents
   • The petitioner must submit:
     • A certified copy of the foreign judgment.
     • Proof of the judgment’s finality.
     • A Turkish translation of the judgment, certified by a sworn translator.
3. Court Review and Decision
   • The Turkish court will review the petition to ensure the foreign judgment meets the legal requirements. If all conditions are satisfied, the court will issue a decision allowing the recognition or enforcement of the judgment.
4. Appeal Process
   • The respondent may appeal the decision within two weeks if they believe the judgment violates public policy or other legal norms.

Challenges in Recognition and Enforcement

1. Public Policy Objections
   • One of the most common reasons for refusal is a conflict with Turkish public policy. For example, a foreign judgment awarding excessive interest rates may be rejected by Turkish courts.
2. Jurisdictional Conflicts
   • Disputes may arise when foreign judgments concern matters within the exclusive jurisdiction of Turkish courts, such as real estate located in Turkey or family law matters involving Turkish nationals.
3. Lack of Reciprocity
   • If the foreign country does not offer reciprocal enforcement for Turkish judgments, the Turkish court may refuse to enforce the foreign judgment.

Conclusion

The recognition and enforcement of foreign judgments in Turkey reflect the country’s efforts to promote legal cooperation while safeguarding national interests through public policy and reciprocity principles. Although the legal framework provides clarity on the procedure, challenges related to public policy, jurisdictional conflicts, and reciprocity often complicate the process. To navigate these complexities, engaging legal counsel with expertise in private international law is essential. Clear and well-documented judgments that respect Turkish legal norms and procedural requirements are more likely to be recognized and enforced successfully.