Many foreign creditors believe that once they have a final court judgment or arbitral award from their own country, they can immediately seize assets in Turkey. Under Turkish law this is not possible. Before you can start “ilamlı icra” (enforcement based on a judgment) in Turkey, you must usually obtain a recognition and enforcement decision (“tenfiz kararı”) from a Turkish court.
1. A foreign judgment is not automatically enforceable in Turkey
A judgment from a foreign court – for example an English High Court judgment or a Dubai Court judgment – does not have the same effect as a Turkish court judgment. It is treated as a foreign judgment and must pass through a separate procedure under Turkish private international law (commonly referred to as Law No. 5718).
Only after the Turkish court grants enforcement (tenfiz) can the foreign judgment be used like a Turkish judgment: you may then apply to the enforcement office (icra dairesi) and start ilamlı takip to seize assets such as bank accounts, real estate or shares.
If you skip this step and file an ilamlı takip directly with a foreign judgment, the debtor can object and the enforcement office or court will typically stop the proceedings.
2. Recognition vs. enforcement: why “tenfiz davası” matters
For money judgments, what you need is an enforcement (tenfiz) decision. The case is filed before a Turkish court of first instance, and the court checks a limited number of conditions, such as:
- Whether the foreign judgment is final and binding in its country of origin.
- Whether there is reciprocity (mütekabiliyet) between Turkey and that state, or a relevant treaty.
- Whether the foreign judgment is not contrary to Turkish public policy (kamu düzeni).
- Whether the defendant’s right to defence was respected (proper service, chance to be heard).
If these conditions are met, the court issues a tenfiz kararı. This decision can then be used as the basis for ilamlı icra. Without it, your foreign judgment is essentially just strong evidence, not an enforceable title.
Sometimes, foreign creditors also seek recognition (tanıma) only, for example to rely on a status judgment (divorce, paternity, etc.) without immediate enforcement. For debt collection however, tenfiz is the key.
3. Public policy and reciprocity objections
Debtors in Turkey frequently raise public policy (kamu düzeni) and reciprocity (mütekabiliyet) objections in order to resist enforcement.
- Public policy: If the result of enforcing the foreign judgment would clearly conflict with fundamental principles of Turkish law – for example, a judgment obtained through a procedure that violates basic defence rights – the Turkish court may refuse enforcement or limit it. This is not a re-trial on the merits; the court does not re-examine the underlying dispute, but it can refuse to enforce outcomes that grossly contradict Turkish legal standards.
- Reciprocity: For some countries, Turkish courts look at whether Turkish judgments are, in practice or by treaty, recognised and enforced in that country. If there is no treaty, no legal basis and no practice of enforcement, the debtor can argue that reciprocity is missing and enforcement should be refused. In many modern commercial relationships, this condition is satisfied, but it must be checked case-by-case.
Because of these possible objections, it is important to prepare the tenfiz lawsuit carefully, with proper documentation, translation, legalisation/apostille and a clear explanation of why these conditions are met.
4. Foreign arbitral awards and the New York Convention
Foreign arbitral awards are generally subject to a different regime from foreign court judgments. Turkey is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This means that, for many international awards, the creditor can rely on the Convention and the relevant provisions of Turkish international arbitration law.
However, even under the New York Convention, enforcement of a foreign arbitral award in Turkey is not automatic. The creditor must file an enforcement action before a Turkish court. The debtor can raise certain limited objections, such as:
- Invalid arbitration agreement or lack of capacity,
- Serious violations of due process or inability to present its case,
- Award dealing with issues beyond the scope of the arbitration agreement,
- Award not yet binding or set aside at the seat of arbitration,
- or that enforcement would violate Turkish public policy.
Only after the Turkish court grants enforcement of the arbitral award can the creditor proceed to ilamlı icra and seize assets in Turkey. In practice, foreign creditors often underestimate this phase and lose time because their documents are incomplete or their application is procedurally defective.
5. Practical tips for foreign creditors
If you are planning to enforce a foreign court judgment or arbitral award in Turkey:
- Plan for a two-step process: (1) court action for recognition/enforcement, (2) enforcement proceedings (ilamlı icra) before the enforcement office.
- Ensure all documents (judgment/award, proof of finality, service documents, arbitration agreement, etc.) are properly legalised/apostilled and translated into Turkish.
- Anticipate public policy and reciprocity objections and prepare a legal argument addressing them in advance.
- Identify the debtor’s assets in Turkey (real estate, bank accounts, shares, receivables) early, so that once the tenfiz decision is obtained you can move quickly with enforcement measures.
A well-structured tenfiz strategy can turn a “paper victory” obtained abroad into real recovery from assets located in Turkey.
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