When a foreign debtor is faced with court or enforcement proceedings in Turkey, a very common first reaction is:
“My domicile is not in Turkey, my commercial center is abroad, therefore you cannot start proceedings here.”
Under Turkish law, things are more nuanced. International jurisdiction is governed mainly by the Code of Civil Procedure (HMK) and the Private International Law and International Civil Procedure Act (often called the Turkish PIL Code). These rules mean that, in many situations, Turkish courts and enforcement offices can still act against a foreign debtor, especially where assets are located in Turkey.
This article gives foreign debtors a realistic picture of what jurisdiction objections can – and cannot – achieve.
1. International jurisdiction follows internal jurisdiction
A key principle of Turkish private international law is that international jurisdiction generally follows the internal (domestic) jurisdiction rules. In other words, if a Turkish court would be territorially competent in a purely domestic case under HMK (for example, because the place of performance, the branch, or the harmful event is in Turkey), it will usually also have international jurisdiction in a case involving a foreign party.
Therefore, even if:
- Your domicile is abroad, and
- Your registered seat or commercial center is in another country,
a Turkish court may still have jurisdiction if:
- The contract was to be performed in Turkey (place of delivery, payment, service, etc.),
- The dispute relates to a branch or permanent establishment in Turkey, or
- The harmful event (for tort claims) occurred or had its effect in Turkey.
Simply stating “I do not live in Turkey” is therefore not, by itself, a full jurisdiction defence.
2. Enforcement (icra takibi) and assets in Turkey
For enforcement proceedings (icra takibi), the focus is not only on where you live, but also on where your assets are. Even if you are a foreign debtor with no domicile in Turkey, enforcement may be initiated:
- At the place where the debt is to be paid, if that place is in Turkey, or
- At the place where the assets to be seized are located (real estate, bank accounts, receivables from Turkish counterparties, movable assets).
From a practical perspective, once you hold assets in Turkey, it is very difficult to completely shield yourself from Turkish enforcement mechanisms by relying only on the argument that your centre of life or business is abroad.
However, you do have the right to raise a jurisdiction objection and to insist that the creditor shows the legal connection that gives the Turkish enforcement office or court competence over you.
3. How and when to raise a jurisdiction objection
Under Turkish procedural law, jurisdiction objections must be raised in time. If you participate in proceedings on the merits without objecting, you may be deemed to have accepted the jurisdiction of the Turkish court (tacit prorogation).
Key points for foreign debtors:
- In a lawsuit on the merits, jurisdiction must usually be challenged in the first response (answer petition). If you only argue about the substance (for example, “I do not owe this money”) and forget jurisdiction, you may lose that defence.
- In certain enforcement-related court proceedings (such as actions to annul or stay enforcement), the same principle applies: jurisdiction must be raised at the first possible stage.
- In pure enforcement before the enforcement office (icra dairesi), the objection route is more technical; you may need to use specific remedies (complaints to the enforcement court, objections within strict deadlines).
A late or improperly formulated jurisdiction objection might be rejected even if, in theory, there were valid arguments about your domicile or centre of business.
4. Jurisdiction agreements and their limits
Commercial parties often sign agreements that include:
- A jurisdiction clause in favour of foreign courts,
- A choice-of-court agreement in favour of a particular Turkish court, or
- An arbitration clause (international commercial arbitration).
As a foreign debtor, you can rely on such clauses when they are valid, clear and applicable to the dispute. In many international commercial cases, Turkish courts respect properly drafted jurisdiction agreements.
However, there are important limits:
- Jurisdiction agreements cannot usually exclude Turkish courts where Turkish law grants them exclusive jurisdiction (for example, certain immovable property or company law matters).
- Even with a foreign court or arbitration clause, Turkish courts may still be asked to grant interim measures or allow enforcement of a foreign judgment or arbitral award against assets in Turkey.
- A jurisdiction agreement must meet formal and substantive conditions; vague, contradictory or one-sided clauses can be challenged.
So, while a jurisdiction clause can be a powerful tool for a foreign debtor, it does not automatically prevent any form of Turkish proceedings, especially at the enforcement stage.
5. Practical guidance for foreign debtors
If you are a foreign debtor facing proceedings in Turkey, you should:
- Obtain a full translation and legal analysis of the claim, enforcement documents and the underlying contract.
- Check every possible jurisdictional connection with Turkey: place of performance, branch, harmful event, assets.
- Review any jurisdiction or arbitration clauses carefully to see whether they truly cover this dispute and whether they are enforceable.
- Make sure jurisdiction objections are raised timely and in the correct procedural form, so they are not lost by silence or late action.
- Consider that, even if a foreign court or arbitration is the main forum, Turkish enforcement against local assets may still be unavoidable.
A well-prepared jurisdiction strategy does not guarantee that Turkish courts or enforcement offices will step aside, but it can significantly improve your position in negotiations and litigation.
Yanıt yok