How to Enforce a Foreign Court Judgment in Turkey
Cross-border business almost always means cross-border disputes. Winning a lawsuit abroad against a Turkish counterparty is only half of the job: if the debtor’s assets are in Turkey, you will eventually need to turn your foreign judgment into something that Turkish bailiffs can enforce.
Under Turkish law, foreign court judgments do not automatically have effect in Turkey. To make them enforceable, you must go through a specific court procedure called “enforcement of foreign judgments” (yabancı mahkeme ilamlarının tenfizi).
This guide explains, in practical terms, how that works and what international investors, banks and commercial parties really need to know.
1. Recognition vs Enforcement: What’s the Difference?
Turkish law distinguishes between:
- Recognition (tanıma) – the foreign judgment is acknowledged as valid and binding in Turkey (e.g. to prove a divorce, establish a status, or rely on res judicata), but no direct enforcement measures follow.
- Enforcement (tenfiz) – the foreign judgment is not only recognised but also declared directly enforceable, so that you can proceed to execution (garnishment, seizure, sale of assets) via Turkish bailiff offices.
If your goal is to collect money or force performance, you need enforcement. If you only need the judgment as a legal fact (for example, to prove that the parties are divorced, or that a company director was removed), recognition can be sufficient.
In practice, many claimants ask for both in the same lawsuit, and the court’s enforcement decision inherently includes recognition.
2. Legal Framework: Which Law Applies?
Enforcement of foreign court judgments in Turkey is mainly governed by:
- The Turkish International Private and Procedural Law (IPPL) – Law No. 5718,
- Relevant bilateral or multilateral treaties to which Turkey is a party (if any apply to your case),
- The general provisions of the Civil Procedure Code and Execution and Bankruptcy Law for the post-judgment enforcement phase.
If there is a conflict between IPPL and an applicable treaty, the treaty will usually prevail. For most commercial and civil judgments, however, IPPL is your primary reference.
3. When Can a Foreign Judgment Be Enforced in Turkey?
The core conditions can be grouped under four headings. A foreign judgment can be enforced in Turkey if:
- It is final and binding in the state where it was rendered.
- There is reciprocity between Turkey and that state (by treaty, law, or de facto practice).
- The foreign court had jurisdiction and Turkish courts do not have exclusive jurisdiction over the matter.
- The judgment does not violate Turkish public order and basic procedural guarantees (e.g. proper service, right to be heard).
Let’s break these down.
3.1 Final and Binding Judgment
The foreign judgment must be:
- Final – no ordinary appeal is pending or possible in the country of origin,
- Enforceable – it must be capable of enforcement there (not just an interim order).
You will normally prove this by:
- a finality certificate or similar document from the foreign court, and/or
- clear wording in the judgment that it is final and enforceable.
Interim measures, provisional remedies or decisions that merely establish facts without operative orders are usually not enforceable under this procedure (very limited exceptions aside).
3.2 Reciprocity Requirement
Turkish law requires some form of reciprocity between Turkey and the foreign state. This can be:
- Treaty-based reciprocity (a bilateral or multilateral convention on recognition and enforcement),
- Statutory reciprocity (the other state’s legislation in principle allows enforcement of Turkish judgments), or
- De facto reciprocity (court practice shows that enforcement of Turkish judgments is accepted in that country).
This is normally argued and proven by legal opinions, foreign law texts, or previous decisions. In many common trading partner states, this is not a problem, but it must be addressed – especially with less familiar jurisdictions.
3.3 Jurisdiction of the Foreign Court and Turkish Exclusive Jurisdiction
Turkish courts will ask:
- Was the foreign court’s jurisdiction compatible with IPPL conflict rules?
- Does Turkish law treat the matter as subject to exclusive jurisdiction of Turkish courts? (for example, some disputes about immovable property located in Turkey, or certain corporate matters)
If the case falls within an area where Turkish courts claim exclusive jurisdiction, enforcement may be refused even if the judgment is otherwise sound.
3.4 Public Order and Procedural Fairness
The foreign proceedings must not:
- clearly violate Turkish public order (e.g. manifestly unjust or incompatible with basic legal principles), or
- disregard fundamental procedural rights, such as:
- proper and timely service of the claim and summons,
- giving the defendant a reasonable opportunity to defend,
- an impartial tribunal.
The Turkish court does not re-try the merits. It does not ask whether the foreign court interpreted the law correctly. It only checks whether the process and outcome are fundamentally compatible with Turkish legal values.
4. Preparing for Enforcement: Documents You Need
Before filing in Turkey, you should gather and prepare:
- Original or duly certified copy of the foreign judgment
- with complete reasoning and operative part.
- Document proving finality
- e.g. a certificate from the foreign court that the judgment is final and enforceable, or that no ordinary appeal is pending.
- Apostille or consular legalisation
- Unless a special treaty says otherwise, the judgment and finality certificate must be apostilled under the Hague Apostille Convention or legalised via Turkish consulates.
- Sworn translation into Turkish
- All key documents (judgment, certificates) must be translated into Turkish by a sworn translator and usually notarised.
- If necessary, foreign law materials
- To prove reciprocity or certain aspects of foreign procedure, you may need expert opinions or official extracts of foreign law.
Your Turkish lawyer will typically coordinate the translation and notarisation phase, but obtaining a finality certificate and apostille can take time, so plan ahead.
5. Which Court in Turkey Is Competent?
Enforcement cases are filed before:
- Civil courts of first instance (Asliye Hukuk Mahkemesi), or
- Commercial courts of first instance (Asliye Ticaret Mahkemesi), if the underlying dispute is commercial in nature.
Jurisdiction is usually based on:
- the domicile or habitual residence of the debtor in Turkey, or
- if the debtor has no domicile, the location of their assets.
If neither is available, the parties may agree on a competent court within certain limits, or special rules may apply. In practice, you will often sue where enforcement is most likely to be effective – where the debtor’s property or bank accounts are located.
6. The Enforcement Lawsuit: Step-by-Step
6.1 Filing the Lawsuit
Your lawyer files a statement of claim (dava dilekçesi) with:
- identification of the parties,
- details of the foreign judgment (court, date, case number),
- a summary of the dispute and relief granted,
- legal arguments showing that IPPL conditions are met,
- the list of attachments (judgment, finality certificate, translations, apostille, etc.),
- a clear request for enforcement (and recognition, if desired).
The case is then assigned to a court and a file number.
6.2 Notification to the Debtor
The Turkish court will serve the lawsuit and hearing date on the judgment debtor. They have the right to:
- appear,
- file a defence,
- contest the enforcement conditions (but not re-litigate the merits).
If they do not respond or appear, the court may proceed and decide based on the claimant’s evidence.
6.3 Scope of Court Review
The court examines only the conditions for enforcement:
- finality of the judgment,
- reciprocity,
- jurisdiction and absence of Turkish exclusive jurisdiction,
- public order and basic procedural guarantees.
It does not reassess evidence, interpret foreign law anew, or question the correctness of the foreign court’s legal reasoning. The idea is to respect foreign judgments subject to basic safeguards.
6.4 Hearing and Decision (Enforcement Decree)
After reviewing the documents and any submissions, the court issues a decision:
- Granting enforcement – in whole or in part, or
- Refusing enforcement – if one or more conditions are not met.
If enforcement is granted, the foreign judgment becomes as enforceable as a Turkish court judgment. The decision will state that the foreign judgment is recognised and can be enforced, often by replicating the operative wording in Turkish.
7. Appeal and Finality of the Enforcement Decision
The court’s decision on enforcement is subject to:
- Appeal (istinaf) before the regional appellate courts, and
- In some cases, further review by the Court of Cassation (Yargıtay).
Only once these avenues are exhausted (or not pursued within deadlines) does the enforcement decision become final.
At that point, it has the same status as a final domestic judgment.
8. Actual Enforcement: Turning the Judgment into Money
After obtaining a final enforcement decision, you can start execution proceedings through the Turkish enforcement offices (icra daireleri), just as you would with a Turkish judgment. This may include:
- attachment of bank accounts,
- seizure and sale of movable assets,
- enforcement over immovable property,
- garnishment of receivables owed to the debtor by third parties.
The procedural steps are governed by Turkey’s Execution and Bankruptcy Law, not IPPL. Your enforcement strategy will depend on what assets the debtor has in Turkey and how cooperative or evasive they are.
9. Special Situations and Practical Tips
9.1 Money Judgments vs Non-Monetary Judgments
Enforcement is more straightforward for money judgments (payment of a specific amount).
Non-monetary judgments (e.g. specific performance, injunctions, status decisions) can still be enforced or recognised, but:
- the court will examine more carefully whether the requested measure is compatible with Turkish public order and procedural rules,
- some types of orders (especially broad, ongoing obligations) can be more difficult to translate into Turkish execution procedures.
9.2 Multiple Defendants and Partial Enforcement
If the foreign judgment involves multiple defendants, or grants several different types of relief, the Turkish court can:
- enforce it partially,
- refuse specific parts that conflict with public order or jurisdiction rules.
This flexibility can be useful where, for example, only some of the parties have assets in Turkey.
9.3 Interim Relief During Enforcement Lawsuit
In some cases, you may seek interim measures in Turkey (such as a precautionary attachment over assets) while the enforcement lawsuit is pending, especially if you fear asset dissipation.
The availability and requirements for such measures depend on:
- the nature of your claim,
- the strength of your foreign judgment,
- whether you can provide security.
9.4 Arbitration Awards Are Different
Note that foreign arbitral awards follow a different regime (New York Convention, IPPL arbitration provisions, International Arbitration Law).
The procedure and conditions are similar in spirit (public order, due process, arbitrability) but technically distinct. Make sure you are using the correct route for your decision: foreign court judgment vs foreign arbitral award.
10. Key Takeaways for Foreign Creditors
- A foreign judgment alone is not enough – it must be converted into an enforceable Turkish decision through an enforcement lawsuit.
- Focus your preparation on documents: finality confirmation, apostille, clean translations and, where needed, proof of reciprocity.
- Turkish courts do not re-try the case, but they will carefully examine jurisdiction, reciprocity, public order and procedural fairness.
- Once you obtain a final enforcement decision, you can use all ordinary Turkish execution tools to collect against the debtor’s assets.
- Working with experienced Turkish counsel from the outset will save time, avoid avoidable refusals and help you design a realistic enforcement strategy based on where the debtor’s assets are located.
Handled properly, the enforcement procedure in Turkey is a powerful bridge between your victory abroad and actual recovery on the ground.
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