Introduction
In today’s globalized legal environment, cross-border disputes are increasingly common. International trade, foreign investment, and multinational family matters frequently result in court judgments rendered outside Turkey. However, a foreign court judgment does not automatically produce legal consequences within Turkish territory.
To be valid and enforceable in Turkey, a foreign judgment must go through a formal recognition and/or enforcement procedure before Turkish courts. This process is governed by specific statutory rules and subject to judicial review under Turkish public policy principles.
For foreign individuals and companies seeking to enforce a judgment in Turkey—whether related to commercial debt, contractual damages, divorce, custody, or compensation—understanding the recognition and enforcement of foreign judgments in Turkey is essential.
This article provides a detailed legal explanation of the applicable legislation, procedural steps, required conditions, possible objections, and strategic risks.
1. Legal Framework
The recognition and enforcement of foreign judgments in Turkey is primarily regulated by:
- International Private and Procedural Law (Law No. 5718 – MÖHUK)
Turkey is also party to certain bilateral and multilateral treaties that may affect reciprocity and enforcement rules.
MÖHUK distinguishes between:
- Recognition (Tanıma)
- Enforcement (Tenfiz)
The difference is crucial.
2. Recognition vs Enforcement
Recognition (Tanıma)
Recognition means:
- The foreign judgment is accepted as legally valid in Turkey.
- It produces legal consequences.
- No coercive execution occurs.
Common in:
- Divorce judgments
- Custody decisions
- Status determinations
Enforcement (Tenfiz)
Enforcement means:
- The foreign judgment is not only recognized but also executed.
- Coercive measures (asset seizure, bank attachment) become possible.
Required for:
- Monetary judgments
- Compensation awards
- Commercial debts
3. Competent Court
Applications for recognition and enforcement are filed before:
- Civil Courts of First Instance
- Commercial Courts (if dispute is commercial)
Jurisdiction is typically determined by:
- Defendant’s domicile in Turkey
- If none, place where assets are located
4. Conditions for Enforcement Under Turkish Law
Under MÖHUK, several strict conditions must be met.
1️⃣ Reciprocity
There must be:
- A treaty-based reciprocity
- De facto reciprocity
- Legal reciprocity
Turkish courts examine whether Turkish judgments would be enforced in the foreign country.
2️⃣ Final Judgment
The foreign decision must be:
- Final and binding under foreign law
- Properly certified
Interim decisions generally cannot be enforced.
3️⃣ Proper Jurisdiction
The foreign court must not have exercised:
- Jurisdiction exclusively reserved for Turkish courts
- Exorbitant jurisdiction
For example, disputes concerning immovable property in Turkey fall under exclusive Turkish jurisdiction.
4️⃣ Due Process Compliance
The defendant must have:
- Been properly notified
- Had opportunity to defend
Violation of defense rights may lead to refusal.
5️⃣ Public Policy Compliance
The judgment must not:
- Violate Turkish public order (kamu düzeni)
This is one of the most important review grounds.
5. Public Policy Review
Turkish courts conduct a limited public policy review.
They do not re-examine merits of the case.
However, enforcement may be refused if judgment:
- Contradicts fundamental Turkish legal principles
- Violates constitutional rights
- Involves excessive punitive damages
Punitive damages, common in US judgments, may raise public policy concerns.
6. Required Documents
Applicants must submit:
- Original foreign judgment
- Certificate of finality
- Apostille certification
- Sworn Turkish translation
Incomplete documentation causes delay or rejection.
7. Procedure
Recognition and enforcement cases follow standard civil procedure:
1️⃣ Filing petition
2️⃣ Service to defendant
3️⃣ Defendant objections
4️⃣ Court examination
5️⃣ Decision
If granted, enforcement may begin immediately.
8. Duration
The recognition and enforcement of foreign judgments in Turkey typically takes:
- 6–18 months
Appeals may extend timeline.
However, compared to relitigating case in Turkey, this process is efficient.
9. Enforcement After Court Approval
Once enforcement is granted:
- Decision becomes equivalent to Turkish judgment.
- Enforcement office may seize assets.
- Bank accounts may be frozen.
- Real estate may be auctioned.
Execution follows Enforcement and Bankruptcy Law procedures.
10. Recognition of Foreign Divorce Judgments
Recognition is particularly common in family law.
Foreign divorce decisions require recognition for:
- Civil registry update
- Remarriage
- Property regime settlement
Recent administrative reforms allow simplified recognition in some uncontested divorce cases through civil registry offices.
11. Refusal Grounds
Enforcement may be rejected if:
- No reciprocity
- Judgment not final
- Exclusive Turkish jurisdiction violated
- Due process violated
- Public policy breached
Courts do not review merits of dispute.
This is a formal review, not substantive retrial.
12. Strategic Risks for Foreign Companies
Foreign companies seeking enforcement in Turkey should consider:
- Asset tracing before filing
- Reciprocity status of country
- Public policy risks
- Currency fluctuation
- Possible appeal delays
If debtor has no assets in Turkey, enforcement may be symbolic.
13. Recognition vs Relitigation
Sometimes creditors consider filing new lawsuit in Turkey instead of seeking enforcement.
However:
- Relitigation is time-consuming
- Evidence must be re-presented
- Risk of inconsistent judgment exists
Recognition and enforcement is generally preferable.
14. Interim Measures During Enforcement
In urgent cases, creditor may request:
- Precautionary attachment (ihtiyati haciz)
- Asset freezing
Court may require security deposit.
This protects creditor during recognition proceedings.
15. Foreign Arbitral Awards vs Court Judgments
It is important to distinguish:
- Foreign court judgments (governed by MÖHUK)
- Foreign arbitral awards (governed by New York Convention)
Arbitral awards often face fewer reciprocity issues due to convention framework.
Conclusion
The recognition and enforcement of foreign judgments in Turkey provides an effective mechanism for cross-border legal cooperation. Turkish courts conduct a limited formal review focusing on reciprocity, jurisdiction, due process, and public policy—without revisiting the merits of the case.
For foreign individuals and companies, understanding this procedure is essential before attempting asset recovery or legal validation within Turkey. Proper documentation, strategic planning, and asset investigation significantly increase the chances of successful enforcement.
In an increasingly global legal landscape, recognition and enforcement mechanisms play a vital role in ensuring judicial continuity and protecting international legal rights within Turkish jurisdiction.
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