Introduction
Foreign nationals engaged in business or personal matters in Turkey may find themselves in situations requiring legal recourse. Turkish law grants foreign nationals the right to file lawsuits in Turkish courts under the principle of equal treatment. This guide provides a comprehensive overview of the legal process for foreign nationals, from understanding jurisdiction to preparing for litigation and enforcement.
1. Legal Basis and Equal Treatment Principle
According to Article 10 of the Turkish Constitution and Article 3 of the Turkish Civil Code, foreign nationals enjoy the same legal rights as Turkish citizens. They can initiate lawsuits, defend themselves in legal proceedings, and seek remedies through the Turkish judicial system.
However, there are some practical differences and considerations, especially in cross-border legal matters, that foreign nationals should be aware of.
2. Types of Cases Foreign Nationals Can File
Foreign nationals can bring a variety of cases before Turkish courts, including:
- Civil Disputes: Property claims, breach of contract, family law matters (divorce, inheritance).
- Commercial Cases: Business disputes, debt recovery, partnership conflicts.
- Administrative Cases: Challenging government decisions (e.g., residence permit rejections).
- Criminal Complaints: Reporting crimes or participating as a party in a criminal trial.
3. Jurisdiction of Turkish Courts for Foreign Nationals
The Turkish Code of Civil Procedure No. 6100 regulates jurisdiction rules. The competent court depends on the nature of the case and the location of the parties or subject matter.
- General Jurisdiction:
The general rule is that cases are filed in the court where the defendant resides or where the cause of action occurred. - Exclusive Jurisdiction:
In some matters, exclusive jurisdiction applies. For example:- Real estate disputes: Must be filed in the court where the property is located.
- Family law matters: Filed in the family court of the place where one spouse resides.
- International Jurisdiction:
When disputes involve foreign elements, such as a foreign party or international agreements, private international law rules may apply. The International Private and Procedural Law (IPPL) No. 5718 governs these situations.
4. Legal Representation and Power of Attorney (POA)
Foreign nationals can represent themselves or appoint a lawyer registered with a Turkish bar association.
- Power of Attorney (POA):
A foreign client must grant POA to their lawyer to allow the lawyer to act on their behalf in litigation.- POA can be issued at a Turkish notary or a Turkish consulate abroad.
- If issued abroad, the document must be apostilled and translated into Turkish.
5. Filing a Lawsuit: Step-by-Step Process
Step 1: Preparing the Petition
- The lawsuit starts with a petition (dava dilekçesi) that outlines the claims, supporting facts, and evidence.
- The petition must be submitted in Turkish, with translations of any foreign documents.
Step 2: Submitting the Petition to the Court
- The petition is filed at the competent court along with payment of the required court fees.
Step 3: Service of Process
- The court sends the petition to the defendant, notifying them of the lawsuit and providing a deadline to submit a defense.
Step 4: Exchange of Pleadings
- Both parties exchange written submissions (statements of claim, defense, and replies).
Step 5: Hearings and Evidence Presentation
- The court schedules hearings where parties can present evidence, call witnesses, and provide expert opinions if necessary.
Step 6: Court Decision and Judgment
- After evaluating the evidence, the judge renders a decision (hüküm). The written judgment is issued within a reasonable time after the final hearing.
6. Appeals and Legal Remedies
If the foreign party disagrees with the court’s decision, they may seek appellate review. The Court of Cassation (Yargıtay) is the highest appellate court in Turkey for civil and commercial matters.
- Time Limits:
- Appeals to higher courts must be filed within 15 days of receiving the written judgment.
- The time limits for administrative and criminal appeals may vary.
- Finality of Judgment:
- Once the appellate process is exhausted, the decision becomes final and binding.
7. Court Fees and Legal Costs
Foreign nationals must pay court fees and legal expenses, including lawyer fees, expert fees, and translation costs. In civil cases, the losing party is generally required to pay the legal costs of the winning party.
- Court Fee: Determined based on the amount in dispute or the type of claim.
- Lawyer Fees: Must comply with the minimum fee schedule set by the Union of Turkish Bar Associations.
8. Enforcing Foreign Judgments in Turkey
Turkey is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and bilateral treaties with several countries.
- Recognition of Foreign Judgments:
The foreign judgment must be recognized by a Turkish court to be enforceable. - Procedure:
- The applicant submits a recognition and enforcement request to the Turkish court.
- The court reviews whether the foreign judgment complies with Turkish public policy and reciprocity rules.
- Once recognized, the judgment becomes enforceable as a Turkish court decision.
9. Challenges and Practical Considerations for Foreign Nationals
- Language Barrier: All court proceedings are conducted in Turkish, requiring foreign parties to use certified translations.
- Court Delays: Litigation can be time-consuming, so alternative dispute resolution methods like arbitration or mediation may be preferable.
- Cultural and Legal Differences: Foreign nationals should seek legal advice to navigate procedural differences and local practices effectively.
- Residency Requirements: There are no residency requirements for filing lawsuits, but foreign nationals must ensure they comply with visa or permit regulations during court proceedings.
10. Practical Tips for Foreign Nationals
- Hire a Qualified Lawyer: Engage a lawyer who is experienced in both Turkish law and cross-border disputes.
- Prepare Documents Early: Ensure all documents are properly translated and, if necessary, apostilled.
- Budget for Legal Costs: Be prepared for court fees, legal expenses, and translation costs.
- Explore Alternative Dispute Resolution: Consider arbitration or mediation for faster resolutions.
- Monitor Deadlines: Pay close attention to filing deadlines to avoid procedural issues.
Conclusion
Foreign nationals have full access to the Turkish legal system and can effectively pursue their claims through Turkish courts. By understanding the legal framework, hiring qualified legal counsel, and adhering to procedural rules, foreign nationals can navigate the litigation process efficiently. Whether for business disputes, personal matters, or enforcement of foreign judgments, Turkey’s judicial system provides a fair and accessible forum for resolving legal issues.
Recommendations for Foreign Nationals
- Engage a Local Lawyer: Work with a Turkish lawyer to navigate procedural requirements.
- Plan for Documentation: Translate and apostille documents early to avoid delays.
- Consider Alternative Dispute Resolution: Use arbitration or mediation when appropriate to save time and costs.
- Stay Informed: Monitor legal proceedings and stay updated on deadlines and legal developments.
By following these steps, foreign nationals can effectively protect their legal rights and interests while pursuing litigation in Turkish courts.
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