Introduction

Winning a lawsuit abroad does not always mean that the judgment can immediately be used in Turkey.

An English company may obtain a judgment against a Turkish debtor in London.

A German court may order payment of compensation against a person who owns assets in Turkey.

A U.S. court may issue a final monetary judgment against a Turkish company.

A foreign couple may divorce before a French, Dutch, British or American court while one spouse remains registered as married in Turkey.

A foreign court may determine child support, compensation, contractual liability or another private-law dispute involving a person or business with assets in Turkey.

In all these situations, one central question arises:

What legal effect does the foreign judgment have in Turkey?

As a general rule, a foreign judgment does not become directly enforceable in Turkey simply because it is valid and enforceable in the country where it was issued.

Turkish law distinguishes between:

Recognition — Tanıma

and

Enforcement — Tenfiz.

Recognition allows a foreign judgment to produce certain legal effects in Turkey, particularly its res judicata and conclusive evidentiary effect.

Enforcement goes further. It allows the operative obligations contained in a foreign judgment—such as an order to pay money—to be enforced through Turkish execution mechanisms.

The principal statutory framework is found in Law No. 5718 on International Private and Procedural Law — Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun (MÖHUK).

Articles 50 to 59 regulate the recognition and enforcement of foreign court judgments. Article 1 also expressly provides that international treaties to which Türkiye is a party remain reserved, meaning that a bilateral or multilateral convention may modify the ordinary statutory analysis in a particular case.

For international companies, creditors, foreign spouses and individuals holding judgments against persons with Turkish assets, the recognition and enforcement procedure can therefore be the bridge between:

“I won my case abroad”

and

“I can actually use that judgment in Turkey.”

What Is Recognition of a Foreign Judgment in Turkey?

Recognition means that Turkish law accepts certain legal effects of the foreign court judgment without necessarily granting it direct enforcement power.

Article 58 of MÖHUK provides that a foreign judgment can be treated as conclusive evidence or res judicata in Turkey when the court determines that the relevant statutory conditions are satisfied.

Importantly, the reciprocity requirement applicable to enforcement under Article 54/1(a) does not apply to recognition.

Recognition is therefore particularly important where the judgment does not require coercive execution.

For example, a foreign judgment may determine:

• whether a marriage has ended;
• a person’s legal status;
• a previously adjudicated private-law issue;
• the existence or non-existence of a legal relationship; or
• another question whose effect in Turkey depends primarily on acceptance of the foreign judgment rather than seizure of assets.

The practical purpose of recognition is to prevent the parties from having to re-litigate an issue that has already been finally determined by the foreign court, provided the judgment satisfies Turkish recognition requirements.

What Is Enforcement — Tenfiz?

Enforcement is required when the successful party wants to compel performance in Turkey.

Article 50 of MÖHUK provides that a final foreign court judgment concerning a civil matter can be executed in Türkiye only after a competent Turkish court grants an enforcement decision.

The statute also permits enforcement of provisions concerning personal rights contained in foreign criminal judgments.

A common example is a foreign money judgment.

Assume that a London court orders a Turkish company to pay:

GBP 750,000 plus interest and costs.

The claimant discovers that the company has:

• Turkish bank accounts;
• real estate in Istanbul;
• vehicles;
• receivables from Turkish customers; and
• other assets in Türkiye.

The English judgment cannot normally simply be submitted directly to a Turkish enforcement office as though it were already a Turkish judgment.

The claimant first needs to obtain a Turkish tenfiz decision.

Once enforcement has been granted, Article 57 provides that the foreign judgment is executed in the same manner as a judgment issued by a Turkish court.

Recognition vs Enforcement: Which One Do You Need?

The simplest distinction is this:

Recognition answers:
“Will Turkish law accept the legal effect of this foreign judgment?”

Enforcement answers:
“Can Turkish enforcement authorities compel the losing party to perform the judgment?”

If a judgment merely needs to establish a legal status or res judicata effect, recognition may be sufficient.

If the judgment orders someone to:

• pay money;
• deliver an asset;
• perform an enforceable obligation; or
• comply with another coercively enforceable order,

enforcement will generally be required.

An enforcement decision necessarily gives the foreign judgment a stronger legal effect because it enables Turkish compulsory execution.

What Foreign Judgments Can Be Enforced in Turkey?

MÖHUK Article 50 requires a judgment:

1. issued by a foreign court;
2. concerning a civil-law matter; and
3. which has become final under the law of the country where it was issued.

These requirements are fundamental.

A document issued by a private body is not automatically a foreign court judgment.

Likewise, an interim order that has not reached the legally required final status may fail the Article 50 requirement.

The characterization of the foreign decision must therefore be reviewed before preparing the Turkish application.

Finality of the Foreign Judgment Is Essential

One of the most common problems in recognition and enforcement proceedings is failure to prove that the foreign judgment is final.

Article 50 requires finality under the law of the country where the judgment was rendered.

Article 53 then requires the applicant to submit both:

• a duly authenticated original or certified copy of the judgment; and
• a duly authenticated document showing that the judgment has become final,

together with certified translations.

A judgment that merely states:

“Judgment dated 15 January 2026”

may not be enough if the document does not establish whether:

• the appeal period expired;
• an appeal was dismissed;
• the judgment became legally final;
• or the relevant foreign legal system treats the judgment as final and enforceable.

Foreign litigants should therefore obtain the finality certificate or equivalent document before filing the Turkish case.

Documents Required for Recognition or Enforcement

Article 53 of MÖHUK specifically requires the enforcement application to include:

• the duly authenticated original foreign judgment or a duly certified copy issued by the relevant judicial authority;
• a certified Turkish translation;
• a duly authenticated certificate or document showing that the judgment is final under the law of the country of origin; and
• a certified translation of that finality documentation.

Depending on the country of origin, authentication may involve:

• an apostille;
• consular legalization;
• a bilateral treaty procedure; or
• another legally accepted authentication mechanism.

The exact route depends on the relationship between Türkiye and the country issuing the judgment.

Does the Judgment Need an Apostille?

Frequently, yes—but not universally.

Türkiye is a contracting state to the 1961 Hague Apostille Convention, which replaces traditional diplomatic legalization with an apostille between states where the Convention applies.

If the foreign judgment originates in another country for which the Apostille Convention operates in relation to Türkiye, obtaining an apostille is commonly the appropriate method of authenticating:

• the judgment;
• the finality certificate; or
• other relevant official documentation.

However, the precise procedure should always be checked because:

• some bilateral treaties may simplify authentication;
• special treaty regimes may exist;
• the issuing country may use electronic apostilles;
• or a different legalization structure may apply.

An apostille proves the official origin of the document. It does not mean that Türkiye has already accepted or enforced the judgment.

The recognition or enforcement analysis still takes place separately.

Is Turkish Translation Required?

Yes.

Article 53 expressly requires certified translations of the foreign judgment and finality document.

The translation should cover the complete material document package, not merely a short extract of the operative provision.

For a complicated commercial judgment, this can include:

• parties;
• factual background;
• procedural history;
• reasoning;
• operative judgment;
• costs;
• interest provisions;
• and finality endorsements.

Incomplete translations can cause delay or create disputes about what exactly the foreign court decided.

Which Turkish Court Has Jurisdiction?

Article 51 of MÖHUK provides that enforcement decisions are issued by an asliye court.

Territorial jurisdiction is determined primarily according to the person against whom enforcement is requested.

The application is filed before the court of:

1. that person’s place of residence in Türkiye;
2. if no residence exists, the place where that person is staying; or
3. if neither exists in Türkiye, one of the courts in Ankara, Istanbul or Izmir.

The nature of the underlying dispute may also affect the specialized court structure in practice.

For example, family-law judgments are generally handled within the family-court structure where a family court exists, while commercial judgments can raise questions concerning commercial-court specialization.

The correct court should therefore be determined after examining both MÖHUK and the substantive nature of the foreign judgment.

Who Can Request Enforcement?

Article 52 provides that anyone having a legal interest in enforcement may request it.

The application is made by petition.

The petition must identify matters including:

• applicant;
• opposing party;
• their representatives where applicable;
• foreign court;
• judgment date and number;
• summary of the judgment; and
• where only partial enforcement is requested, the specific part for which enforcement is sought.

This last point is important.

Turkey permits partial enforcement.

A foreign judgment does not necessarily need to be accepted or rejected as an indivisible whole.

Can Only Part of a Foreign Judgment Be Enforced?

Yes.

Article 52 expressly allows the applicant to request enforcement of only part of the foreign judgment, and Article 56 authorizes the Turkish court to grant enforcement in whole or in part or reject the application.

This can be useful where a foreign judgment contains several distinct orders.

For example, a divorce judgment may include:

• divorce;
• custody;
• child support;
• property division;
• compensation; and
• costs.

Different parts may require different treatment under Turkish law.

Similarly, a commercial judgment may contain an enforceable money award alongside provisions that cannot properly be enforced in Türkiye.

The Four Main Enforcement Conditions Under Article 54

Article 54 contains the central statutory test.

A Turkish court will examine four principal areas:

1. Reciprocity
2. Turkish exclusive jurisdiction / excessive foreign jurisdiction
3. Public policy
4. Due process and right of defence

Each requires separate consideration.

1. Reciprocity — Mütekabiliyet

For enforcement, Article 54/1(a) requires reciprocity between Türkiye and the state where the judgment was issued.

Reciprocity may be established through:

• an international agreement;
• legislation in the foreign state allowing enforcement of Turkish judgments; or
• actual practice showing that Turkish judgments can be enforced there.

This is often misunderstood.

Türkiye does not require a bilateral treaty with every country before a foreign judgment can ever be enforced.

Statutory or factual reciprocity may also be sufficient.

The reciprocity analysis must therefore be performed country by country.

Recognition Does Not Require Reciprocity

A particularly important distinction appears in Article 58.

Recognition is subject to the enforcement conditions except for Article 54/1(a).

In other words:

Reciprocity is required for enforcement but not for recognition.

This can make recognition available in situations where coercive enforcement would face an additional reciprocity issue.

2. Exclusive Jurisdiction of Turkish Courts

A foreign judgment cannot be enforced if it concerns a matter falling within the exclusive jurisdiction of Turkish courts.

Article 54/1(b) expressly contains this limitation.

The issue is especially important in disputes closely connected with Turkish sovereign judicial authority.

A classic area requiring caution is rights directly concerning real estate situated in Türkiye.

For example, a foreign judgment purporting directly to create or transfer an in rem property right over Turkish land may encounter a serious enforcement obstacle.

However, not every dispute merely connected with Turkish property automatically falls into the same category.

A contractual claim for money relating to a property transaction, for example, requires separate analysis from a judgment directly altering registered ownership.

Excessive Foreign Jurisdiction

Article 54/1(b) contains a second jurisdictional safeguard.

Where the defendant objects, enforcement may be denied if the foreign judgment was issued by a court that assumed jurisdiction despite the dispute or parties having no real connection with that state.

This prevents enforcement of judgments based on extreme or artificial jurisdictional claims.

The rule does not mean that a Turkish court simply applies Turkish jurisdiction rules to the foreign case.

The statutory question is whether the foreign state’s jurisdiction lacked a genuine connection within the meaning of Article 54.

3. Turkish Public Policy — Kamu Düzeni

A foreign judgment cannot be enforced where its enforcement would be manifestly contrary to Turkish public policy.

Article 54 deliberately uses a high threshold: the incompatibility must be clear or manifest.

This concept should not be misunderstood as:

“The foreign court applied a rule different from Turkish law, therefore enforcement must be refused.”

That is not the Turkish approach.

The Court of Cassation’s General Assembly of Civil Chambers has emphasized that an enforcement court cannot reject a foreign judgment merely because the foreign court used different substantive or procedural rules.

The Turkish judge examines whether enforcement of the result and its consequences in Türkiye would be manifestly incompatible with Turkish public policy, rather than conducting a new merits review of the foreign case.

The Turkish Court Does Not Retry the Foreign Case

Recognition and enforcement proceedings are not normally a second trial on the merits.

The Turkish enforcement judge does not function as an appellate court reviewing whether the foreign judge:

• interpreted the contract correctly;
• believed the right witness;
• calculated damages perfectly;
• interpreted foreign law correctly; or
• reached the result a Turkish judge would personally have reached.

The Court of Cassation’s General Assembly has expressly stated that, under the MÖHUK system, the enforcement judge cannot review the foreign judgment on its merits or test its substantive legal correctness beyond the statutory enforcement conditions.

This principle is commonly described as the prohibition on révision au fond.

It is one of the most important protections of international judgment finality.

Public Policy Is Not a General Appeal Mechanism

Suppose a U.S. court awards damages using a methodology different from the method commonly used by Turkish courts.

That difference alone does not necessarily establish a public-policy violation.

Similarly, a foreign judgment is not automatically contrary to Turkish public policy because:

• the procedural system was different;
• discovery rules were broader;
• the foreign judge interpreted evidence differently;
• or the applicable foreign law produced a different substantive result.

The question is whether recognition or enforcement in Türkiye would produce a result manifestly incompatible with fundamental Turkish legal principles.

4. Proper Service and Right of Defence

The right to defence is another critical enforcement condition.

Article 54/1(ç) protects the person against whom enforcement is requested where, under the law of the foreign country, that person:

• was not properly summoned;
• was not represented;
• or the judgment was improperly issued in their absence,

provided the person raises the relevant objection before the Turkish court.

This issue frequently arises with default judgments.

A foreign default judgment is not automatically unenforceable in Turkey.

The important question is whether the defendant was given a proper and legally meaningful opportunity to participate in the foreign proceedings.

Can a Default Judgment Be Enforced?

Potentially, yes.

The fact that the defendant did not appear does not automatically make enforcement impossible.

The Turkish court will examine the Article 54 defence-right requirements where properly invoked.

Relevant evidence may include:

• foreign summons;
• proof of service;
• postal receipt;
• diplomatic service documents;
• electronic service documents where legally valid;
• appearance records;
• lawyer appointment;
• or other evidence showing notice and opportunity to defend.

This is one reason the original plaintiff should preserve the complete foreign procedural file.

What Objections Can the Defendant Raise?

Article 55 restricts the nature of the objections available in an enforcement proceeding.

The opposing party may argue that:

• the statutory enforcement conditions are absent;
• the foreign judgment has already been partly or fully performed; or
• a circumstance has arisen preventing enforcement.

The proceeding is not intended to reopen every argument previously litigated before the foreign court.

This greatly distinguishes enforcement proceedings from an ordinary new civil lawsuit.

Procedure Before the Turkish Court

Article 55 requires the enforcement petition and hearing date to be served on the opposing party.

The application is examined under the simplified procedure.

This does not mean enforcement is automatic.

The court still needs to examine the relevant statutory conditions and any valid objections.

International service of the Turkish proceedings can itself become a significant practical step where the defendant lives abroad.

What Happens After Enforcement Is Granted?

Article 57 provides that a foreign judgment for which enforcement has been granted is executed like a Turkish court judgment.

This means that a successful judgment creditor may move into the Turkish execution stage and pursue qualifying debtor assets according to Turkish enforcement law.

Potential targets can include:

• Turkish bank accounts;
• real estate;
• vehicles;
• receivables from third parties;
• company assets;
• and other attachable property.

The recognition/enforcement proceeding should therefore ideally be planned together with an asset-recovery strategy.

Winning enforcement against a debtor with no identifiable assets may have limited immediate commercial value.

Foreign Money Judgments

Foreign money judgments are among the most commercially important enforcement cases.

Assume a German company obtains a final judgment against a Turkish distributor for:

EUR 2,000,000.

If the debtor refuses voluntary payment, the German creditor may seek enforcement of the judgment in Turkey.

A well-prepared file should establish:

• finality;
• authenticity;
• reciprocity;
• proper service;
• absence of exclusive Turkish jurisdiction;
• absence of manifest public-policy conflict; and
• precise amount awarded.

After enforcement, execution against Turkish assets can then be pursued according to Turkish law.

Interest, Costs and Other Monetary Components

A foreign judgment may award:

• principal;
• contractual interest;
• default interest;
• litigation costs;
• attorney fees;
• or other monetary items.

The operative wording should be translated precisely.

For example:

“USD 500,000 plus 8% interest from 1 March 2024 until payment”

is materially different from:

“USD 500,000 plus statutory interest.”

Enforcement strategy should identify exactly what the foreign judgment finally awarded rather than attempting to reconstruct or expand the judgment in Turkey.

Can a Foreign Judgment Be Enforced Against a Turkish Company?

Yes, where the MÖHUK conditions are satisfied.

This is particularly important in international commerce.

Foreign judgments may arise from disputes involving:

• distribution contracts;
• share purchase agreements;
• loans;
• supply contracts;
• construction;
• international services;
• guarantees;
• technology contracts;
• damages;
• and other business transactions.

Before beginning foreign litigation, international companies should already consider where the counterparty’s assets are located.

A contract litigated in London may ultimately need to be enforced in Istanbul.

International dispute strategy should therefore begin with enforcement planning, not end with it.

Can a Turkish Judgment Debtor Challenge the Underlying Debt Again?

Generally, recognition and enforcement are not intended to give the losing party a second opportunity to retry the same merits.

The Court of Cassation has clearly emphasized that the Turkish enforcement court is not an appellate authority over the foreign court.

For example, a debtor generally cannot simply argue:

“The foreign judge misunderstood the contract.”

or:

“The witnesses were lying.”

or:

“The damages calculation was wrong.”

and expect the Turkish enforcement court to conduct a new full trial.

The arguments must fit within the recognition and enforcement framework.

Foreign Divorce Judgments

Divorce is one of the most common situations requiring recognition in Turkey.

Imagine:

• a Turkish-German couple divorces in Germany;
• a Turkish-British couple divorces in England;
• two Turkish nationals living in France obtain a French divorce;
• or a Turkish citizen and U.S. citizen obtain a final American divorce.

The foreign country may treat the parties as divorced.

However, the Turkish civil registry may still record the marriage unless the foreign divorce is given effect in Turkey.

Historically, this normally required a recognition proceeding.

Today, however, there is an important special administrative route.

Administrative Registration of Certain Foreign Divorce Decisions

Article 27/A of the Turkish Population Services Law creates a special mechanism for registration of qualifying foreign judicial or administrative decisions concerning:

• divorce;
• annulment;
• nullity; and
• determination of whether a marriage exists.

Applications can be made through designated population authorities or Turkish diplomatic missions where the statutory conditions are satisfied.

Current Turkish consular guidance confirms that this administrative procedure remains available in 2026.

Therefore, not every foreign divorce requires a full Turkish court recognition lawsuit merely to update marital status.

Divorce Registration Does Not Necessarily Enforce Everything in the Judgment

This distinction is crucial.

A foreign divorce judgment may also contain orders concerning:

• child custody;
• child support;
• visitation/contact;
• marital property;
• compensation; or
• other financial obligations.

Current Turkish consular guidance specifically states that such enforceable provisions may still require recognition or enforcement proceedings under Law No. 5718 even where the divorce itself can be registered administratively.

For example:

Divorce status: may potentially be registered administratively.

EUR 100,000 compensation order: may require enforcement.

Child support order: may require additional recognition/enforcement or application of an applicable international convention.

Property division: requires separate analysis.

The judgment should therefore be divided into its individual legal effects.

Recognition Can Have Retroactive Legal Importance

Article 59 provides that the res judicata and conclusive evidentiary effect of the foreign judgment operates from the time when the foreign judgment became final.

This can have major consequences in family, succession and property matters.

For example, the legally relevant date when a foreign divorce became final can affect questions involving:

• marital status;
• inheritance;
• matrimonial property;
• and subsequent legal relationships.

The recognition decision in Turkey therefore does not simply create a brand-new foreign judgment on the date of the Turkish ruling; Article 59 connects the recognized effects to the foreign judgment’s finality.

Foreign Custody Judgments

Foreign judgments concerning parental responsibility and custody can involve both domestic MÖHUK rules and international treaty regimes.

Türkiye is a party to several Hague family-law conventions, including the 1996 Hague Child Protection Convention, which entered into force for Türkiye on 1 February 2017.

The applicable route should therefore be determined by considering:

• child’s habitual residence;
• country where the judgment was issued;
• type of parental responsibility order;
• relevant convention;
• and MÖHUK.

Family judgments should not automatically be treated like an ordinary commercial money judgment.

Foreign Administrative Decisions

The general MÖHUK Article 50 regime is principally concerned with foreign court judgments in civil cases.

Foreign administrative decisions do not automatically enter that regime merely because they have legal effect abroad.

However, special legislation can provide exceptions.

The foreign divorce-registration procedure under Population Services Law Article 27/A is a key example because it expressly allows certain foreign judicial or administrative divorce-related decisions to be registered in Türkiye.

Therefore, the nature of the foreign authority that issued the document must always be identified.

Foreign Criminal Judgments

A foreign criminal conviction is not generally transformed into a Turkish criminal conviction through the ordinary civil enforcement procedure.

However, Article 50/2 specifically states that provisions in foreign criminal judgments concerning personal rights may be the subject of an enforcement request.

For example, a foreign criminal judgment containing a private compensation component may require separate analysis regarding whether that personal-rights provision can be enforced in Türkiye.

Foreign Arbitral Awards Are Different

A foreign arbitration award should not be confused with a foreign court judgment.

MÖHUK regulates foreign arbitral awards separately in Articles 60–63. Türkiye is also party to international arbitration conventions, most importantly the New York Convention where applicable.

Article 60 of MÖHUK provides that a foreign arbitral award that is final, enforceable or binding on the parties may be enforced subject to the applicable arbitration rules.

Therefore:

foreign court judgment → MÖHUK Articles 50–59

foreign arbitral award → MÖHUK Articles 60–63 and applicable treaties

The legal tests are not identical.

What About Interim Injunctions and Temporary Orders?

MÖHUK Article 50 requires a foreign civil judgment to have become final under the law of the issuing state.

Accordingly, foreign provisional or interim measures that do not satisfy the required finality can present serious enforcement difficulties under the ordinary Article 50 regime.

This does not necessarily mean that the claimant has no protection in Turkey.

Depending on the dispute, separate provisional remedies may potentially be sought directly from Turkish courts under Turkish procedural law.

Where assets are at risk of being transferred before recognition or enforcement concludes, the protective-measure strategy should be considered at the beginning of the case.

Can Assets Be Protected While Enforcement Proceedings Are Pending?

This can become critical in commercial cases.

Assume the debtor knows that a foreign judgment exists and begins:

• transferring real estate;
• emptying bank accounts;
• selling vehicles;
• or moving company assets.

Waiting until the enforcement case is completely final may create a practical recovery problem.

Depending on the nature of the claim and statutory conditions, Turkish provisional measures such as precautionary attachment or other protective relief may need to be evaluated separately.

The recognition/enforcement lawyer should therefore ask:

“Where are the debtor’s assets now?”

not merely:

“Do we have all the apostilled documents?”

Security for Costs for Foreign Claimants

Foreign natural and legal persons litigating or commencing enforcement proceedings in Türkiye should also consider Article 48 of MÖHUK.

The provision states that foreign persons bringing a lawsuit, participating in litigation or initiating enforcement proceedings in Turkish courts are generally required to provide security covering litigation/enforcement costs and possible damage to the opposing party.

However, the court exempts the foreign party from security on the basis of reciprocity, and treaty rules can also be relevant.

Therefore, a foreign claimant should determine in advance whether a security requirement will apply in the particular case.

Does MÖHUK Provide a Specific Deadline for Filing Recognition or Enforcement?

Articles 50–59 do not create a single universal filing period expressed as:

“Every foreign judgment must be submitted for enforcement within X months.”

However, that does not mean delay is risk-free.

Depending upon the judgment, issues may arise concerning:

• enforceability;
• limitation periods;
• performance;
• changes in the debtor’s assets;
• interest;
• third-party rights;
• and subsequent legal events.

From a practical perspective, a creditor with Turkish assets available for enforcement should rarely wait unnecessarily.

Can the Opposing Party Avoid Enforcement by Paying the Judgment?

Yes, performance of the judgment is expressly relevant.

Article 55 permits the opposing party to argue that the foreign judgment has already been:

• partly performed; or
• fully performed,

or that another obstacle to performance has arisen.

This prevents a judgment creditor from recovering the same debt twice.

A creditor should therefore maintain accurate records showing:

• original judgment amount;
• payments received;
• interest;
• settlement amounts; and
• remaining balance.

Can a Foreign Judgment Be Partially Performed and Still Enforced?

Yes.

If only part of the foreign judgment remains unpaid, enforcement may be sought for the remaining enforceable portion, subject to the applicable procedural presentation.

The opposing party may rely on evidence of payments already made under Article 55.

This is particularly common where a debtor has made instalment payments before the Turkish enforcement proceeding begins.

Can the Turkish Court Change the Foreign Judgment?

The Turkish enforcement court’s role is generally not to rewrite the judgment.

Article 56 allows the court to:

• enforce the judgment completely;
• enforce it partially; or
• reject enforcement.

The Court of Cassation’s prohibition against merits review also means that the Turkish judge should not attempt to act as an appellate court correcting the foreign judgment simply because another result might have been reached under Turkish law.

Appeals Against the Turkish Recognition or Enforcement Decision

MÖHUK Article 57 provides that legal remedies against decisions accepting or rejecting enforcement are governed by the general procedural rules, and the statutory framework provides protection against execution while the relevant review operates.

The precise current appellate route depends upon Turkish civil-procedure rules and the court that issued the decision.

A party receiving an adverse recognition or enforcement judgment should therefore review the reasoned judgment and appeal deadline immediately.

Practical Example: UK Judgment Against a Turkish Debtor

Assume a British supplier obtains a final English judgment for:

GBP 1,200,000

against a Turkish company.

The company refuses payment but owns property and bank accounts in Istanbul.

A practical Turkish strategy may involve:

Stage 1 — Confirm the Judgment

Obtain:

• final judgment;
• finality/enforceability certificate;
• proper authentication;
• Turkish translations;
• and evidence of service in the UK proceedings.

Stage 2 — Examine Reciprocity

Determine whether Article 54 reciprocity requirements are satisfied.

Stage 3 — Identify Assets

Before spending substantial time on litigation, determine whether the debtor owns recoverable Turkish assets.

Stage 4 — File Enforcement Proceedings

Bring the MÖHUK enforcement case before the competent Turkish court.

Stage 5 — Address Article 54 Objections

Prepare for arguments relating to:

• public policy;
• foreign jurisdiction;
• service;
• or alleged payment.

Stage 6 — Execute After Enforcement

Once the judgment becomes enforceable in Türkiye, pursue Turkish execution procedures against the debtor’s assets.

This illustrates why international litigation strategy should always include a collection analysis.

Common Mistakes in Recognition and Enforcement Cases

Filing Without Proof of Finality

The foreign judgment must meet the Article 50 finality requirement.

Forgetting the Authentication Process

The judgment and finality certificate must be properly authenticated.

Using an Incomplete Turkish Translation

The translation should accurately cover the judgment and relevant endorsements.

Assuming a Bilateral Treaty Is Always Required

Article 54 recognizes treaty, statutory and factual reciprocity.

Confusing Recognition With Enforcement

Recognition does not itself provide the same compulsory execution function as enforcement.

Trying to Retry the Foreign Case in Turkey

The Turkish enforcement court is not a foreign appellate court.

Ignoring Service Problems

A poorly served foreign proceeding can create a serious Article 54 defence-right objection.

Waiting Until the Debtor Has No Assets

A technically successful enforcement judgment may be commercially useless if assets have disappeared.

Assuming Administrative Divorce Registration Covers Financial Orders

The divorce itself may be registered while support, compensation, custody or property-related provisions still require separate legal action.

Confusing Foreign Court Judgments With Arbitration Awards

The legal frameworks are different.

Frequently Asked Questions

Is a foreign court judgment automatically valid in Turkey?

Not automatically for all legal purposes. Recognition or enforcement may be required under MÖHUK Articles 50–59, depending upon the effect sought.

What is the difference between recognition and enforcement?

Recognition accepts the judgment’s res judicata or evidentiary effect. Enforcement additionally makes an enforceable foreign judgment executable through Turkish mechanisms.

Can I enforce a foreign money judgment in Turkey?

Potentially yes, if the MÖHUK enforcement requirements are satisfied.

Does the foreign judgment have to be final?

Yes. Article 50 requires the foreign civil judgment to be final according to the law of the country where it was rendered.

Do I need proof that the judgment is final?

Yes. Article 53 expressly requires a duly authenticated document proving finality, together with a certified translation.

Do I need an apostille?

Frequently, where the judgment originates in a country operating under the Hague Apostille Convention in relation to Türkiye. Other treaty or legalization arrangements can apply.

Do I need a Turkish translation?

Yes. Certified translations of the judgment and finality documentation are required under Article 53.

Does Turkey require reciprocity?

For enforcement, yes. Reciprocity can arise from treaty, foreign legislation or actual practice.

Is reciprocity required for recognition?

No. Article 58 expressly excludes the reciprocity requirement from recognition.

Can a Turkish court review whether the foreign judge decided the case correctly?

Generally no. The Court of Cassation states that the enforcement court cannot conduct a merits review of the foreign judgment.

Can enforcement be refused because foreign law differs from Turkish law?

Mere difference is not enough. Public-policy incompatibility must be manifest.

Can a default judgment be enforced?

Potentially, but proper service and the defendant’s opportunity to participate become important under Article 54.

Can only part of the foreign judgment be enforced?

Yes. Partial enforcement is expressly possible.

Can a foreign divorce be recognized in Turkey?

Yes. Depending on the circumstances, it may be handled through judicial recognition or, for qualifying decisions, through the special administrative registration procedure under Population Services Law Article 27/A.

Does administrative divorce registration enforce child support or compensation?

Not necessarily. Current Turkish consular guidance states that provisions such as custody, child support, contact, property regime and compensation may require separate recognition or enforcement.

Can a foreign arbitral award be enforced using the same procedure?

Foreign arbitral awards are governed by separate provisions in MÖHUK Articles 60–63 and applicable international conventions.

Can a foreign criminal judgment be enforced?

The ordinary civil enforcement regime does not simply import foreign criminal punishment, but Article 50/2 permits enforcement requests concerning personal-rights provisions contained in foreign criminal judgments.

What happens after enforcement is granted?

The enforceable foreign judgment can be executed in the same way as a Turkish court judgment.

Step-by-Step Checklist for Enforcing a Foreign Judgment in Turkey

Before beginning the process, the claimant should determine:

1. Is the document actually a judgment of a foreign court?
2. Does it concern a civil/private-law matter?
3. Is the judgment final?
4. Is there a separate finality certificate?
5. Have the judgment and certificate been properly authenticated?
6. Is an apostille or consular legalization required?
7. Are complete certified Turkish translations available?
8. Is enforcement or only recognition required?
9. Does reciprocity exist if enforcement is sought?
10. Is the dispute within the exclusive jurisdiction of Turkish courts?
11. Was the defendant properly served in the foreign proceedings?
12. Could enforcement produce a manifest Turkish public-policy problem?
13. Has the judgment already been partly or fully paid?
14. Where does the defendant live in Turkey?
15. Which Turkish court is competent?
16. Does the debtor own assets in Turkey?
17. Are protective measures needed before assets disappear?
18. Does a bilateral or multilateral treaty provide a different procedure?
19. Is security for costs potentially required?
20. Does the judgment contain several parts requiring different treatment?

A recognition or enforcement case should ideally begin only after these questions have been answered.

Conclusion

Recognition and enforcement of foreign court judgments in Turkey is not a retrial of the underlying foreign dispute.

It is a special international procedural mechanism through which Turkish courts determine whether a foreign judgment satisfies the conditions required to produce legal effects or be compulsorily executed in Türkiye.

The core legal framework is contained in Articles 50–59 of Law No. 5718.

The first issue is to determine whether the applicant needs:

recognition

or

enforcement.

Recognition is sufficient where the principal objective is acceptance of the judgment’s res judicata or evidentiary effect.

Enforcement is required where compulsory performance is sought.

For example:

A foreign divorce judgment may principally need recognition.

A foreign judgment ordering payment of EUR 2 million normally requires enforcement before Turkish assets can be pursued.

The second issue is finality.

A foreign civil judgment cannot ordinarily be enforced under Article 50 unless it has become final under the law of the country in which it was issued. Article 53 accordingly requires both the judgment and proof of finality, together with properly certified Turkish translations.

International clients should obtain these documents before beginning the Turkish case.

The third issue is authentication.

Where the issuing country and Türkiye are connected through the Hague Apostille Convention, the apostille system will often be the appropriate authentication route. Türkiye is a contracting state to the Convention.

Where the Convention does not apply, consular legalization or another treaty procedure may be necessary.

The fourth issue is the substantive enforcement test under Article 54.

The Turkish court examines:

reciprocity;

exclusive jurisdiction and excessive foreign jurisdiction;

manifest public-policy incompatibility;

and

procedural fairness, including proper service and opportunity to defend.

These conditions should not be confused with an appeal against the foreign judgment.

One of the most important principles established by Turkish Court of Cassation jurisprudence is the prohibition against a review on the merits.

The Turkish court does not ask:

“Would a Turkish judge have reached the same decision?”

Instead, it asks:

“Does this judgment satisfy the Turkish legal conditions for recognition or enforcement?”

The Court of Cassation’s General Assembly has expressly held that the enforcement judge cannot review the substantive correctness of the foreign decision and cannot refuse enforcement merely because different substantive or procedural rules were applied abroad.

Public policy is therefore an exceptional control mechanism, not a general second appeal.

The fifth issue is reciprocity.

For enforcement, Türkiye must have the legally required reciprocity with the state issuing the judgment.

Importantly, a specific bilateral treaty is not always necessary because Article 54 also recognizes reciprocity based on foreign legislation or actual practice.

Recognition is easier on this point because Article 58 specifically removes the reciprocity requirement.

The sixth issue is defence rights.

A foreign judgment obtained without giving the defendant a legally adequate opportunity to participate can face an enforcement objection.

For international claimants, preserving evidence concerning:

• summons;
• service;
• representation;
• and participation

can therefore be just as important as preserving the judgment itself.

The seventh issue is commercial reality.

A claimant should not view enforcement as an abstract legal exercise.

Before investing substantial time and money in Turkish proceedings, the creditor should determine whether the debtor owns assets such as:

• Turkish real estate;
• bank accounts;
• vehicles;
• company shares;
• or receivables.

Recognition and enforcement strategy should be connected from the beginning with asset recovery.

The eighth issue concerns family judgments.

Türkiye now provides a special administrative mechanism for registration of qualifying foreign divorce and related marital-status decisions under Population Services Law Article 27/A.

However, this route should not be confused with enforcement of every financial or child-related part of the foreign judgment.

Current Turkish consular guidance specifically notes that custody, maintenance, personal contact, matrimonial-property and compensation provisions can still require judicial recognition or enforcement.

Finally, international businesses should think about recognition and enforcement before choosing where to litigate.

A foreign court judgment is commercially valuable only if it can ultimately reach the debtor’s assets.

Before choosing London, New York, Paris, Frankfurt or another forum, contracting parties should therefore consider:

• where the counterparty is incorporated;
• where its assets are located;
• whether a Turkish enforcement proceeding will later be necessary;
• and whether the chosen judgment will satisfy Turkish recognition and enforcement requirements.

For foreign individuals and international companies holding judgments against persons with assets in Türkiye, the safest strategy can therefore be summarized as:

verify finality → authenticate the judgment → prepare certified translations → determine recognition or enforcement → check reciprocity and jurisdiction → confirm proper service → identify Turkish assets → file before the competent court → proceed to execution once enforcement is obtained.

A foreign judgment may have been issued thousands of kilometres away.

But where the debtor’s money, property or commercial operations are in Türkiye, the final stage of international litigation may ultimately take place before the Turkish courts.

Legal Disclaimer

This article provides general legal information concerning recognition and enforcement of foreign court judgments in Turkey as of August 2026.

It does not constitute legal advice regarding any particular foreign judgment or enforcement proceeding.

The applicable procedure may depend upon:

• country where the judgment was issued;
• type of judgment;
• finality;
• applicable international conventions;
• reciprocity;
• authentication and apostille requirements;
• service of proceedings;
• Turkish public policy;
• exclusive jurisdiction;
• nature of the underlying dispute;
• residence of the defendant;
• location of Turkish assets;
• and whether recognition, enforcement or another special statutory procedure is required.

Foreign judgments involving substantial monetary claims, family-law rights, Turkish property or urgent asset-recovery issues should be reviewed individually before proceedings are commenced in Türkiye.