Recognition and Enforcement of Foreign Court Judgments in Türkiye

In order for a judgment obtained from a foreign court to have legal effect in Türkiye, specific recognition and enforcement procedures must be established. Without these procedures, a decision made by a court outside of Türkiye is merely a document with no binding legal force within Turkish borders.

In this guide, we explain how a foreign court or administrative authority decision is recognized or enforced in Türkiye under Turkish Private International Law.

What is Recognition?

Recognition of a foreign court judgment means the acquisition in Türkiye of the effects of the final judgment in the material sense. In short, a foreign court judgment shall have the effect of final judgment and conclusive evidence upon its recognition.

What is Enforcement?

Enforcement goes a step further. It is the recognition of the executability of judgments. It grants the foreign judgment the same executive force as a judgment rendered by a Turkish court, allowing for state power to be used to fulfill the decision (e.g., collecting money, seizing assets).

The Key Difference: Enforcement Covers Recognition

While recognition provides the effect of a final judgment and conclusive evidence, enforcement adds the power of execution.

Note: Enforcement has a wider scope and naturally includes recognition. However, you can request recognition without requesting enforcement (e.g., for divorce decrees where no asset division is needed).

Common Decisions Requiring Recognition or Enforcement

Different types of legal decisions require different procedures depending on their nature:

Type of Judgment          Required Action

Divorce                                           Recognition

Paternity / Adoption             Recognition

Alimony                                         Enforcement

Custody                                         Enforcement

Compensations                        Enforcement

Arbitral Awards                         Enforcement

Pre-Requirements

Before applying to a Turkish court, the foreign decision must meet two fundamental criteria:

1. Independent Courts: The decision must have been made by judicial or administrative authorities of a foreign country.

2. Final Decision: The decision must be final and binding under the laws of that country (no longer open to ordinary appeal).

How to Apply: The Procedure

1. Competent Court

Anyone who has a legal interest in the judgment may request enforcement. The application is made to the Civil Court of First Instance (Asliye Hukuk Mahkemesi) or the relevant specialized court (e.g., Family Court).

Location: The court must be located at the opponent's domicile in Türkiye.

If no domicile exists: The application can be made to the court where the opponent has a residence.

If neither exists: One of the courts in Ankara, Istanbul, or Izmir has jurisdiction.

2. Required Documents

The request shall be made with a petition. The following must be attached (with as many copies as the number of opposing parties):

Original Judgment: The original foreign court judgment duly ratified by the authorities of that country.

Finalization Letter: A letter or document showing that the judgment has become final and binding, duly approved by the authorities of that country.

Certified Translations: Turkish translations of all the above documents, certified by a notary or consulate.

3. Conditions for Acceptance

The Turkish court will not re-examine the case on its merits (prohibition of révision au fond). Instead, it will check if the following conditions are met:

Reciprocity (For Enforcement): There must be an agreement based on reciprocity between Türkiye and the issuing state, or a de facto practice/legal provision in that state enabling the enforcement of Turkish judgments. (Note: Recognition does not require reciprocity).

Exclusive Jurisdiction: The judgment must not be rendered on a matter that falls within the exclusive jurisdiction of Turkish courts (e.g., rights in rem regarding immovable property in Türkiye).

Right of Defense: The defendant must have been duly summoned and represented in the foreign court. If the judgment was given in their absence in violation of their right to defense, the Turkish court may reject the request upon objection.

Public Order: The foreign judgment must not be clearly contrary to Turkish Public Order.

4. Effect of the Decision

Execution: Foreign judgments that are accepted for enforcement are executed exactly like judgments issued by Turkish courts.

Retroactive Effect: The effect of conclusive judgment or evidence dates back to the moment the foreign court decision became final (not the date of the Turkish court's decision).

Partial Enforcement: The judge is bound by the parties' claims but may decide to enforce the judgment partially or fully.

Appeal Procedure

Decisions regarding the acceptance or rejection of recognition/enforcement requests are subject to general appeal provisions.

Important: Filing an appeal stays the execution of the decision. The foreign judgment cannot be enforced until the appeal process is finalized.