In order for a judgement obtained from a foreign court to have effect in Türkiye, recognition and enforcement procedures must be established.
In this post, we explain how a foreign court or administrative authority decision is recognised or enforced in Turkey.
What Is Recongnition of A Foreign Judgement?
Recognition of a foreign court judgement means the acquisition in that country of the effects of the force of final judgement in the material sense. In short, a foreign court judgment shall have the effect of final judgment and evidence upon its recognition.
What Is Enforcement of A Foreign Judgement?
It is the recognition of the enforceability of judgements that have replaced final judgements in another country, in addition to gaining the force of final judgements.
Differences Between Recognition and Enforcement
Enforcement COVERS Recognition
While recognition has the effect of final judgement and conclusive evidence, enforcement also has the effect of execution. In other words, enforcement has a wider scope and naturally includes recognition.
Important Decisions Requiring Recognition or Enforcement
Type of Judgement | Required Action |
Divorce | Recognition |
Alimony | Enforcement |
Adoption | Recognition |
Custody | Enforcement |
Paternity | Recognition |
Compensations | Enforcement |
Arbitration Decisions | Enforcement |
Pre-Requirements for Recognition or Enforcement
Decision should be made by Independent Courts
The decision must be final
How to Apply for Recognition or Enforcement of a Foreign Judgement?
Application is made to the relevent Courts of First Instance
The court must be located is either the opponent's residency if the opponent has no residency in Türkiye one of the courts in Ankara, Istanbul or Izmir has jurisdiction.
Anyone who has a legal interest in the enforcement of the judgment may request enforcement.
The request for enforcement shall be made with a petition. As many samples as the number of the opponent party shall be attached to the petition.
the original of the foreign court judgement duly ratified by the authorities of that country or a copy and translation of the judgement ratified by the judicial body issuing the judgement
A letter or document showing that the judgement has been finalised and duly approved by the authorities of that country and its certified translation.
Conditions for Making the Recognition or Enforcement Decision
The existence of an agreement based on reciprocity between the Republic of Turkey and the state where the judgement was rendered, or the existence in that state of a legal provision or de facto practice enabling the enforcement of judgements rendered by Turkish courts.
Recognition does not require reciprocity.
The judgment is not rendered in a matter which does not fall within the exclusive jurisdiction of the Turkish courts or, provided that the defendant objects, the judgment was not rendered by a court of a state which recognises its jurisdiction even though it has no real relationship with the subject matter of the action or the parties.
The provision is not clearly contrary to the Turkish public order
In accordance with the laws of that place, the person against whom enforcement is sought has not been duly summoned to the court which rendered the judgement, or has not been represented therein, or a judgement has been rendered in his absence or in his presence in contravention of such laws, and such person has not objected to the Turkish court against the request for enforcement based on one of the foregoing.
Effect of Enforcement Decision
The court may decide to partially or fully enforce the judgement or to reject the request. This decision shall be written under the foreign judgement and sealed and signed by the judge.
The judge is bound by the results of the parties' claims. He may not decide more than the result of the claim or anything else. Depending on the situation, he may decide for less than the result of the claim.
Foreign judgements that are decided to be enforced shall be enforced like the judgements issued by Turkish courts.
The conclusive judgement or conclusive evidence effect of the foreign judgement shall be effective from the moment the foreign court decision becomes final.
Appeal Procedure
The appeal of the decisions on the acceptance or rejection of the request for enforcement shall be subject to the general provisions. The appeal shall stay the execution.
You can find detailed information about this subject on the below file.
Please leave us your questions and comments.
Written by Gizem Demirkale
Reviewed and designed by Av. Dr. Mustafa Aykant
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