Recognition and Enforcement of Foreign Court Judgments in Turkey. Recognition and enforcement of foreign court judgments are essential for cross-border legal cooperation, particularly in commercial and civil matters. Turkey, as a civil law country with an increasingly globalized legal environment, has developed specific procedures for recognizing and enforcing foreign court judgments within its jurisdiction. This article explores the legal framework, conditions, procedures, and practical implications of recognizing and enforcing foreign judgments in Turkey.
Legal Framework
The principal legal instrument governing the recognition and enforcement of foreign court judgments in Turkey is the Law No. 5718 on International Private and Procedural Law (IPPL). Articles 50 through 59 of the IPPL specifically regulate the process. In addition, international treaties to which Turkey is a party—such as bilateral agreements and certain multilateral conventions—may take precedence if they offer more favorable provisions or simplified procedures.
It is important to distinguish between recognition and enforcement:
- Recognition refers to accepting the legal validity and effects of a foreign judgment in Turkey, typically for use as a defense or to prevent re-litigation.
- Enforcement involves executing the foreign judgment through Turkish courts, such as collecting a monetary award or compelling compliance with a court order.
Conditions for Recognition and Enforcement
According to Article 54 of the IPPL, a foreign court judgment must meet the following conditions to be recognized and enforced in Turkey:
- Reciprocity
There must be de jure or de facto reciprocity between Turkey and the country where the judgment was issued. This means that the foreign country must recognize and enforce Turkish judgments under similar circumstances. - Finality of Judgment
The foreign judgment must be final and conclusive in accordance with the laws of the country in which it was issued. Preliminary or interlocutory decisions are not enforceable. - Jurisdiction
The foreign court must not have assumed jurisdiction in a manner that violates Turkish jurisdiction rules. For instance, if the matter falls under the exclusive jurisdiction of Turkish courts (e.g., real estate located in Turkey), the foreign judgment will not be enforceable. - Public Policy Compliance
The judgment must not be contrary to Turkish public order (ordre public). This is often interpreted narrowly but may include issues related to due process, fundamental rights, or moral principles. - Defendant’s Rights of Defense
The defendant must have been properly summoned and given the opportunity to present a defense. Judgments issued in violation of the right to be heard may be rejected.
Excluded Judgments
Certain types of foreign judgments are excluded from recognition or enforcement in Turkey:
- Criminal judgments (except for civil compensation elements)
- Administrative decisions by non-judicial bodies
- Judgments related to bankruptcy, if they do not comply with Turkish insolvency procedures
- Foreign arbitral awards, which are governed separately under the New York Convention and the relevant provisions of the IPPL
Procedure for Recognition and Enforcement
The procedure begins with an application filed to a civil court of first instance (asliye hukuk mahkemesi) in Turkey. The applicant must provide:
- An apostilled or legalized copy of the foreign court judgment
- A certified translation of the judgment into Turkish
- Proof of the judgment’s finality in the foreign country
- Any other supporting documentation required by the court
The court will review whether all the conditions listed under Article 54 are satisfied. The process is not a re-trial on the merits; the Turkish court does not re-examine the substance of the foreign judgment.
The opposing party may raise objections based only on the statutory grounds. If the court is satisfied, it will issue a decision granting recognition or enforcement.
Appeals and Legal Remedies
The decision of the civil court can be appealed to the regional appellate court and, ultimately, to the Court of Cassation (Yargıtay). The appeal must generally be filed within two weeks from the notification of the decision. Appeals may focus on procedural errors or incorrect application of the recognition criteria.
Recent Developments and Practical Considerations
Turkey has seen a rise in enforcement cases due to increased international trade, investment, and migration. While the Turkish judiciary has generally upheld the principle of international cooperation, public policy remains a flexible and sometimes unpredictable barrier.
In practice:
- Reciprocity can be a contested issue, especially with countries lacking a formal treaty with Turkey.
- The public order exception has been invoked in sensitive matters, such as family law, custody, and labor disputes.
- Turkish courts are generally receptive to foreign commercial judgments, provided due process and procedural fairness are observed.
Additionally, the 2021 amendment to the Turkish Civil Procedure Code introduced changes that aim to expedite certain cross-border legal procedures, though these reforms have not significantly altered the recognition and enforcement framework under IPPL.
Conclusion
The recognition and enforcement of foreign court judgments in Turkey are governed by a well-defined but sometimes conservative legal framework. While Turkey upholds international comity and legal cooperation, enforcement is not automatic and depends on strict legal conditions being met. Parties seeking enforcement should pay careful attention to procedural requirements, and when possible, consider whether an international treaty or arbitration clause could provide a more efficient enforcement path. With appropriate legal preparation and competent counsel, foreign judgments can be successfully recognized and enforced in Turkey.