Recognition and Enforcement of Foreign Judgments in Turkey 2025

Recognition and Enforcement of Foreign Judgments in Turkey. Turkey’s judiciary recognizes and enforces foreign court decisions under a codified “exequatur” process. Whether you hold a civil judgment, a commercial award, or a family-law decree from abroad, having it recognized by Turkish courts is vital to securing your rights in Turkey. This article explains the recognition and enforcement of foreign judgments in Turkey, detailing the legal pathways, documentation requirements, and strategic considerations.

Recognition Case

A Recognition Case (telaffuz: “tanish”) is the initial proceeding by which a Turkish court determines whether a foreign judgment meets the formal and substantive prerequisites for recognition. Once recognized, the foreign decision acquires the force of a Turkish domestic judgment and may serve as a basis for enforcement measures.

• Objective: To verify that the foreign judgment complies with bilateral or multilateral treaties, Turkish procedural standards, and public-order norms.

• Outcome: Court issues a “recognition decree” (ilam tanıma kararı), after which enforcement proceedings can commence.

Enforcement Case

An Enforcement Case follows recognition. It proceeds under the Turkish Enforcement and Bankruptcy Code (Law No. 2004) and applies the same mechanisms used to execute domestic judgments:

• Attachment of Assets: Freezing bank accounts or placing liens on real estate.

• Garnishment: Directing employers or debtors to pay owed sums.

• Public Auction: Sale of seized movable or immovable property to satisfy the judgment.

Without recognition, a foreign decision cannot be enforced in Turkey. Thus, the two-step process—recognition case, then enforcement case—is mandatory.

Who Can File for Recognition and Enforcement (Exequatur Process)?

Under Article 54 of the International Private and Procedural Law No. 5718, the following parties may initiate the exequatur process:

• Judgment Creditors: Individuals or entities in whose favor the foreign judgment was rendered.

• Assignees: If the judgment debt has been validly assigned under Turkish law.

• Liquidators or Trustees-in-Bankruptcy: Acting on behalf of insolvent debtors’ estates, seeking to enforce foreign rulings against remaining assets in Turkey.

Proceedings are brought before the Competent and Authorized Court, typically the civil court of first instance in the locale where the debtor resides or assets are located.

Conditions and Required Documents

Turkish courts apply strict criteria to ensure foreign judgments are compatible with national legal principles. Applicants must submit:

1. Petition for Recognition and Enforcement: Statement of claim outlining judgment details, parties, and legal basis.

2. Certified Copy of Foreign Judgment: With finality certificate or proof of exhaustion of appeals.

3. Official Turkish Translation: By a sworn translator.

4. Reciprocity Declaration: If not covered by a bilateral treaty.

5. Power of Attorney: Authorizing legal representation in Turkey.

Beyond documentation, four substantive conditions must be satisfied:

Principle of Reciprocity (Article 54/1-a)

Turkey enforces only those judgments issued by states granting reciprocal recognition to Turkish court decisions. Reciprocity may be:

• Treaty-based: EU member states, certain bilateral agreements.

• Decree-based: Ministerial declarations listing countries whose judgments Turkey recognizes.

• Judicial-based: Case-by-case reciprocity findings by Turkish courts.

No Conflict with the Jurisdiction of Turkish Courts (Article 54/1-b)

Turkish courts refuse recognition if they have already exercised jurisdiction over the same dispute between identical parties. Parallel proceedings or forum-shopping are therefore barred.

Public Order Compliance (Article 54/1-c)

If enforcement of the foreign judgment would contravene Turkish ordre public, recognition is denied. Common public-order exceptions include:

• Judgments violating fundamental rights under the Turkish Constitution.

• Decisions imposing penalties or criminal sanctions not recognized under Turkish law.

• Awards granting punitive damages divergent from Turkish civil remedies.

Proper Notification and Representation (Article 54/1-ç)

Due process standards must have been met abroad: the defendant must have been properly served and given adequate opportunity to appear. Lack of proper notice or default judgments obtained unilaterally can be challenged.

Effects of Divorce Decisions Made Abroad in Turkey

Divorce decrees rendered abroad can be recognized and enforced in Turkey, enabling:

• Division of Matrimonial Property: Enforcing foreign orders on asset division.

• Name Restitution: Reverting to maiden name under Turkish civil registry.

• Custody and Visitation Orders: Domestic courts may register foreign custody decisions, giving them local force.

However, Turkish family courts retain discretion to review best-interest considerations, especially in child-custody matters.

Alimony and Custody Decisions Issued Abroad

Foreign orders on spousal or child support—alimony and custody decisions issued abroad—are recognized under the same exequatur framework. Distinct issues include:

• Calculation Methods: Turkish courts may adjust support amounts if foreign formulas conflict with local social-security thresholds.

• Enforcement Mechanisms: Turkish enforcement offices (icra daireleri) collect past-due maintenance as monetary debts.

Recognition ensures cross-border family judgments have real effect on Turkish soil.

Enforcement of Foreign Court Decisions Involving Commercial Receivables

Businesses often secure foreign court judgments on unpaid invoices or breach-of-contract claims. To enforce these foreign court decisions involving commercial receivables in Turkey:

1. Confirm the underlying contract’s choice-of-forum clause and applicable law.

2. Verify that the disputed amount qualifies as commercial debt under Turkish Commercial Code norms.

3. Use expedited procedures if the foreign judgment concerns undisputed, liquidated amounts.

Once recognized, creditors may resort to asset seizures and auctions to satisfy commercial claims.

Recognition and Enforcement of Foreign Arbitral Awards in Turkey

Turkey is a signatory to the New York Convention (1958), facilitating streamlined recognition and enforcement of foreign arbitral awards:

• Arbitral Awards: Governed by the International Arbitration Law No. 4686.

• Exemptions: Public-order defenses or lack of due process can block enforcement.

• Procedure: Application filed with civil court of peace (sulh ceza mahkemesi) rather than general civil court.

Awards from New York Convention states enjoy near-automatic enforceability, subject to narrow grounds for refusal under Article V of the Convention.

What is an Apostille, and Where Can It Be Obtained?

An Apostille is a certificate authenticating the origin of public documents for use in Hague Convention member states. It verifies:

• Signature of the issuing official.

• Capacity in which the official acted.

• Seal or stamp on the document.

In Turkey, apostilles are issued by provincial directorates of justice and law court registrars. Commonly apostilled documents include court judgments, notarial deeds, and official certificates.

Where Can an Apostille Be Obtained in Turkey?

To obtain an apostille in Turkey:

1. Identify the Document’s Issuing Authority: Court, notary, registry office.

2. Visit the Relevant Court Registry Office (Adalet Komisyonu): Submit the original document.

3. Pay the Small State Fee: Varies by document type.

4. Wait for Processing: Usually same day or within a few business days.

Once apostilled, the foreign judgment becomes eligible for recognition in other Convention countries without further legalization.

Is It Necessary to Be in Turkey to File a Recognition and Enforcement Case?

Physical presence in Turkey is not strictly required. Options include:

• Power of Attorney: Foreign applicants grant a Turkish-licensed attorney the right to file and prosecute the case.

• E-filing Portals: Some courts support remote submissions via online judiciary systems.

• Consular Channels: In exceptional circumstances, Turkish embassies can assist in document transmission.

Nevertheless, local legal representation is indispensable for navigating court practices and deadlines.

Competent and Authorized Court

Determining the competent and authorized court is crucial:

• Civil Courts of First Instance (Asliye Hukuk Mahkemesi): Handle recognition of non-arbitral foreign judgments.

• Courts of Peace (Sulh Hukuk Mahkemesi): May have jurisdiction over small-value claims and summary recognition procedures.

• Court of Peace in Civil Matters (Sulh Ceza Mahkemesi): Oversees enforcement of arbitral awards under the Arbitration Law.

Venue is typically the district where the judgment debtor resides or where the debtor’s assets are located. Choosing the correct court avoids procedural dismissals and wasted costs.

Conclusion

Navigating the recognition and enforcement of foreign judgments in Turkey demands careful attention to procedural requirements, substantive reciprocity rules, and local court practices. Whether enforcing a Recognition Case or proceeding to an Enforcement Case, applicants must compile comprehensive documentation, satisfy the four conditions under Article 54, and select the competent and authorized court. From divorce decisions to commercial receivables, and from foreign arbitral awards to custody rulings, the exequatur process transforms foreign judgments into enforceable Turkish decrees, safeguarding rights across borders.

Proper use of apostilles, strategic litigation planning, and expert local counsel are the pillars of success. If you hold a foreign judgment or award and seek enforcement in Turkey, engage experienced Turkish litigators today to ensure your international rights are fully realized on Turkish soil.