Enforcement of Belgian Court Decisions in Türkiye

Will a court decision made in Belgium have direct consequences in Türkiye?

The enforcement of foreign court judgments in another country constitutes one of the most important issues in private international law. Today, the fact that individuals live, work, invest, and conduct business not only in their own countries but also in other countries makes the extraterritorial enforcement of foreign court judgments necessary. This issue is gaining increasing importance in practice, especially for Turkey, which has strong economic and social ties with European countries.

Belgium is one of the leading countries in this regard. Due to the increasing number of Turkish citizens living in Belgium for many years, the growth in trade volume between the two countries, and the increasing number of international agreements, the need for the enforcement of Belgian court decisions in Türkiye frequently arises. Divorce cases, alimony claims, inheritance disputes, commercial receivables, compensation cases, and legal disputes between companies are among the most common types of disputes encountered in this area.

However, the fact that a decision rendered by a Belgian court has become final does not automatically mean that this decision will have legal effect in Türkiye. Each state has set certain conditions for the implementation of foreign court decisions within its borders. In Turkish law, too, the procedures stipulated in the law must be followed in order for foreign court decisions to be enforceable.

Why is the Enforcement Institution Necessary?

As a rule, court decisions can only be directly enforced within the borders of the state in which they were rendered. This is fundamentally because the jurisdiction of states is based on the principle of sovereignty. A decision rendered by a court in one state cannot be directly enforced in the territory of another state unless it is accepted by that state's legal system.

This is where the enforcement institution comes into play.

Enforcement is the legal mechanism that allows a final judgment issued by a foreign court to become enforceable in Türkiye after review by a Turkish court. Thus, a foreign court judgment becomes enforceable as if it were a Turkish court decision.

This system was not created solely to facilitate the enforcement of foreign court judgments. It also aims to protect the fundamental principles of the Turkish legal system and to subject foreign judgments to a certain level of legal scrutiny.

Which judgments rendered in Belgian courts can be enforced in Türkiye?

Not every foreign court decision can be enforced in Türkiye. First, the decision must relate to private law and be enforceable.

Decisions made by Belgian courts;

• Trade receivables decisions,
• Compensation decisions arising from the contract,
• Alimony provisions,
• Decisions regarding material and moral damages,
• Some provisions relating to inheritance law,
• Decisions regarding commercial disputes between companies

It can be enforced in Türkiye if the appropriate conditions are met.

In contrast, prison sentences handed down by criminal courts, administrative sanctions, or many decisions relating to public law are not evaluated within the same scope.

Therefore, correctly determining the nature of a foreign court decision constitutes the first stage of the enforcement process.

Basic Requirements for the Enforcement of Belgian Court Decisions in Türkiye

In Turkish law, the principles regarding the enforcement of foreign court judgments are regulated in Law No. 5718 on International Private Law and Procedural Law. The same provisions apply to judgments rendered by Belgian courts.

The first thing the court examines is whether the decision has become final. Decisions that have not yet become final or for which ordinary legal remedies are still ongoing cannot be enforced in Türkiye.

The second important condition is that the decision must relate to private law. This is because the institution of enforcement was primarily established for private law disputes.

The court also assesses whether the foreign decision is clearly contrary to Turkish public order. However, the concept of public order is interpreted quite narrowly. The mere fact that Belgian law contains provisions different from Turkish law does not, in itself, result in the rejection of the enforcement request. The violation of public order must be serious enough to constitute a grave breach of fundamental legal principles.

Will a Turkish court reconsider a Belgian court's decision?

This is one of the most common misconceptions in enforcement proceedings.

Some people believe that a Turkish court will re-evaluate a foreign court decision from start to finish. However, the purpose of enforcement proceedings is different.

Turkish court;

• Whether the evidence has been evaluated correctly,
• Whether the witness statements are accurate or not,
• The adequacy of expert reports,
• Whether the Belgian court applied the law correctly

It doesn't examine.

Because enforcement proceedings are not a new type of proceedings.

A Turkish judge only assesses whether there are legal obstacles to the enforcement of a foreign court decision in Türkiye. This principle is a natural consequence of the principle of "non-examination of the merits of a foreign court decision," which is one of the fundamental principles of private international law.

Why is protecting the right to defense important?

One of the most important issues emphasized in enforcement proceedings is the right to defense.

In a case heard in Belgium, the defendant must be properly notified, have the opportunity to defend themselves, and participate in the proceedings.

For example, if the defendant has never been served with the lawsuit or notified of the hearings, a Turkish court may consider this an obstacle to enforcement.

Conversely, if the defendant chooses not to attend the hearing despite proper notification, this alone does not warrant the rejection of the enforcement request.

The protection of the right to defense is a consequence of both the principle of a fair trial and fundamental guarantees accepted in international law.

The Importance of Legal Relations Between Belgium and Türkiye

Belgium is not only an important trading center in Europe, but also one of the countries where a large number of Turkish citizens reside. Therefore, legal relations between the two countries are not limited solely to commercial law.

Many disputes arising from family law, labor law, inheritance law, and contract law can sometimes involve both Belgium and Türkiye. When one party is in Türkiye and the other in Belgium, or when their assets are located in different countries, the enforcement of foreign court judgments in Türkiye becomes a significant legal need.

Therefore, the institution of enforcement is considered not merely a technical procedural step, but one of the important tools for ensuring international legal security.

How to File an Enforcement Proceeding?

For a Belgian court judgment to be enforceable in Türkiye, an enforcement action must be filed with the competent Turkish court. This action is not a review of the foreign court judgment, but merely a determination of whether the judgment is enforceable under Turkish law.

The person requesting enforcement may be a natural or legal person who has a right arising from a foreign court decision, or heirs or legal representatives with a legal interest may file a lawsuit if the necessary conditions are met.

The petition must clearly state the name of the Belgian court, the date and number of the judgment, information regarding the finality of the judgment, and which provisions are requested to be enforced in Türkiye. It is particularly important to clearly indicate the requested provisions without any ambiguity, especially when only specific parts of the judgment are requested to be enforced.

The court evaluates the documents submitted to the case file and the statements of the parties together to decide whether the conditions for enforcement have been met.

Preparation of Documents Obtained from Belgium

For enforcement proceedings to proceed smoothly, all documents submitted to the case file must be complete. In practice, one of the most significant reasons for delays in cases is the lack of complete documentation obtained from foreign countries.

Usually in the case file;

• The original or a duly certified copy of the Belgian court decision
• The official document showing that the decision is final
• Turkish translations,
• Documents that have undergone the necessary certification processes,
• Identity and address information of the parties,
• If the transaction is being carried out through an agent, a power of attorney is required

It is located there.

When preparing documents, it is crucial that names, dates, decision numbers, and other information corroborate each other. Even seemingly simple spelling differences can lead the court to request additional documents or grant time to complete any missing information.

The Impact of Divorce Decrees in Belgium on Türkiye

Family law disputes are among the most common legal issues encountered by Turkish citizens living in Belgium.

The most important point to consider regarding divorce decrees is that not all provisions of the decree have the same legal character.

Judgments regarding the dissolution of marriage and those concerning alimony, monetary compensation, moral damages, or court costs may have different outcomes. In particular, for judgments involving financial obligations to be enforced through compulsory execution in Türkiye, the enforcement process must be completed.

Therefore, the content of divorce decrees issued by Belgian courts should be carefully examined, and it should be determined before filing a lawsuit which provisions are intended to be applied in Türkiye.

The Importance of Enforcement in Commercial Disputes

The increase in trade volume between Türkiye and Belgium is also leading to an increase in the number of foreign court judgments arising from commercial disputes.

Decisions rendered by Belgian courts in disputes arising from international sales contracts, logistics services, import and export transactions, distributorship agreements, works contracts, and commercial collaborations may need to be enforced in Türkiye.

For example, a company operating in Belgium may have won a lawsuit against a firm in Türkiye. However, if the debtor company's assets are located in Türkiye, an enforcement order from a Turkish court is required for the foreign court's decision to be effectively implemented.

In this respect, the institution of enforcement is one of the important legal mechanisms that ensures the effective implementation of court decisions in international commercial relations.

Turkish Public Order Review

Public order review plays an important role in the enforcement of foreign court judgments. However, this concept is often misinterpreted in practice.

A Turkish court would not, in itself, consider the difference between Belgian and Turkish law as a violation of public order. It is natural for every legal system to have its own specific rules.

The key issue in a public order review is whether the implementation of a foreign court decision seriously violates the fundamental principles of the Turkish legal system. The public order exception may arise particularly in cases where the right to a fair trial is eliminated, the right to defense is seriously violated, or decisions are incompatible with fundamental rights and freedoms.

Therefore, public order is not a general reason for rejecting foreign court decisions; it is a legal review mechanism applied only in exceptional circumstances.

Most Common Mistakes in Practice

A significant portion of the problems encountered in the enforcement of Belgian court judgments stem from procedural deficiencies.

For example, failure to include a document proving the finality of the decision in the file, factual errors in translations, inconsistencies in party information, or incomplete submission of a foreign court decision can all cause the judicial process to be prolonged.

Furthermore, in some applications, the concepts of recognition and enforcement are confused. However, the acceptance of a foreign court decision in Türkiye only through its final effect and the enforcement of the decision through compulsory execution have different legal consequences.

Therefore, it is crucial to accurately assess the scope of the foreign court decision and determine the appropriate legal course of action before filing a lawsuit.

The Supreme Court's Approach

An examination of the Supreme Court's decisions regarding the enforcement of foreign court judgments reveals that the general principles of enforcement also apply to Belgian courts.

The Court of Cassation accepts that a Turkish court cannot examine the merits of a foreign court's decision, and that the review is limited only to the conditions stipulated in Law No. 5718 on International Private Law and Procedural Law.

Furthermore, the view that the public order exception should be interpreted narrowly continues to be consistently maintained. Therefore, not only decisions that produce different results than those in Turkish law, but also decisions that clearly violate fundamental legal principles can constitute obstacles to enforcement.

This approach aims to both protect the security of international law and maintain confidence in foreign court decisions.

Conclusion

Judgments rendered by Belgian courts, even if final, cannot be automatically enforced in Türkiye. For a foreign court judgment to have legal effect in Türkiye, an enforcement order from a Turkish court is generally required.

In enforcement proceedings, the Turkish court does not re-evaluate the decision of the Belgian court regarding the dispute. The review is limited only to conditions that may prevent the foreign court decision from being enforceable under Turkish law. A foreign court decision becomes enforceable in Türkiye if it is final, rendered in accordance with the right of defense, does not clearly violate public order, and meets other conditions stipulated by law.

The development of trade relations between Belgium and Turkey, the increasing number of Turkish citizens living in both countries, and the diversification of cross-border legal relations have made the enforcement of foreign court judgments even more important today. Therefore, a correct assessment of the legal framework, the complete preparation of necessary documents, and adherence to procedural rules play a crucial role in ensuring the effective enforcement of foreign court judgments in Türkiye.