Enforcement of Foreign Court Decisions in Türkiye
1. Introduction
For judgments rendered by foreign courts to have legal effect in Turkey, the Turkish legal system requires the institutions of "recognition" and "enforcement." In particular, an enforcement order is necessary for an enforceable judgment to be valid in Turkey. Unless a foreign court judgment is recognized or enforced by a Turkish court, it cannot be enforced in Turkey and has no final judgment or evidentiary value before Turkish courts.
Enforcement is the process by which a Turkish court makes a foreign court decision enforceable as if it were rendered within its own country. In this respect, the decision to enforce is a reflection of the state's sovereign authority; each state decides, within its own legal framework, whether or not a foreign court decision can be enforced within its borders.
2. The Difference Between Enforcement and Recognition
The concepts of recognition and enforcement are often confused.
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Recognition isthe process by which a foreign court decision has the effect of a final judgment or conclusive evidence in Turkey. In this case, the decision cannot be enforced; only the existence of a legal fact is acknowledged. For example, the recognition of a divorce decree considers the marriage to be terminated.
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Enforcement allows a foreign court decision to be executed in Turkey. In other words, if there is a judgment regarding compensation, alimony, or a debt, enforcement proceedings cannot be initiated without an enforcement order.
Therefore, while recognition is sufficient to terminate the marriage, enforcement is absolutely necessary for provisions involving performance, such as alimony, child custody, or compensation.
3. Legal Basis
The recognition and enforcement of foreign court judgments the Law No. 5718 on Private International Law and Procedural Law (MÖHUK). These provisions determine both the formal and substantive requirements.
According to Article 50 of the Private International Law Act:
"For judgments rendered by foreign courts in civil cases to be enforceable in Türkiye, an enforcement decision must be issued by Turkish courts."
This explicit provision establishes that foreign judgments are not directly binding within the Turkish legal system, but only become enforceable with the approval of a Turkish court.
4. Competent and Authorized Court
In cases involving the enforcement of foreign court judgments, the competent court is the court of first instance.
If the matter relates to family law (for example, divorce, alimony, child custody), the family courts have jurisdiction.
In terms of jurisdiction, according to Article 51 of the Private International Law Act:
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The court of the defendant's place of residence in Turkey ,
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If they have no registered address, the court of the place where they reside,
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If neither of these is available, then one of the courts in Ankara, Istanbul, or Izmir has jurisdiction.
5. Conditions for Enforcement of the Decision
a. The Decision Must Be Final
A foreign court judgment final . A judgment for which the appeal or review period is still ongoing cannot be enforced in Turkey. Finality is generally proven by a "certificate of finality" approved by the competent authorities of the country where the judgment was rendered.
b. Reciprocity
For enforcement, there must be a reciprocity relationship between the country that rendered the decision and Türkiye. Reciprocity can occur in three ways:
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Contractual reciprocity: There is an agreement between the two countries regarding judicial assistance or recognition and enforcement.
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Legal reciprocity: If the legislation of the country where the decision was rendered allows for the enforcement of Turkish decisions there.
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De facto reciprocity: If decisions made in Turkey are actually recognized or enforced in that country.
c. Not to Violate Public Order
The foreign court decision sought to be enforced must not be clearly contrary to Turkish public order. A violation of public order does not only mean a violation of mandatory provisions of Turkish law; it also applies when constitutional values such as the right to a fair trial, equality, and fundamental rights and freedoms are violated.
d. Protection of the Right to Defense
In proceedings where a foreign court decision is rendered, the defendant's right to defense must not be restricted. The party must have been duly summoned and given the opportunity to defend themselves. Otherwise, the Turkish court will reject the enforcement request.
e. The Issue of Exclusive Jurisdiction and Excessive Jurisdiction
If a foreign court has rendered a decision on a matter within its exclusive jurisdiction under Turkish law (for example, a case concerning the ownership of real estate in Turkey), enforcement of the decision is not possible. Furthermore, enforcement may be prevented if the foreign court has exercised "excessive jurisdiction," meaning it has rendered a decision despite having no genuine connection to the case.
6. Required Documents
The essential documents that must be submitted to the court in an enforcement case are as follows:
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Original or certified copy of the foreign court decision ,
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A document showing that the decision has become final according to the laws of the country where it was made .
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Sworn translation of the decision and finality document ,
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Apostille certification (or consular authentication),
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Power of attorney and identification documents.
The Apostille is a certification system that confirms the official validity of decisions taken by countries that are parties to the Hague Convention. Türkiye is also a party to this convention.
7. Procedure
An enforcement action petition . The case is subject to simplified procedural rules. In their petition, the plaintiff must state which court rendered the decision, that the decision is final, that there is reciprocity, and that the right to defense has not been violated.
The court notifies the opposing party and sets a hearing date. The parties are heard, the documents are examined, and the court makes a decision based on whether all the conditions in Article 54 of the Private International Law Act have been met
If an enforcement order is issued, the foreign court judgment can now be enforced as if it were a Turkish judgment. After this stage, the creditor can directly of the Enforcement and Bankruptcy Law .
8. Prohibition of Revision (Substantive Review)
In enforcement proceedings, the Turkish court the merits ; it only checks whether the formal requirements have been met. No review can be conducted regarding whether the judgment is correct or incorrect. This rule is known as the "prohibition of revision."
However, if the decision is clearly contrary to Turkish public order or the right to defense, the court will address the merits of the case indirectly. This review is essential for the protection of the state's fundamental legal principles.
9. Legal Remedies and Enforcement
Once an enforcement order is issued, it is subject to appeal and cassation, just like other Turkish court decisions. If appealed, the enforcement automatically suspends until the decision becomes final.
Once the enforcement decision becomes final, it acquires the force of a judgment and to enforcement proceedings in enforcement offices . The debtor is now obligated to execute the enforcement decision issued by a Turkish court, not a foreign judgment.
10. Frequently Encountered Issues in Practice
The most common types of cases encountered in enforcement proceedings are as follows:
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Family law decisions: Divorce, custody, alimony, and compensation rulings.
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Commercial and business contracts: Judgments for compensation or claims issued by foreign courts.
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Tort and insurance lawsuits.
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Enforcement of foreign arbitration awards: Although a different regime is prescribed for arbitration awards, they are evaluated according to similar logic.
In practice, enforcement requests may be rejected due to missing documents, incorrect determination of jurisdiction, failure to prove reciprocity, and violation of the right to defense.
11. Public Order and the Right to Defence
The concept of public order protects the constitutional and moral values that form the basis of the Turkish legal system. A foreign court decision will not be enforced if it clearly contradicts these values. However, the public order exception is interpreted narrowly; it only comes into play in cases of violation of fundamental principles.
The right to defense is an indispensable element of a fair trial. If a judgment is rendered without the defendant being summoned or given the opportunity to present a defense, the Turkish court will not recognize or enforce that decision. Therefore, notification documents are critically important in demonstrating the legitimacy of the foreign judicial process.
12. Conclusion
The enforcement of foreign court judgments in Türkiye is subject to strict conditions stipulated by the Private International Law Act. An enforcement order cannot be issued unless the following conditions are met: the judgment is final, reciprocity exists, there is no violation of public order, the right of defense is protected, and there is no violation of exclusive jurisdiction.
The enforcement process requires meticulous attention to detail in terms of both technical aspects and documentation. It is crucial to prepare all documents completely, identify the correct court, and complete all necessary translation and apostille procedures.
In conclusion, for a foreign court decision to be valid and enforceable in Türkiye, a properly initiated enforcement action with complete documentation must be successfully concluded. The enforcement decision obtained at the end of this action makes the foreign judgment directly enforceable under Turkish law and enables the creditor to collect their due.
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