Enforcement of Foreign Court Judgments in Türkiye

The rapid development of international relations, and the increasing number of judgments issued by foreign courts as people live, work, marry, divorce, or conduct business in different countries, means that a court decision has become more frequent. However, a court decision having legal effect in the country where it was issued is not the same as it being enforceable in another country. In other words, a decision issued by a foreign court does not automatically become valid or enforceable in Türkiye.

For example, a divorce decree issued in Germany, an alimony decision ruled in England, or a debt judgment issued in France cannot be directly enforced in Türkiye. Certain conditions must be met for these decisions to have legal effect in Türkiye. This is where the institution of "enforcement" comes into play.

The enforcement of foreign court judgments in Türkiye is of great importance in terms of both international private law and civil procedural law. This article will examine in detail the concept of enforcement of foreign court judgments, the conditions for enforcement, which judgments can be enforced, the competent court, the procedural rules, and points to consider in practice.

What is Enforcement?

Enforcement refers to a court decision that enables a final court judgment issued by a foreign court to be executed in Türkiye.

In other words, it is a decision obtained from a Turkish court that serves as permission for the enforcement of a foreign court decision in Türkiye through compulsory execution.

Unless an enforcement order is issued, no enforcement proceedings can be initiated, seizures requested, or enforceable provisions of a foreign court judgment can be executed in Türkiye.

Therefore, enforcement proceedings are a prerequisite for the actual implementation of foreign court judgments in Türkiye.

The Difference Between Enforcement and Recognition

One of the most frequently confused concepts in practice is recognition versus enforcement.

Recognition is the acceptance in Türkiye of the final effect or conclusive evidence of a foreign court decision. A recognition decision is not enforceable.

Enforcement ensures that a foreign court decision is executed in Türkiye.

For example, in most cases, recognition may suffice only if the part of a divorce decree issued abroad that terminates the marriage is desired to be valid in Türkiye. However, for provisions requiring enforcement, such as alimony, compensation, child custody, or the collection of monetary debts, an enforcement order is necessary.

Therefore, while every enforcement decision also results in recognition, not every recognition decision results in enforcement.

Legal Regulations Regarding Enforcement

The recognition and enforcement of foreign court judgments in Türkiye are primarily regulated by the provisions of Law No. 5718 on Private International Law and Procedural Law (MÖHUK).

In addition, international conventions to which Türkiye is a party, as well as some bilateral judicial assistance agreements, can be implemented.

The court primarily considers the provisions of international treaties, and if these are not available, the provisions of the Turkish Code of Private International Law.

Which Court Decisions Are Enforceable?

Not every foreign court decision is enforceable.

Firstly, the decision must have been rendered by a foreign court. Secondly, it must relate to private law.

For example;

• Divorce decrees
• Alimony decisions
• Decisions regarding material and moral damages
• Debt collection lawsuits
• Decisions regarding commercial disputes
• Some provisions regarding custody
• Some decisions regarding inheritance law

It may be subject to enforcement.

Conversely, enforcement is not possible for many decisions relating to tax, criminal, or public law. In particular, criminal judgments from foreign criminal courts are not enforceable in Türkiye.

What are the Enforcement Requirements?

A Turkish court does not review a foreign court's decision. It does not examine the merits of the case or assess whether the decision was correct.

The court only investigates whether the conditions specified in the law are met.

1. The Decision Must Be Final

For enforcement to be requested, the foreign court decision must be final.

Decisions that are still under appeal or have not yet become final cannot be enforced in Türkiye.

The finality of the agreement is usually proven by a document obtained from the relevant authorities of the country.

2. The Decision Pertains to a Civil Case

Enforcement is only possible with regard to court decisions in the field of private law.

Many decisions relating to public law remain outside the scope of enforcement.

3. Reciprocity Condition

One of the key conditions stipulated in the law is the principle of reciprocity.

There must be reciprocity between the state that made the decision and Türkiye.

This reciprocity;

• International agreement,
• Legal regulation,
• Actual implementation

It can manifest in this way.

In each specific case, the court will separately assess whether this condition has been met.

4. Not being clearly contrary to Turkish public order

One of the most important requirements is an examination of whether it violates public order.

If the outcome of a foreign court decision is clearly contrary to the fundamental principles of Turkish law, the request for enforcement may be rejected.

However, not every difference in law means a violation of public order.

Courts only refuse enforcement on this ground in cases where there are serious and obvious irregularities.

5. Respect for the Right to Defense

The defendant must be duly notified of the lawsuit and have the opportunity to defend themselves.

For example;

• Failure to serve notice
• The trial is being conducted in secret
• Decision made without hearing the party

Situations like these may indicate a violation of the right to defense.

In this case, the Turkish court may reject the enforcement request.

The competent and authorized court in the enforcement case

In enforcement cases, the competent court is, as a rule, the Court of First Instance.

In terms of authority;

• The defendant's place of residence in Türkiye,
• If there is no settlement, it is a place where it is quiet
• If neither of these is available, then the courts of Ankara, Istanbul, or Izmir

is authorized.

Correctly determining the competent court is important for the procedural efficiency of the case.

Documents Required in Enforcement Cases

When initiating enforcement proceedings, certain documents must be submitted to the court.

The main ones are as follows:

• Original or certified copy of the foreign court decision,
• The document showing that the decision is final
• Proper translations of the documents,
• If required, an apostille certificate or consular authentication
• Power of attorney and other court documents.

Incomplete or improperly prepared documents can cause the trial to be prolonged.

Will the court examine the merits of the case?

No.

Turkish courts do not examine whether a foreign court's decision is correct or not.

For example, claims that a foreign court misjudged evidence, applied the law incorrectly, or conducted an incomplete investigation are not examined in enforcement proceedings.

The court's role is solely to assess whether the enforcement conditions stipulated in the law have been met.

This situation is a consequence of a principle known in international law as the "prohibition of revision au fond".

What happens after an enforcement order is issued?

When the court issues an enforcement order, the foreign court judgment becomes enforceable in Türkiye.

After this;

• Enforcement proceedings can be initiated.
• Alimony can be collected.
• Compensation can be claimed through enforcement proceedings.
• Monetary debts can be collected through seizure of assets.
• Other enforceable provisions may be applied.

This ensures that a court decision obtained in a foreign country has effective legal force in Türkiye as well.

Dismissal of Enforcement Case

The court may reject the enforcement request if one of the conditions stipulated in the law is not met.

For example;

• The decision is not final
• There is a clear violation of public order,
• Violation of the right to defense,
• Failure to meet the reciprocity requirement,
• The decision is not enforceable

In situations like these, a refusal decision may be given.

If the request is denied, the foreign court decision cannot be enforced in Türkiye.

Most Common Enforcement Cases in Practice

A significant portion of enforcement cases filed in Türkiye consist of disputes related to family law.

Divorce decrees, alimony orders, and child custody decisions obtained in foreign countries, particularly by Turkish citizens living abroad, frequently become the subject of enforcement proceedings.

In addition, with the development of international trade, the enforcement of debt and compensation judgments between foreign companies is increasing every year.

In order for decisions arising from inheritance, partnerships, breach of contract, or commercial debt relationships in foreign countries to be enforced in Türkiye, the enforcement procedure is often applied.

Conclusion

In most cases, foreign court judgments can only have legal effect in Türkiye after a recognition or enforcement decision is obtained. Enforcement proceedings are particularly necessary for judgments requiring execution, such as monetary claims, alimony, compensation, and similar rulings.

Although the merits of a foreign court decision are not re-examined in an enforcement proceeding, it is crucial that all conditions stipulated by law are fully met. The finality of the decision, the absence of any violation of public order, respect for the right to defense, and the proper preparation of necessary documents are all factors that directly influence a positive outcome of the case.

In international disputes, careful consideration, adherence to procedural rules, and evaluation of each specific case are necessary to prevent loss of rights and ensure the effective enforcement of foreign court decisions in Türkiye.