International Jurisdiction of Turkish Courts

1) Introduction: Why is "international jurisdiction" the first question?

In any dispute involving a foreign element, the first question to be answered is which state's courts will hear the case. This is a question of international jurisdiction and is independent of determining the applicable law (conflict of laws). In practice, most mistakes arise from starting the investigation into "which law applies?" before resolving the jurisdiction issue . The correct order is as follows:

International jurisdiction: Can Turkish courts handle it?
Internal (local) jurisdiction: Which Turkish court will handle this?
Applicable law: Which substantive law governs the main dispute?

In the Turkish system, this ordering works by reading Articles 40-47 of the Private International Law Act together with the territorial jurisdiction rules of the Code of Civil Procedure

2) Normative framework and fundamental principle

2.1. Main source: Turkish Code of Private International Law, Articles 40–47

Article 40 – General rule: The international jurisdiction of Turkish courts is, as a rule, the territorial jurisdiction rules of domestic law . Short formula: “Domestic jurisdiction = international jurisdiction.”
Articles 41–46 – Special jurisdiction rules: These introduce protective and subject-specific jurisdiction norms for personal cases (especially those of Turkish citizens), protective decisions such as guardianship/custodianship/absence, inheritance , employment , consumer , and insurance contracts .
Article 47 – Jurisdiction Agreement: In debt relationships involving foreign elements, it is accepted that foreign courts may be chosen for matters not falling under exclusive Turkish jurisdiction ; contractual waivers are limited in areas protecting the weaker party, such as labor, consumer, and insurance .

2.2. Connection with the Code of Civil Procedure

Article 40 of the Private International Law Act leads us territorial jurisdiction in the Code of Civil Procedure :

General jurisdiction (Code of Civil Procedure, Article 6): The court of the defendant's place of residence.
Lawsuits arising from contracts (Code of Civil Procedure, Article 10): Court of the place of performance (and, subject to certain conditions, the place where the contract was concluded).
Tort law (Code of Civil Procedure, Article 16): the place where the act was committed, the place where the damage occurred , and the place of residence of the injured party.
Example of exclusive jurisdiction (Code of Civil Procedure, Article 12): In cases concerning the ownership of immovable property, the court of the place where the immovable property is located.

Important note: Not all of the definitive local jurisdiction rules in the Turkish Code of Civil Procedure are exclusive in an international sense ; however , disputes concerning the ownership of Turkish immovable property constitute a core area where exclusive Turkish jurisdiction is accepted in practice. We will discuss this distinction, along with its consequences during the enforcement phase, separately below.

3) Methodology: How is international jurisdiction established and debated in a case?

Clarify the element of foreignness. List the ties, such as nationalities/places of origin of the parties, performance, payment, damage, assets, property in the estate, and place of risk, in a chronological and geographical map.
Go to Article 40 of the Private International Law Act → Code of Civil Procedure. Remove the general/special jurisdiction options.
Examine the specific provisions of the Private International Law Act (Articles 41–46). When the subject matter concerns employment, consumer law, insurance, inheritance, or personal matters, the specific norm often takes precedence.
Consider the possibility of exclusive jurisdiction. Exclude the core “exclusive” catchment area, such as areas related to the property itself.
Is there a jurisdiction agreement (Article 47)? If so, is the subject matter appropriate, is it in writing and clear, does it fall under the prohibition against the weaker party, and does it encroach upon the "exclusive Turkish jurisdiction"?
Lis pendens and procedural economy. If there is a foreign liable case (e.g., a parallel case), making it a preliminary issue, the "drag" effect of jurisdiction agreements, the expectation of enforcement, and the reasonable connection debate.
Procedural timing. An objection to jurisdiction a preliminary objection ; failure to raise it within the prescribed time limit and clearly may result in tacit acceptance of jurisdiction.

4) General rule: Article 40 of the Private International Law Act, "reference technique"

Article 40 of the Turkish Code of Private International Law establishes a flexible and practical framework by linking international jurisdiction to domestic jurisdiction . In practice, this leads to the following results:

Contractual scenario: If the obligation is to be performed in Turkey, Article 10 of the Turkish Code of Civil Procedure comes into play; thus, Turkish courts acquire international jurisdiction.
Tort scenario: If the damage occurred in Turkey or its effects are felt here, Turkish courts have jurisdiction under Article 16 of the Code of Civil Procedure.
General jurisdiction scenario: The defendant's domicile in Turkey already grants jurisdiction to Turkish courts under Article 6 of the Code of Civil Procedure

Practical advice: Clearly establish the connection between "international jurisdiction" and "domestic jurisdiction" in your petition . Instead of simply stating the relevant article of the Code of Civil Procedure, saying "In accordance with Article... of the Code of Civil Procedure, by reference to Article 40 of the Private International Law Act" will steer the discussion to the correct ground.

5) Special international jurisdiction rules (Turkish Private International Law Act, Articles 41–46)

5.1. The personal characteristics of Turks – the “tiered” model (Article 41)

If a Turkish citizen's personal case (divorce, annulment of marriage, custody, alimony, etc.) has not been filed or cannot be filed in a foreign country , the competent court will first be the court with territorial jurisdiction in Turkey ; if that is not possible, then the court with jurisdiction in the place of residence; if that is not possible , then the court with jurisdiction in the last place of residence ; and if neither of those is possible, then one of the courts in Ankara, Istanbul, or Izmir will have jurisdiction.

Strategy: Presenting concrete evidence that the opposing party has filed a lawsuit in a foreign country and proving that the "not filed/could not be filed" condition has not been met may lead to the lawsuit filed in Turkey being deemed lacking jurisdiction. Conversely, a lawyer wishing to file a lawsuit in Turkey must demonstrate the practical impossibility of doing so in the foreign country (e.g., obstacles to serving service/residence abroad, security for court costs, access barriers).

5.2. Protection decisions regarding the personal status of foreigners (Article 42)

Decisions regarding guardianship, trusteeship, limited legal capacity, disappearance, or presumed death of a foreigner who does not reside in Turkey may be made by the court of the place where the person resides or where their assets are located in Turkey . The principle here is to maintain a de facto connection and provide protection .

5.3. Inheritance (Article 43)

Jurisdiction is linked to the deceased's last place of residence in Turkey ; if such a place does not exist, the court of the place where the assets of the estate are located in Turkey has jurisdiction. Assets such as immovable property, valuable movable property, or bank receivables concretize Turkish jurisdiction .

5.4. Employment contract (Article 44)

The protection in favor of the worker is clear: In lawsuits filed by the worker, of the worker's place of residence/habitual domicile or the place where the work is habitually performed; in lawsuits filed by the employer, of the worker's habitual domicile in Turkey has jurisdiction. This protection cannot be waived by a contractual jurisdiction clause to the detriment of the worker.

5.5. Consumer contract (Article 45)

Consumers have broad jurisdiction in lawsuits they bring: the consumer's place of residence/habitual abode or the opposing party's place of business/place of residence/habitual abode. In lawsuits brought against a consumer, only the consumer's habitual abode in Turkey has jurisdiction. This protection cannot be circumvented by a jurisdiction agreement.

5.6. Insurance (Article 46)

In lawsuits against the policyholder/insured/beneficiary, the court of their place of residence/habitual domicile in Turkey; in lawsuits against the insurer, the place where the insurer's main place of business/branch/agency is located has jurisdiction. This protecting the weaker party .

6) Authorization Agreement (Article 47): Terms, effect and contract design

6.1. Validity conditions

a foreign element (nationality of the parties, their headquarters, place of performance/payment, property connection, etc.).
The subject matter a dispute arising from debt relationships .
the exclusive jurisdiction of the Turkish government are excluded (in particular disputes concerning the ownership of immovable property in Turkey).
Written proof is required; the ruling clear , and if there is an "exclusive" expression, there should be no ambiguity.
It cannot be implemented in a way that would eliminate the protection provided against the weaker party in the labor, consumer, and insurance sectors .

6.2. Effect

A valid jurisdiction agreement, as a rule, excludes (derogates) the jurisdiction of Turkish courts. However, if a jurisdictional objection is not raised within the prescribed time limit , a Turkish court may hear the case; or, if the foreign court declares itself incompetent, the case may be heard in Turkey.

6.3. Practical suggestions for contract design

Instead of specifying multiple forums , enter a clear and exclusive forum choice; however, for urgent protections such as precautionary measures/guarantees, add a supporting authorization clause for "forum protection"
Establish a reasonable link between governing law and the forum (choose a forum close to the place of performance/delivery, party centers). This reduces the criticism of "excessive jurisdiction" in enforcement.
Consider an explicit clause reserving the right to file a lawsuit in Turkey for weaker party contracts (labor, consumer, insurance)
Plan the logistics for serving evidence and evidence : The country you choose for the jurisdiction agreement must be accessible for serving evidence and providing proof .

7) Exclusive authority and "exorbitant authority"

7.1. Exclusive authority

In practice , disputes concerning the ownership of immovable property in Turkey are considered to fall within the exclusive jurisdiction of Turkish courts . The natural consequence of exclusive jurisdiction is that a foreign court judgment on this matter is not recognized or enforced in Turkey. Similarly, the scope of exclusive jurisdiction is debated in certain matters related to "status" and "static property"; however, a narrow interpretation of exclusive jurisdiction is the general tendency. "Everyone's local jurisdiction = exclusive international jurisdiction" is not the case; a case-by-case distinction is necessary.

7.2. Transcendent authority

In enforcement law, a foreign court establishing jurisdiction without a reasonable connection to the case carries the risk of refusal of recognition/enforcement . For example, choosing a forum solely because of the plaintiff's nationality or through a coincidental connection leaves the door open to an objection of "excessive jurisdiction." Therefore, it is necessary to concretize the points of connection both when establishing a jurisdiction agreement and when structuring an enforcement action : place of performance, place of damage, location of property, headquarters of the parties, language of the contract/currency, etc.

8) Pendens (lis pendens), pending issue, and procedural economy

In Turkish law, national pendency (the same dispute being brought twice in Turkey) is a prerequisite for a lawsuit; however, the legal framework for foreign pendency is not the same as the general prerequisite for a lawsuit . Nevertheless, the court may treat the foreign case as a preliminary issue in accordance with the principles of procedural economy and the prevention of contradictory decisions .

Exception: Article 41 of the Turkish Code of Private International Law with its condition of "if it is not or cannot be opened in a foreign country," a special pendency filter .

Practical:

a preliminary injunction , the progress of the foreign case, the enforceability of the decision, and the concrete benefit must be clearly stated.
In foreign pending cases, delay and to a fair trial ; the argument of "prolonging the trial" can be used against tactics that involve waiting simply for the sake of waiting.
Note that tools similar to anti-suit injunctions are not directly accepted in Turkish law; instead, manage the case using internal tools such as delay, expedited proceedings, and provisional measures

9) Procedural framework: Jurisdiction challenge, time limit and proof

An objection to jurisdiction is one of the initial objections. within the prescribed time limit and clearly ; otherwise, tacit acceptance of jurisdiction .
Burden of proof : The party claiming jurisdiction must provide supporting documentation to support its claims (place of performance, place of damage, domicile, habitual residence, branch/agency, etc.)
Evidence strategy:
- contracts : Place of delivery/performance/payment, INCOTERMS documents, transport documents, bank SWIFT records.
- torts : IP logs, shipment/delivery, place of use, time/place of damage.
- business-consumer-insurance cases, the weaker party's connection to Turkey (residence/habitual home, place where business is habitually conducted, place where the risk occurs).

Conclusion and Summary

The international jurisdiction of Turkish courts is determined by a structure where Article 40 of the Private International Law Act and the territorial jurisdiction rules of the Code of Civil Procedure are intertwined; Articles 41-46 provide subject-based special protection , facilitating access to Turkish courts, particularly in the areas of labor, consumer, insurance , and inheritance/personal cases . The jurisdiction agreement (Article 47) provides for derogation in favor of the foreign court, but the limits of exclusive jurisdiction and weaker party protection are clearly defined. The dimensions of pendency and enforcement make the jurisdiction dispute a continuous process extending from the initial decision to its execution

The key to success for a lawyer is to thoroughly map out foreign ties, clearly establish the bridge between Article 40 and the Code of Civil Procedure, accurately apply specific norms, exclusive/excessive jurisdiction pitfalls early, and procedural deadlines (especially the deadline for initial objections).

#MÖHUK, reference, HMK, lex causae, lex fori, private international law, international jurisdiction

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