RECOGNITION AND ENFORCEMENT OF FOREIGN COURT JUDGMENTS

Enforcement and Recognition of Foreign Court and Arbitration Decisions

Enforcement decision

ARTICLE 50 – (1) The enforcement in Turkey of judgments issued by foreign courts in relation to civil cases and which have become final according to the laws of that state is subject to the decision of enforcement by the competent Turkish court.

(2) Enforcement decisions may also be requested regarding the provisions on personal rights contained in the criminal judgments of foreign courts.

 

Duties and responsibilities

ARTICLE 51 – (1) The competent court for enforcement decisions is the court of first instance.

(2) These decisions may be requested from the court of the place of residence of the person against whom enforcement is sought in Türkiye, or if there is no such place of residence, from the court of the place where he resides, or if there is no place of residence or place where he resides in Türkiye, from one of the courts of Ankara, Istanbul or Izmir.

Request for enforcement

ARTICLE 52 – (1) Anyone who has a legal interest in the enforcement of the decision may request enforcement. The request for enforcement is made by petition. As many copies as there are opposing parties are attached to the petition. The petition includes the following:

1. a) The full names and addresses of the party requesting enforcement, the opposing party, and their legal representatives and attorneys, if any.
2. (b) The name of the state court that issued the judgment subject to enforcement, the date and number of the judgment, and a summary of the judgment.
3. c) If enforcement is requested for only a part of the judgment, which part is it?.

 

Documents to be attached to the petition

ARTICLE 53 – (1) The following documents are attached to the enforcement petition:

1. a) The original foreign court judgment, duly certified by the authorities of that country, or a certified copy thereof issued by the judicial body that rendered the judgment, along with a certified translation.
2. (b) A document or letter duly certified by the authorities of that country, demonstrating that the judgment has become final, along with a certified translation of it.

 

Enforcement conditions

ARTICLE 54 – (1) The competent court shall issue the enforcement decision under the following conditions:

1. a) The existence of a reciprocal agreement between the Republic of Türkiye and the state where the judgment was rendered, or a legal provision or de facto practice in that state that allows for the enforcement of judgments issued by Turkish courts.
2. (b) The judgment must have been rendered in a matter that does not fall within the exclusive jurisdiction of Turkish courts, or, provided the defendant objects, it must not have been rendered by a court of a state that granted itself jurisdiction even though it has no real connection with the subject matter of the case or the parties.
3. c) The ruling must not be manifestly contrary to public order.

c) In accordance with the laws of that place, the person against whom enforcement is sought was not duly summoned to the court that rendered the judgment, or was not represented in that court, or the judgment was rendered in absentia or in their absence in a manner contrary to those laws, and that person has not objected to the enforcement request before a Turkish court based on one of the above-mentioned reasons.

 

Notification and objection

ARTICLE 55 – (1) The petition regarding the request for enforcement is served on the opposing party together with the hearing date. Recognition and enforcement of uncontested judgments are also subject to the same provision. The provision of service does not apply to uncontested judgments without an opposing party. The request is examined and decided upon in accordance with the provisions of the simplified trial procedure.

(2) The opposing party may object only by claiming that the conditions for enforcement under the provisions of this section are not met, or that the foreign court judgment has been partially or fully executed, or that a reason has arisen that prevents its execution.

 

Decision

ARTICLE 56 – (1) The court may decide to enforce the judgment partially or completely or to reject the request. This decision is written below the foreign court judgment and sealed and signed by the judge.

 

Enforcement and appeal process

ARTICLE 57 – (1) Foreign judgments decided to be enforced shall be executed as if they were judgments issued by Turkish courts.

(2) Appeals against decisions regarding the acceptance or rejection of the enforcement request are subject to general provisions. The appeal suspends the enforcement.

 

Recognition

ARTICLE 58 – (1) For a foreign court judgment to be accepted as conclusive evidence or a final judgment, it is necessary for the court to determine that the foreign judgment meets the conditions for enforcement. Paragraph (a) of the first paragraph of Article 54 does not apply to recognition.

(2) Recognition of uncontested court decisions is also subject to the same provision.

(3) The same procedure applies when an administrative act is carried out in Türkiye based on a foreign court judgment.

 

The effect of final judgment and conclusive evidence

ARTICLE 59 – (1) The effect of a foreign judgment as a final judgment or conclusive evidence takes effect from the moment the foreign court decision becomes final.

 

Enforcement of foreign arbitration awards

ARTICLE 60 – (1) Foreign arbitral awards that have become final and enforceable or are binding on the parties may be enforced.

(2) The enforcement of foreign arbitration awards is requested by petition to the court of first instance in the place agreed upon in writing by the parties. If there is no such agreement between the parties, the court of the domicile of the party against whom the decision was made in Türkiye, or if there is no domicile, the court of the place where the property that can be subject to enforcement is located, shall be deemed competent.

 

Petition and review procedure

ARTICLE 61 – (1) The party requesting the enforcement of a foreign arbitration award shall attach to its petition the following documents, in copies equal to the number of copies of the opposing party:

1. a) The original or a duly certified copy of the arbitration agreement or clause.
2. (b) The original arbitration award, which has become final and enforceable, or a duly certified copy thereof, that is binding on the parties.
3. c) Translated and duly certified copies of the documents listed in paragraphs (a) and (b).

 Recognitionand Enforcement Conditions

1. In General

The conditions for recognition and enforcement are regulated in the Turkish Code of Private International Law. Some international agreements also provide regulations on these matters

These international conventions generally include specific provisions regarding recognition and enforcement of laws and regulations

It imposes simpler conditions than the provisions of the Private International Law Act regarding recognition and enforcement. In this case, this international..

The provisions of the agreement will be applied. If the international agreement concerns recognition and enforcement, then the Private International Law Act (MÖHUK) will apply

If the conditions are more stringent than those stipulated in the relevant international law, the provisions of the Private International Law Act shall apply, and the relevant international law shall be applied

The favorable provisions in the agreement will also be applied. International agreements that introduce provisions regarding recognition and enforcement..

An important effect of contracts is that they ensure the requirement of reciprocity.

Recognition and enforcement are subject to the same conditions in terms of substantive requirements, except for reciprocity.81 Every enforcement decision

It also includes recognition. Therefore, a decision subject to enforcement does not need to be recognized separately

There isn't any.

The conditions for recognition and enforcement can be examined by dividing them into three categories:

1-Prerequisites (Article 50 of the Private International Law Act)

2-Essential conditions (Article 54 of the Private International Law Act)

3-Absence of other obstacles (Turkish Code of Private International Law, Article 55/paragraph 2)

As a rule, the principle of ex officio investigation is applied with regard to the conditions of recognition and enforcement. However,as stated in Article 54/f.1-b...

the creation of excessive authority, the violation of the right of defense as stipulated in Article 54/paragraph 1 - d, and other obstacles as stipulated in Article 55/paragraph 2

The court will only consider these matters if they are raised by the defendant.

If the conditions for recognition and enforcement have been met, the Turkish court is obliged to decide on the recognition and enforcement of that decision. Likewise,

If the conditions for recognition and enforcement have not been met, the request for recognition and enforcement should be rejected. The court has discretion in this matter

They do not have the authority.

In recognition and enforcement proceedings, there is a prohibition against revision. This prohibition applies to the case being heard by the court handling the recognition or enforcement proceedings

The court cannot examine the foreign court's decision on its merits. This is a recognition or enforcement action

The minister can only review the court decision in terms of the conditions for recognition and enforcement.

2. Prerequisites (Article 50 of the Private International Law Act)

a. The existence of a judgment issued by a foreign court.

The first prerequisite for recognition and enforcement is a judgment issued by a foreign state court

The question is whether a decision is a court decision or not, according to both foreign law and Turkish law.

It is determined according to...

a judgment rendered by a foreign court pursuant to certain international agreements or special legal provisions

An exception may be made to the requirement of having a court order.

Exception 1: Decisions made by foreign judicial or administrative authorities regarding adoption cases, in accordance with the laws of that country.

For final judgments and documents that have the effect of a definitive ruling to be enforceable in Türkiye, the competent authority must be present

It depends on a decision of enforcement or recognition by a Turkish court. (Population Services Law, Article 30/paragraph 2)

Exception 2: According to the Agreement on the Recognition and Enforcement of Decisions Regarding Maintenance Obligations, the party

Recognition and enforcement of alimony decisions issued by state administrative authorities within the framework of the agreement provisions

It is possible.

The recognition and enforcement of foreign arbitration and international court decisions are subject to Articles 50-59 of the Private International Law Act

It is not. The recognition and enforcement of foreign arbitral awards are governed by the New York Convention or the Turkish Private International Law Act, depending on the circumstances

60-63. The recognition and enforcement of international court decisions are determined in the relevant agreement.

It is subject to the prescribed procedure.

b. The foreign court decision must relate to civil litigation

The second prerequisite for recognition and enforcement is that the decision must relate to civil litigation. (MÖHUK m.50/f.2)

It is stated that recognition and enforcement decisions can be given regarding the provisions on personal rights contained in criminal judgments .

This has been done. In this context, what is important is not the nature of the court that made the decision, but the nature of the decision itself. In civil cases..

A decision regarding the matter is sufficient; it is irrelevant whether the decision is made by a criminal, administrative, or civil court.

c. The decision has become final

The third prerequisite for recognition and enforcement is a civil judgment rendered by a foreign court

This means the judgment has become final, that is, it has become a definitive judgment. 82 In this context, decisions that do not constitute a definitive judgment

For example, recognition and enforcement of temporary protection measures cannot be requested.

3. EssentialConditions (Article 54 of the Turkish Code of Private International Law)

When recognition or enforcement of a foreign court decision meeting the preconditions described above is requested, the Turkish

The court examines the relevant decision in terms of the conditions set forth in Article 54 of the Private International Law Act. Of these conditions, only the reciprocity condition is applicable

While not required for recognition purposes, other conditions are common to both recognition and enforcement.

a. Reciprocity requirement

Article 54/f.1-a of the Code of Private International Law, the principle of reciprocity applies between the Republic of Turkey and the state where the judgment was rendered.

an agreement based on (contractual reciprocity) or the enforcement of judgments issued by Turkish courts in that state

Enforcement requires the existence of a legal provision (legal reciprocity) or actual practice (de facto reciprocity)

It is applied as a condition.

Firstly, reciprocity can be a contractual reciprocity between the Republic of Türkiye and a foreign state or states

enforcement of judgments issued by the courts of the signatory states through a bilateral or multilateral agreement

If it has been agreed that this will happen, then we are talking about contractual reciprocity.

Secondly, even if there is no contractual reciprocity, Turkish citizens are liable under the relevant foreign state laws

It may have been decided that the decisions given by the courts will be enforced. In this case, due to legal reciprocity..

This is mentioned. At this point, it is important to note thatthe enforcement conditions stipulated by the foreign state's law apply to Turkish law.

The enforcement conditions in law should not be significantly more stringent. Otherwise, it will violate legal reciprocity

It cannot be mentioned.

Finally, even without contractual or legal reciprocity,the de facto practice in a foreign country is Turkish.

The principle of reciprocity exists when judgments issued by the courts are subject to enforcement.

b. The decision was made on a matter that does not fall within the exclusive jurisdiction of Turkish courts

Article 54/f.1-b of the Turkish Code of Private International Law, for the recognition and enforcement of a foreign court decision, that decision must be submitted to Turkish authorities.

It must be given on a matter that does not fall within the exclusive jurisdiction of the courts.83 Which rules constitute exclusive jurisdiction?

Whether or not this is a rule is not clarified in the Private International Law Act (MÖHUK). The provisions in the MÖHUK, or those referenced in Article 40 of the MÖHUK, primarily in the Code of Civil Procedure (HMK)..

Which of the domestic legal jurisdiction rules are exclusive jurisdiction rules?

The expression should be determined by considering its purpose and nature.

All rules of jurisdiction that constitute absolute jurisdiction in terms of domestic authority constitute exclusive jurisdiction in terms of international authority

That may not be the case. Because, in terms of domestic jurisdiction, the purpose of absolute jurisdiction is that if the case is to be heard in Türkiye, it must necessarily be heard in that specified place

While the purpose of exclusive jurisdiction in terms of international jurisdiction is that the case must be heard in Turkey, the aim is to ensure that the case is heard in Türkiye.

Which rules constitute exclusive jurisdiction rules in terms of international jurisdiction? This is discussed under the heading of international jurisdiction

It was announced.

c. The decision of a foreign court should not create excessive jurisdiction

Another condition for recognition and enforcement is that the foreign court decision does not create excessive jurisdiction. Excessive jurisdiction means that the decision..

a state court that grants itself jurisdiction even though it has no real connection with the subject matter of the case or the parties

This is granted by [the relevant authority]. In terms of the condition that there is no excessive authority as stipulated in Article 54/f.1- b of the Turkish Code of Private International Law No. 84 ..

The existence of jurisdiction exceeding the legal limit can only be examined if the defendant raises an objection regarding jurisdiction exceeding the legal limit.

d. The decision must not be clearly contrary to Turkish public order

Another condition for the recognition and enforcement of a foreign court decision is that the foreign court decision be recognized and enforced by the Turkish public

It must not be clearly contrary to the established order. (Article 54/f.1-ç of the Private International Law Act) The point to be noted here is that it must comply with Turkish law.

According to this, any kind of difference is considered a matter of public order, and the decision regarding public order is recognized and enforced on the grounds of public order

It will not prevent it. For a foreign decision to be considered clearly contrary to Turkish public order, the following must be stated in the decision:

The provision must be contrary to the fundamental principles of the constitution or the legal system. For example,a provision in

actions that destroy or significantly restrict fundamental rights and freedoms, are contrary to public morality, and violate Turkishlaw

The Republic's regulations governing transactions that constitute collusion against the foreign trade, customs, or tax legislation

Decisions cannot be recognized or enforced on the grounds that they are clearly contrary to public order.

e. The decision must have been made in compliance with the defendant's rights to defense

A final condition for the recognition and enforcement of a foreign court decision is that the decision respects the defendant's rights of defense

The decision must be enforced in accordance with the laws of the country that rendered the decision, as per Article 54/f.1-ç of the Private International Law Act .

The person sought was not duly summoned to the court that issued the judgment or represented in that court

or a judgment has been rendered in absentia or in a manner contrary to these laws, and this person

The fact that no objection has been raised to the Turkish court against the enforcement request based on one of the above points will result in enforcement

This is a requirement. According to Article 58/paragraph 1 of the Private International Law Act, this requirement will also be sought for recognition.

 The first point to note hereis that this condition has not been met, meaning that the right to defense has been violated.

The defendant must raise an objection to the decision. However, in Supreme Court rulings..

According to an accepted view, also defended in doctrine, if the violation of defense rights constitutes a violation of Turkish public order..

If it is of sufficient magnitude , the request for recognition and enforcement is made ex officio on the grounds of public order in accordance with Article 54/f.1-c of the Private International Law Act

It should be rejected.

Secondly, the failure to respect the rights of the defense will, as a rule,be determined according to the law of the court that rendered the decision.

This situationis stated in Article 54/f.1-ç of the Private International Law Act by saying "in accordance with the laws of that place". However, if the decision

The court's regulations regarding the right to defense significantly restrict or eliminate this right

If it is of a suspending nature, then merely complying with the laws of this country will not prevent this condition from being met.

For example, in a country with a legal regulation that allows a response time1-2days, the mere existence of this time frame constitutes sufficient grounds for defense.

This would constitute a violation of their rights.

4. Other Obstacles(Turkish Code of Private International Law, Article 55/paragraph 2)

According to Article 55/paragraph 2 of the Private International Law Act, the opposing party may only enforce the provisions of this section if the conditions for enforcement are not met

(preconditions set forth in Article 50 and essential conditions set forth in Article 54) or a foreign court judgment, in part or in part

fully fulfilledor that a reason has arisen preventing its fulfillment.

can.

Article 55/paragraph 2 of the Turkish Code of Private International Law gives rise to two more recognitionandenforcement conditions. These are that the foreign court judgment must be partially or fully recognized.

the foreign court judgment has not been fully fulfilled and a reason has arisen that prevents its enforcement

The two points will only be considered if raised by the defendant. Therefore, the defendant must not raise these issues .

in a situation where a foreign court judgment has been partially or completely executed or its execution has been prevented

He must raise an objection by stating that a reason has emerged.

a. Partial or complete non-enforcement of a foreign court judgment

The fact that a foreign court judgment has been executed constitutes an obstacle to recognition and enforcement.recognitionenforcement is foreign.

This is the performance that takes place after the court decision has been rendered. In accordance with the prohibition of revision (substantive evaluation)

As a rule, performance prior to a foreign court decision will not constitute an obstacle to recognitionorenforcement. Because Turkish

The Turkish court cannot examine the foreign court's decision on its merits. The Turkish court must consider the performance that took place before the decision

It is bound by the assessments of the foreign court. However, the matter is discussed after the foreign court's decision

The performance in question will constitute an obstacle to recognitionandenforcement, but this will not constitute a violation of the prohibition against revision.

The plaintiff objected on the grounds that he had testified during the proceedings in a foreign court, but the foreign court..

The court has not considered this matter at all; in this case, the recognition of performance prior to the decisionconstitutes an obstacle to enforcement.

It will be able to create.

The identity of the person making the statement is irrelevant. Regardless of who makes the statement, it will constitute an obstacle to recognitionandenforcement.

Set-off, as a means of terminating a debt, refers to the enforcement of a foreign court judgment. Therefore..

The exchange would also create an obstacle to recognitionandenforcement.

b. The absence of any reason preventing the enforcement of the foreign court judgment

The emergence of reasons preventing the execution of a foreign court judgment also constitutes an impediment to recognition and enforcement.

These impediments are legal reasons, not factual reasons stemming from the debtor. For example, the release of the debtor is one such reason

This is the situation. Similarly, if a foreign court decision stipulates a time limit for its enforcement, the expiration of that time limit constitutes recognition–

This will create an obstacle to enforcement. Similarly, the same applies to the foreign court's decision regarding the extradition of the child

The death of the child also constitutes a reason preventing the execution of the judgment.

The Importance of a Lawyer:

The enforcement of foreign court or arbitration decisions in Turkey is one of the most technical and procedural areas of law. As detailed above, Révision au fond (prohibition of substantive review), the Turkish judge does not re-examine the content of the decision; they only the formal requirements and public order .

At this point, the presence of an expert lawyer directly influences the outcome of the process:

1. Prevention of Procedural Errors that Lead to the Loss of Rights

The most common mistake in enforcement cases is that documents obtained from foreign countries do not meet formal requirements. If the finality certificate, Apostille (or consular certification) , and sworn translations are missing or improperly submitted, the case is dismissed on procedural grounds or hearings are postponed for months. The lawyer will put your file through these filters before submitting it to the court.

2. Overcoming the International Service of process impasse

In recognition/enforcement cases, the most common obstacle the notification process to the defendant . Notifications to a party's overseas address the 1965 Hague Convention or bilateral agreements. If the lawyer fails to track the notification codes and correspondence, a simple case can drag on for 3-4 years.

3. Analysis of Public Order and Reciprocity Risks

The court will, on its own initiative, examine whether the decision is clearly contrary to Turkish public order and whether there is reciprocity between the two countries . Presenting legal arguments correctly to the court is essential for winning the case, especially in situations where the opposing party's right to defense has been violated (e.g., a decision made in absentia without notification).

4. Evaluation of Alternative High-Speed ​​Routes

Particularly in the recognition of foreign divorce decrees , it has become possible to have the administrative registration done through the Population Registry Office without going to court, provided both parties (or their representatives) are present . The lawyer guides their client towards the fastest and least expensive legal avenue.