Recognition and Enforcement of Foreign Court Judgments in Turkey: Requirements, Procedure and Common Refusal Grounds

Introduction

A judgment obtained outside Turkey does not normally become directly enforceable against a debtor, bank account, company, property or other asset located in Turkey.

Even where the foreign judgment is final and enforceable in the country where it was issued, a Turkish court must ordinarily grant recognition or enforcement before the judgment can produce the required legal effect in Turkey.

This procedure is governed principally by Law No. 5718 on International Private and Procedural Law, commonly referred to as MÖHUK.

The correct procedure depends on what the foreign judgment requires.

If the judgment orders a person or company to:

• Pay money,
• Deliver property,
• Perform an obligation,
• Refrain from an act,

the applicant will generally need an enforcement decision, known as tenfiz.

If the foreign judgment concerns a legal status or is relied upon as final evidence, the applicant may need recognition, known as tanıma.

Recognition and enforcement are not a retrial of the original dispute. The Turkish court examines whether the foreign judgment satisfies the statutory conditions for producing legal effect in Turkey.

Recognition and Enforcement Are Different

Recognition

Recognition allows a foreign judgment to be treated in Turkey as:

• A final judgment,
• Conclusive evidence,
• A legally effective determination of status.

Recognition is commonly relevant to judgments concerning:

• Divorce,
• Annulment of marriage,
• Parentage,
• Adoption,
• Inheritance status,
• Ownership declarations,
• Contractual validity.

A recognised judgment may prevent the same issue from being litigated again in Turkey.

Enforcement

Enforcement gives the foreign judgment compulsory execution power in Turkey.

It is required where the successful party wants to use Turkish enforcement authorities to:

• Attach bank accounts,
• Seize real estate,
• Attach company receivables,
• Collect a monetary award,
• Require delivery or performance.

MÖHUK provides that a final foreign civil judgment may be executed in Turkey only after the competent Turkish court grants enforcement. Recognition, by contrast, concerns acceptance of the foreign judgment as final evidence or a final judgment.

Which Foreign Decisions Can Be Recognised or Enforced?

The ordinary MÖHUK procedure applies to judgments issued by foreign courts in civil-law matters.

Eligible judgments may concern:

• Commercial contracts,
• Debt and compensation,
• Property,
• Family law,
• Employment,
• Insurance,
• Inheritance,
• Company disputes,
• Intellectual property,
• Other private-law matters.

Civil compensation provisions contained in foreign criminal judgments may also be submitted for enforcement. The criminal conviction or criminal penalty itself is not enforced through the ordinary civil tenfiz procedure.

Must the Judgment Come From a Court?

The ordinary recognition and enforcement procedure generally concerns judgments issued by a foreign judicial authority.

A decision issued by:

• Arbitral tribunal,
• Administrative agency,
• Tax authority,
• Professional association,
• Private dispute board

is not automatically treated as a foreign court judgment.

Foreign arbitral awards are governed by a separate enforcement regime under MÖHUK Articles 60 and following and, where applicable, the New York Convention.

Certain foreign administrative decisions concerning divorce or marital status may benefit from a special administrative registration procedure under Turkish population legislation. This special route should not be confused with ordinary recognition and enforcement of foreign court judgments.

Finality of the Foreign Judgment

A foreign judgment must be final under the law of the country where it was issued.

The applicant must normally provide:

• The certified original or an officially certified copy of the judgment,
• A separate certificate showing that the judgment has become final, unless finality is clearly recorded on the judgment,
• Certified Turkish translations.

Turkish courts determine finality according to the law and official documentation of the issuing country. A judgment that remains subject to ordinary review and has not become final may not satisfy the ordinary MÖHUK requirement.

What About Provisionally Enforceable Judgments?

Some legal systems allow a judgment to be enforced before every appeal has been completed.

Whether such a judgment satisfies the Turkish finality requirement requires examination of:

• Nature of the foreign decision,
• Effect under the issuing country’s law,
• Whether it is final or merely provisionally enforceable,
• Any applicable bilateral or multilateral treaty.

The ordinary MÖHUK route is based on a foreign judgment that has become final under the issuing state’s law. Interim injunctions and provisional procedural orders therefore require separate analysis and may not qualify for ordinary recognition or enforcement.

Who Can Request Recognition or Enforcement?

Any person with a legal interest in the recognition or enforcement of the foreign judgment may apply.

The applicant may be:

• Successful claimant,
• Defendant relying on the judgment,
• Legal successor,
• Heir,
• Assignee of the judgment debt,
• Another person whose Turkish legal position depends on the foreign judgment.

The petition must identify:

• Applicant,
• Opposing party,
• Representatives,
• Foreign court,
• Judgment date and number,
• Summary of the operative provisions,
• Part of the judgment for which enforcement is requested.

Partial enforcement may be requested where only part of the foreign judgment needs to be executed in Turkey.

Which Turkish Court Is Competent?

MÖHUK states that enforcement applications are handled by the competent court of first instance.

Territorial jurisdiction is determined in the following order:

1. Court at the defendant’s Turkish residence,
2. If there is no residence, court where the defendant is staying in Turkey,
3. If neither exists, one of the competent courts in Ankara, Istanbul or İzmir.

The subject matter of the foreign judgment may also affect the specialised court or chamber before which the application should be brought. Family, commercial and other specialised court structures should therefore be examined when preparing the case.

Can the Application Be Filed Where the Debtor’s Property Is Located?

For foreign court judgments, MÖHUK Article 51 primarily uses the defendant’s residence or place of stay and, in their absence, Ankara, Istanbul or İzmir.

This should not be confused with the separate jurisdiction rule for foreign arbitral awards, which may refer to the location of assets where the debtor has no residence or place of stay in Turkey.

Documents Required for the Application

The applicant should normally submit:

• Recognition or enforcement petition,
• Certified foreign judgment,
• Finality certificate,
• Apostille or consular legalisation where required,
• Certified Turkish translations,
• Power of attorney,
• Identity or corporate documents,
• Address information for service,
• Supporting documents concerning service and representation where relevant.

MÖHUK expressly requires the certified foreign judgment and the official document proving finality, together with certified translations.

Apostille and Consular Legalisation

A foreign judgment is a foreign public document. Its authenticity must normally be certified before it can be relied upon in Turkey.

Where both countries are bound by the 1961 Hague Apostille Convention, the relevant authority in the issuing country may place an apostille on:

• Judgment,
• Finality certificate,
• Other qualifying official documents.

The Apostille Convention replaces the traditional diplomatic or consular legalisation chain with a single apostille issued by the competent authority of the country of origin. Turkey has been bound by the Convention since 29 September 1985.

Where the issuing country is not covered by the Apostille Convention in relation to Turkey, the document may require consular or diplomatic legalisation unless an applicable bilateral treaty provides another procedure.

What Does an Apostille Prove?

An apostille generally confirms:

• Authenticity of the signature,
• Capacity in which the signatory acted,
• Identity of the seal or stamp.

It does not prove:

• That the judgment is legally correct,
• That it satisfies Turkish public policy,
• That the foreign court had acceptable jurisdiction,
• That the judgment is enforceable in Turkey,
• That the defendant was properly served.

Those questions remain for the Turkish recognition or enforcement court.

Turkish Translation Requirements

The judgment, finality certificate and other foreign-language documents must be translated into Turkish.

The translation should include:

• Entire judgment,
• Operative section,
• Court seals,
• Signatures,
• Finality annotation,
• Apostille,
• Attachments necessary to understand the decision.

A partial translation can create uncertainty about:

• Parties,
• Claims,
• Service history,
• Appeal rights,
• Exact amount awarded,
• Interest,
• Costs.

The translation should be certified through the legally accepted Turkish procedure.

Main Conditions for Enforcement

MÖHUK Article 54 identifies the principal enforcement conditions:

1. Reciprocity,
2. Absence of conflict with Turkish exclusive jurisdiction and, upon objection, absence of an exorbitant foreign jurisdiction lacking a genuine connection,
3. No manifest conflict with Turkish public policy,
4. Respect for the defendant’s right to notice, representation and defence.

Reciprocity

Enforcement of a foreign court judgment ordinarily requires reciprocity between Turkey and the issuing country.

Reciprocity may be based on:

• International agreement,
• Foreign statutory provision permitting enforcement of Turkish judgments,
• Actual practice of the foreign country’s courts.

A formal bilateral treaty is therefore not always mandatory. Legal or factual reciprocity may also be sufficient.

The Ministry of Justice publishes information concerning bilateral and multilateral judicial cooperation agreements between Turkey and numerous states. These agreements may regulate service, legal assistance, recognition or enforcement and should be checked before relying only on the general MÖHUK rules.

Is Reciprocity Required for Recognition?

No.

MÖHUK Article 58 expressly excludes the reciprocity condition from ordinary recognition.

A foreign judgment may therefore be recognised in Turkey even where the issuing country would not enforce a comparable Turkish judgment, provided that the other recognition conditions are satisfied.

This is one of the most important differences between recognition and enforcement.

Turkish Exclusive Jurisdiction

Enforcement may be refused if the foreign judgment concerns a subject falling within the exclusive jurisdiction of Turkish courts.

Exclusive jurisdiction should be distinguished from ordinary jurisdiction.

The fact that a Turkish court could also have heard the dispute does not automatically make its jurisdiction exclusive.

Potential exclusive-jurisdiction issues may arise in matters closely connected to:

• Rights in Turkish real estate,
• Certain registry matters,
• Other subjects reserved exclusively to Turkish authorities by law.

The foreign judgment must be examined according to its substance rather than only the title of the case.

Exorbitant Foreign Jurisdiction

Enforcement may also be refused, upon the defendant’s objection, where the foreign court assumed jurisdiction despite the dispute or parties having no genuine connection with that country.

This provision is aimed at foreign judgments based on an excessive or artificial jurisdictional connection.

The Turkish court does not automatically review this issue without the relevant objection. MÖHUK Article 54 expressly links this refusal ground to an objection by the party against whom enforcement is requested.

Turkish Public Policy

A foreign judgment cannot be enforced where its result is manifestly contrary to Turkish public policy.

Public policy does not mean that the foreign court must have applied Turkish law or reached the same result that a Turkish court would have reached.

The Turkish court should not refuse enforcement merely because:

• Foreign substantive law differs,
• Damages are calculated differently,
• Foreign procedure is unfamiliar,
• The Turkish court might have interpreted the contract differently.

The statutory test is whether recognising or enforcing the result would be manifestly incompatible with fundamental Turkish legal principles.

Examples of Possible Public Policy Issues

Depending on the facts, public policy objections may concern:

• Serious denial of the right to defence,
• Enforcement of an unlawful or prohibited obligation,
• Judgment based on fraud affecting fundamental procedural fairness,
• Result incompatible with fundamental constitutional principles,
• Clearly punitive or confiscatory consequences incompatible with the Turkish legal order.

Public policy is assessed according to the concrete effect of the foreign judgment in Turkey.

It should not become a disguised appeal on the merits.

Proper Service and the Right to Defence

Enforcement may be refused where the defendant:

• Was not properly summoned under the issuing country’s law,
• Was not represented,
• Was subjected to a judgment in absence contrary to the applicable foreign procedural rules,

and raises this objection before the Turkish court.

The applicant should therefore preserve evidence showing:

• How the original proceedings were served,
• Date of service,
• Documents served,
• Address used,
• Time given to respond,
• Whether the defendant appeared,
• Whether legal representation was provided.

Are Default Judgments Automatically Refused?

No.

A judgment issued in the defendant’s absence is not automatically unenforceable.

The key questions include:

• Was the defendant properly notified?
• Was sufficient opportunity to defend provided?
• Did the procedure comply with the law of the issuing country?
• Has the defendant raised the relevant objection in Turkey?

A defendant who deliberately ignored properly served foreign proceedings cannot necessarily prevent enforcement merely because the judgment was issued by default.

International Service of Documents

The validity of service may depend on:

• Domestic law of the issuing country,
• Hague Service Convention,
• Bilateral judicial assistance treaty,
• Diplomatic or consular channels,
• Approved postal or electronic service methods.

Turkey has bilateral judicial cooperation arrangements with many states, and the applicable treaty should be reviewed for the specific country and date of service.

The applicant should not assume that an e-mail or ordinary postal envelope proves valid judicial service.

Can the Turkish Court Review the Merits?

The Turkish recognition or enforcement court does not ordinarily conduct a full retrial of the foreign dispute.

The court does not decide again:

• Whether the contract was breached,
• Whether witnesses were credible,
• Whether damages were calculated correctly,
• Whether foreign law was interpreted correctly.

The court examines the statutory recognition and enforcement conditions.

The defendant’s objections are limited principally to:

• Absence of statutory conditions,
• Full or partial satisfaction of the foreign judgment,
• A later circumstance preventing enforcement.

Payment of the Judgment Before the Turkish Case

A debtor may oppose enforcement by proving that the foreign judgment has already been:

• Fully paid,
• Partly paid,
• Settled,
• Discharged,
• Otherwise rendered unenforceable.

The Turkish court may grant partial enforcement for the unpaid portion.

The debtor should provide reliable evidence, including:

• Bank records,
• Settlement agreement,
• Creditor receipt,
• Foreign enforcement records.

A disputed informal payment statement may not be sufficient.

Procedure Before the Turkish Court

The recognition or enforcement application is examined under the simplified trial procedure.

The petition and hearing date are served on the opposing party.

The opposing party may submit objections based on the limited statutory grounds.

The court may:

• Recognise or enforce the entire judgment,
• Recognise or enforce part of the judgment,
• Reject the application.

The enforcement decision is recorded in connection with the foreign judgment in accordance with MÖHUK.

Is a Hearing Required?

The opposing party is generally served with the petition and hearing date.

Non-contentious decisions are also governed by the recognition and enforcement framework. In non-adversarial non-contentious matters, the ordinary service requirement may not apply in the same way.

Where the defendant is outside Turkey, international service may significantly affect the duration of the proceedings.

Can Recognition or Enforcement Be Granted Partially?

Yes.

The applicant may request enforcement of only a particular part of the foreign judgment.

The Turkish court may also grant partial recognition or enforcement where:

• Some provisions satisfy the statutory requirements,
• Another provision is contrary to public policy,
• Part of the judgment has already been paid,
• Only the monetary section requires execution.

The operative provisions must be sufficiently separable for partial enforcement.

Appeal

A Turkish judgment accepting or rejecting enforcement is subject to the ordinary appellate framework.

MÖHUK provides that an appeal against the recognition or enforcement decision suspends execution.

The creditor should therefore distinguish between:

• Obtaining the first-instance enforcement judgment,
• Judgment becoming procedurally executable,
• Final compulsory collection against the debtor’s assets.

Where urgent asset preservation is necessary, separate interim measures may need to be considered.

Effect of an Enforcement Decision

Once enforcement is granted, the foreign judgment is executed in the same manner as a Turkish court judgment.

The creditor may then apply to the Turkish enforcement office and seek measures such as:

• Bank account attachment,
• Real estate attachment,
• Vehicle attachment,
• Third-party receivable attachment,
• Sale of attached assets.

The enforcement judgment does not guarantee payment. The debtor must still possess attachable assets with sufficient value.

Effect of Recognition

A recognised foreign judgment has final judgment and conclusive evidentiary effect in Turkey from the date on which the foreign decision became final.

Recognition may therefore be used to:

• Update legal status,
• Prevent repeated litigation,
• Rely on a foreign determination in another Turkish proceeding,
• Support an administrative registration.

The legal effect dates back to the foreign judgment’s finality rather than beginning only on the date of the Turkish recognition decision.

Foreign Divorce Decisions

A foreign divorce decision may need recognition in Turkey so that the person is no longer treated as married under Turkish records and law.

Recognition may affect:

• Ability to remarry,
• Civil registry,
• Inheritance,
• Spousal status,
• Property proceedings,
• Passport and family records.

Certain foreign divorce, annulment or marital-status decisions may be registered directly through the Turkish population authorities if the statutory and regulatory conditions are satisfied.

Where the administrative requirements are not met, judicial recognition may still be required.

Administrative Registration Does Not Enforce Every Divorce Provision

Administrative registration of a foreign divorce decision should not be assumed to enforce all related provisions concerning:

• Compensation,
• Maintenance,
• Property division,
• Custody,
• Delivery of a child.

These provisions may require:

• Judicial recognition,
• Enforcement,
• Separate proceedings,
• Application of an international convention.

The precise relief sought should be separated before choosing the administrative or judicial route.

Custody and Child-Related Judgments

Foreign judgments concerning custody, contact and child protection may be affected by:

• MÖHUK,
• Hague conventions,
• European conventions,
• Child’s habitual residence,
• Best interests of the child,
• Later changes in circumstances.

A final foreign custody judgment does not necessarily resolve every future custody issue permanently. Turkish courts may need to consider subsequent circumstances and applicable international child-protection rules.

The appropriate procedure should be examined according to the country, type of decision and child’s present location.

Commercial Judgments

A foreign commercial judgment ordering payment against a Turkish company generally requires enforcement before Turkish assets can be seized.

Before filing, the creditor should investigate:

• Debtor’s current trade registry status,
• Registered office,
• Bank and asset position,
• Concordat or bankruptcy,
• Existing mortgages and attachments,
• Whether the judgment debtor is the correct Turkish legal entity.

Winning an enforcement case may have limited financial value if the debtor has no attachable property.

Judgments Against Turkish Shareholders or Directors

A judgment against a foreign or Turkish company cannot automatically be enforced against:

• Shareholders,
• Directors,
• Parent companies,
• Affiliates.

The persons against whom enforcement is requested must ordinarily be judgment debtors or separately liable under another enforceable legal basis.

Corporate ownership alone does not make the shareholder personally responsible for the company’s judgment debt.

Foreign Judgments Concerning Turkish Real Estate

A foreign judgment affecting ownership or real rights in Turkish real estate requires special attention.

Turkish law applies to rights in immovable property located in Turkey, and Turkish land registry matters may fall within Turkish exclusive jurisdiction.

A foreign judgment directly ordering transfer or registration of Turkish real estate may therefore face an exclusive-jurisdiction objection.

The exact operative provision and legal nature of the judgment must be examined before filing the recognition or enforcement case.

Foreign Probate and Succession Judgments

A foreign probate order, succession certificate or inheritance judgment may require Turkish recognition or approval before it can be used for:

• Turkish land registry,
• Banks,
• Company shares,
• Estate administration.

Where the estate contains Turkish real property, Turkish inheritance and land registry rules become particularly important.

A foreign executor’s authority should not be assumed to apply automatically to Turkish assets.

Bilateral and Multilateral Treaties

MÖHUK expressly preserves the application of international agreements to which Turkey is a party.

Before filing, the applicant should determine whether a treaty with the issuing country:

• Removes the reciprocity inquiry,
• Simplifies document authentication,
• Regulates service,
• Creates additional refusal grounds,
• Provides a different competent authority,
• Covers only specified judgment types.

The Ministry of Justice maintains country-specific information concerning judicial cooperation agreements.

Common Reasons Applications Fail

Recognition or enforcement applications commonly fail because:

• Judgment is not final,
• Finality certificate is missing,
• Judgment is not properly authenticated,
• Apostille is incomplete,
• Translation omits important sections,
• Wrong party is named,
• Wrong Turkish court is selected,
• Reciprocity cannot be established for enforcement,
• Foreign court used an excessive jurisdictional basis,
• Matter falls within Turkish exclusive jurisdiction,
• Defendant was not properly served,
• Judgment is manifestly contrary to Turkish public policy,
• Debt has already been paid,
• Foreign document is an administrative or interim decision rather than an enforceable court judgment.

Practical Step-by-Step Procedure

Step 1: Identify the required effect

Determine whether the client needs:

• Recognition,
• Enforcement,
• Both recognition and enforcement,
• Administrative civil-registry registration.

Step 2: Review the foreign decision

Confirm:

• Issuing authority,
• Civil nature,
• Parties,
• Operative provisions,
• Finality,
• Enforceability.

Step 3: Check treaties and reciprocity

Determine whether Turkey and the issuing country have:

• Bilateral agreement,
• Multilateral convention,
• Legal or factual reciprocity.

Step 4: Obtain the complete certified judgment

Do not rely only on a lawyer’s informal copy or online case printout.

Step 5: Obtain proof of finality

Request an official certificate showing the judgment is final under the issuing country’s law.

Step 6: Complete apostille or legalisation

Use the correct process for the country of origin.

Step 7: Arrange certified Turkish translation

Translate the complete judgment, finality document and apostille.

Step 8: Collect service evidence

Obtain documents showing how the original proceedings were served on the defendant.

Step 9: Select the competent Turkish court

Review:

• Defendant’s residence,
• Place of stay,
• Subject matter,
• Specialised court structure.

Step 10: File the petition

Clearly state whether full or partial recognition or enforcement is requested.

Step 11: Complete service in Turkey or abroad

Provide accurate addresses and international service information.

Step 12: Respond to objections

Address:

• Reciprocity,
• Jurisdiction,
• Public policy,
• Service,
• Payment,
• Later obstacles.

Step 13: Complete appellate stages

Monitor whether the decision has become executable under the applicable rules.

Step 14: Begin Turkish enforcement

After enforcement is available, identify and attach the debtor’s Turkish assets.

Document Checklist

The applicant should ordinarily prepare:

1. Certified foreign judgment.
2. Finality certificate.
3. Apostille or consular legalisation.
4. Certified Turkish translations.
5. Evidence of service in the foreign case.
6. Applicant’s passport or company records.
7. Turkish tax identification number where needed.
8. Turkish lawyer’s power of attorney.
9. Debtor’s Turkish address.
10. Trade registry information for a company debtor.
11. Payment and settlement records.
12. Treaty and reciprocity information.
13. Documents identifying Turkish assets.

Frequently Asked Questions

Can a foreign judgment be enforced directly in Turkey?

No. A Turkish enforcement judgment is ordinarily required before compulsory execution against Turkish assets.

What is the difference between recognition and enforcement?

Recognition gives the foreign judgment final judgment or evidentiary effect. Enforcement additionally permits compulsory execution.

Is reciprocity required?

It is ordinarily required for enforcement but not for recognition.

Is a bilateral treaty always necessary?

No. Reciprocity may arise from a treaty, foreign legislation or actual foreign court practice.

Must the foreign judgment be final?

Yes. The ordinary MÖHUK procedure requires a judgment that has become final under the law of the issuing state.

Is a separate finality certificate required?

Usually yes, unless finality is officially and sufficiently recorded on the judgment itself.

Is an apostille required?

It is commonly required where the issuing country and Turkey are bound by the Apostille Convention. Otherwise, consular legalisation or a treaty-based procedure may apply.

Does the apostille prove the judgment is enforceable?

No. It authenticates the public document but does not determine whether Turkish enforcement conditions are satisfied.

Must the judgment be translated into Turkish?

Yes. Certified Turkish translations of the judgment and finality documents are required.

Which Turkish court is competent?

The competent court is generally determined by the defendant’s residence or place of stay in Turkey. If neither exists, an application may be filed in Ankara, Istanbul or İzmir.

Can the Turkish court reconsider the original dispute?

Ordinarily no. The court reviews the statutory recognition or enforcement conditions rather than retrying the merits.

Can a default judgment be enforced?

Potentially yes, provided that the defendant was properly notified and had a fair opportunity to defend.

Can enforcement be refused because foreign law differs from Turkish law?

Difference alone is insufficient. The result must be manifestly contrary to Turkish public policy.

Can part of the judgment be enforced?

Yes, where the relevant parts are separable and satisfy the statutory conditions.

Can the debtor prove that the judgment was paid?

Yes. Full or partial satisfaction may be raised as an objection.

Does an enforcement decision immediately produce payment?

No. The creditor must still begin Turkish enforcement and locate attachable assets.

Can a foreign divorce judgment be recognised administratively?

Certain qualifying divorce and marital-status decisions may be registered through the population authorities if the statutory requirements are satisfied. Otherwise, judicial recognition may be required.

Does administrative divorce registration enforce maintenance or compensation?

Not automatically. Monetary and other enforceable provisions may require a judicial enforcement procedure.

Can a foreign criminal judgment be enforced?

The criminal penalty itself is not enforced through ordinary civil tenfiz. Civil personal-right provisions contained in the criminal judgment may be eligible.

Can a foreign arbitral award use the same procedure?

No. Foreign arbitral awards are subject to a separate statutory and treaty-based enforcement regime.

Can a foreign judgment transfer Turkish real estate?

A judgment affecting real rights in Turkish property may face exclusive Turkish jurisdiction and land registry issues. It requires specific examination.

Does an appeal stop enforcement?

MÖHUK provides that an appeal against the Turkish enforcement decision suspends execution.

Conclusion

Foreign court judgments do not normally become directly enforceable in Turkey.

A foreign judgment requiring payment, delivery or compulsory performance must generally receive a Turkish enforcement decision before the creditor can attach Turkish assets.

Recognition is used where the foreign judgment must be accepted as:

• Final judgment,
• Conclusive evidence,
• Determination of legal status.

The foreign judgment must ordinarily:

• Concern a civil-law matter,
• Be issued by a foreign court,
• Be final under the issuing country’s law,
• Be properly authenticated and translated.

Enforcement additionally requires reciprocity between Turkey and the issuing country. Reciprocity may be based on a treaty, foreign legislation or actual practice. Recognition does not require reciprocity.

The Turkish court also examines whether:

• The matter falls within Turkish exclusive jurisdiction,
• The foreign court relied on an excessive and artificial jurisdictional basis,
• The result is manifestly contrary to Turkish public policy,
• The defendant was properly notified and given an opportunity to defend.

The Turkish court does not ordinarily retry the underlying case.

The defendant may principally argue that:

• Statutory conditions are absent,
• Judgment was paid fully or partly,
• A later circumstance prevents enforcement.

The applicant should obtain the complete certified judgment, finality certificate, apostille or legalisation, Turkish translations and evidence of service before filing.

Once enforcement is granted and becomes executable, the foreign judgment is enforced like a Turkish judgment. The creditor must still locate and attach the debtor’s bank accounts, real estate, vehicles, receivables or other assets.

Special procedures may apply to foreign divorce decisions, arbitral awards, child-related decisions, inheritance judgments and decisions concerning Turkish real estate.