Recognition and Enforcement of Foreign Court Judgments in Türkiye

In today’s increasingly interconnected world, characterized by growing volumes of international trade, investment, and personal relationships, the need for foreign court judgments to produce legal effects in Türkiye arises frequently. For instance, in order for a foreign judgment—such as an award of damages, a divorce decree, a ruling on a commercial dispute, or a judgment in a debt claim—to be effective in Türkiye, it must be subjected to the procedures of recognition or enforcement.

These procedures are governed by the provisions of Law No. 5718 on Private International Law and Procedural Law (“PIL”), which require compliance with specific conditions relating to both procedural and substantive law.

A. Concepts of Recognition and Enforcement

Recognition: Recognition refers to the process by which a foreign court judgment is granted res judicata effect or evidentiary finality in Türkiye. Once recognized, the foreign judgment becomes legally valid in Türkiye without the need for a retrial; however, recognition alone does not confer enforceability. For example, the registration of a foreign divorce decree in the Turkish civil registry is possible through recognition.

Enforcement: Enforcement (exequatur) enables a foreign court judgment to be executed in Türkiye. An enforcement decision allows the foreign judgment to be enforced by Turkish enforcement offices in the same manner as a domestic judgment. Consequently, judgments containing performance obligations—such as payment of money, compensation, or delivery of immovable property—require the initiation of an enforcement action.

In summary: Recognition grants legal validity; enforcement grants enforceability.

B. Conditions for Recognition and Enforcement under PIL

Pursuant to Articles 50 to 59 of PIL, the following conditions must be met for a foreign court judgment to be recognized or enforced in Türkiye:

1. Final Judgment: The foreign court judgment must be final according to the law of the country where it was rendered. A certificate of finality must be obtained from the competent authority of that country and duly authenticated.

2. Civil or Commercial Nature: The judgment must relate to matters of civil or commercial law, not criminal sanctions.

3. No Violation of Exclusive Jurisdiction: The subject matter of the case must not fall within the exclusive jurisdiction of Turkish courts. For instance, Turkish courts have exclusive jurisdiction over cases concerning rights in rem on immovable property located in Türkiye.

4. Reciprocity: The principle of reciprocity must be satisfied—meaning that the country in which the judgment was issued must allow for the recognition and enforcement of Turkish court judgments under similar conditions.

5. No Contradiction with Public Policy: The judgment must not be manifestly contrary to Turkish public policy. The public policy review encompasses not only the merits of the decision but also whether the proceedings complied with the principles of a fair trial.

6. Respect for the Right to a Defense: If the judgment was rendered without duly serving notice to the parties or without granting them the opportunity to present their defense, recognition and enforcement will not be possible.

C. Application Procedure

Applications for recognition and enforcement must be filed as an action before the competent Turkish court of first instance (Asliye Hukuk Mahkemesi). The competent court will be determined according to the nature of the foreign judgment (for example, Family Courts for family law matters, Commercial Courts for commercial claims).

C.1. Documents to Be Submitted with the Statement of Claim:

• The original or an authenticated copy of the foreign court judgment,

• A document certifying that the judgment is final,

• Turkish translations of the documents prepared by a sworn translator,

• An apostille certificate or, where applicable, consular authentication in accordance with the procedures between Türkiye and the foreign country concerned.

Once the court examines these documents and commences the proceedings, it will hear the parties and, upon finding that all legal requirements have been met, will render a decision on recognition or enforcement.

C.2. Key Differences Between Recognition and Enforcement

Feature	Recognition	Enforcement
Purpose	Grants res judicata/evidentiary effect	Grants enforceability
Application	Personal status matters, divorce, etc.	Monetary claims, damages, performance orders
Enforceability	No	Yes
Outcome	Judgment becomes valid without retrial	Judgment can be executed through enforcement offices

D. Execution and Implementation

A foreign judgment for which an enforcement decision has been obtained may be executed in Türkiye as if it were a domestic judgment. The enforcement office will proceed in accordance with the rules of ilamlı icra (enforcement of judgments). Without an enforcement decision, however, a foreign court judgment cannot be executed in Türkiye.

E. Conclusion

For foreign court judgments to acquire legal validity and enforceability in Türkiye, the recognition and enforcement procedures must be carried out in compliance with Turkish domestic law. Otherwise, applications may be rejected due to reasons such as failure to meet the preliminary conditions, submission of incomplete or improperly authenticated documents, defective service of process, violation of the right to a defense, lack of reciprocity, or contravention of public policy. As a result, the foreign judgment may not be recognized as valid or enforceable in Türkiye.