Enforcing Foreign Judgments in Türkiye: an overview
A foreign court judgment does not automatically take effect in Türkiye. To enforce it, the judgment must first be recognised and enforced through the Turkish courts under the rules of Turkish private international law. This note summarises the general framework for information purposes.
What is required?
Turkish private international law sets out conditions that must generally be met, including:
- The judgment must be final and enforceable in its country of origin
- The Turkish courts must not have exclusive jurisdiction over the matter
- The judgment must not be contrary to Turkish public policy
- Reciprocity between Türkiye and the state of origin (in practice, or by treaty or law)
How the process works
- Filing: An application for recognition and enforcement is filed with the competent Turkish court.
- Examination: The court reviews the conditions set out in the applicable rules.
- Decision: If the conditions are met, the court declares the judgment enforceable.
- Enforcement: The recognised judgment is then executed through the ordinary enforcement process.
Practical considerations
- Keep certified and translated copies of the judgment and supporting documents.
- Confirm the finality of the judgment in its country of origin.
- Assess the reciprocity position and any applicable treaties at the outset.
Summary
Enforcing a foreign judgment in Türkiye is possible but requires a separate recognition and enforcement procedure. The specific conditions depend on the origin of the judgment and the facts of the case.
This content is general information only and does not constitute legal advice. Consult a qualified lawyer about your specific situation.