Recognition of Foreign Judgments in Turkey

In an increasingly globalized world, the cross-border enforcement of court judgments is gaining ever greater importance. The recognition of foreign judgments makes it possible to enforce court decisions issued abroad also in Turkey. Turkish law regulates the requirements and the procedure for the recognition of foreign judgments in Articles 50 to 59 of the Act No. 5718 on Private International and Procedural Law (MÖHUK).

Table of Contents

• Why must a foreign judgment be recognized in Turkey?
• Where must the foreign judgment be recognized?
• How does the recognition procedure work?
• Which documents must be submitted to the court?
• What are the legal consequences of the recognition?

Why must a foreign judgment be recognized in Turkey?

A judgment issued abroad does not automatically produce legal effects in Turkey. This derives from the principle of state sovereignty, according to which sovereign acts of one state do not automatically claim validity in another state. Recognition is therefore required in order to:

• Establish legal certainty: The foreign judgment is reviewed by Turkish courts and thereby obtains domestic validity.
• Enable enforceability: Only recognized judgments can be enforced in Turkey, for example in cases of payment claims or transfers of ownership.
• Avoid duplicate proceedings: Recognition prevents the same dispute from having to be litigated again before Turkish courts.
• Enforce rights: Entitled parties may assert their rights obtained abroad against persons or assets located in Turkey.

Where must the foreign judgment be recognized?

The territorial and subject-matter jurisdiction for recognition proceedings is clearly defined under Turkish law:

Subject-matter jurisdiction: Pursuant to Article 58 MÖHUK, civil chambers of the Courts of First Instance (Asliye Hukuk Mahkemesi) are competent for recognition proceedings. If the foreign judgment concerns commercial disputes, the competent courts are the Commercial Chambers of the Courts of First Instance (Asliye Ticaret Mahkemesi). In family law matters, such as divorce judgments or judgments on maintenance, the Family Courts (Aile Mahkemeleri) are competent.

Territorial jurisdiction:

1. The competent court is the court at the domicile of the respondent (the person against whom recognition is sought).
2. If the respondent has no domicile in Turkey, the courts in Ankara, Istanbul, and Izmir are competent.
3. For judgments concerning immovable property, the competent court is the Court of First Instance in whose district the property is located.

How does the recognition procedure work?

The recognition procedure is a regular court process in which both parties participate. If the prevailing party in the foreign judgment applies for recognition, this application is served on the losing party, who then has the opportunity to present its arguments.

1. Formal review: The court examines whether all required documents have been submitted completely and properly.
2. Substantive review: The court examines whether the statutory requirements for recognition under Article 54 MÖHUK are fulfilled:
   • Reciprocity between Turkey and the state of the judgment
   • The subject matter does not fall within the exclusive jurisdiction of Turkish courts
   • Proper service on the respondent and the granting of the right to be heard
   • No violation of Turkish ordre public (public policy)
   • The foreign judgment is final and binding
3. Oral hearing: The parties are summoned to an oral hearing and may submit statements.
4. Court decision: The court decides by judgment whether the foreign judgment will be recognized. If the decision is positive, the foreign judgment is declared enforceable.
5. Legal remedies: The parties may file an appeal with the Court of Appeal within two weeks.

Which documents must be submitted to the court?

The following documents are required for a successful recognition procedure:

• The original foreign judgment with an Apostille pursuant to the Hague Convention
• Certificate of finality, proving that the foreign judgment is final and enforceable
• A notarized Turkish translation of the foreign judgment

What are the legal consequences of the recognition?

The successful recognition of a foreign judgment by a Turkish court has far-reaching legal consequences:

Enforceability: The recognized judgment can be enforced in Turkey like a domestic judgment. This includes in particular:
• Enforcement against movable and immovable property
• Garnishment of bank accounts and receivables
• Registration in the land registry
• Enforcement of maintenance claims

Binding effect: The recognized judgment becomes binding in Turkey. The legal matter decided by the judgment cannot be litigated again before Turkish courts.

Register effects: In family-law decisions (such as divorce), after recognition, registration may be made in the Turkish civil registry (nüfus).