Recognition and Enforcement of Foreign Judgments in Turkey

A foreign civil court judgment normally cannot be executed in Turkey by itself. To produce enforceable consequences in Turkey, the judgment may need recognition or enforcement by a competent Turkish court under Law No. 5718 on Private International and Procedural Law.

Recognition is used when the foreign judgment needs to be accepted for its legal effect. Enforcement is required when the judgment must be executed against a person or asset in Turkey, such as payment of money, transfer of property or another enforceable obligation.

Günser + Partners assists individuals, foreign companies and foreign counsel with recognition and enforcement proceedings in Turkey.

This service may include:

• Reviewing the foreign judgment and finality documents
• Assessing whether recognition, enforcement or both are needed
• Checking whether the judgment concerns a civil matter capable of recognition or enforcement
• Reviewing service, defence rights, public order and reciprocity issues
• Preparing the Turkish court application
• Coordinating apostille, legalisation and sworn translation requirements
• Representing the client before the competent Turkish court
• Linking the recognition or enforcement judgment to execution proceedings where needed
• Working with foreign counsel where the judgment originates from proceedings abroad

The service is relevant to creditors, divorced spouses, heirs, companies, judgment creditors and legal teams who need a foreign court decision to have effect in Turkey.

Recognition means that a foreign judgment is accepted in Turkey for its conclusive legal effect. Enforcement means that a foreign judgment is made executable in Turkey.

The distinction matters. A party who only needs the foreign decision to be accepted as evidence or as a legal status may need recognition. A party who wants to collect money, attach assets or compel performance usually needs enforcement.

A foreign judgment must not be confused with a foreign arbitral award. Court judgments and arbitral awards are subject to different legal regimes, although both may require proceedings before Turkish courts.

The main framework is Law No. 5718 on Private International and Procedural Law, especially Articles 50 to 59.

Under Article 50, enforcement of final civil judgments rendered by foreign courts depends on an enforcement decision by the competent Turkish court. Article 54 sets out the main conditions for enforcement, including issues such as finality, jurisdiction, defence rights, public order and reciprocity.

Recognition is regulated separately but is closely connected to the enforcement regime. The Turkish Code of Civil Procedure and the Enforcement and Bankruptcy Code may also become relevant depending on the procedural stage and the nature of execution.

Where the judgment is linked to a commercial dispute, company claim, contract claim, family matter or property issue, the substantive nature of the foreign decision must also be considered.

Turkish courts do not re-try the underlying foreign case on the merits. The recognition or enforcement court generally examines whether the statutory conditions are satisfied.

In practice, courts pay close attention to:

• Whether the judgment is final under the law of the issuing state
• Whether the judgment is from a court, not merely an administrative or private document
• Whether the defendant had proper notice and an opportunity to defend
• Whether the matter falls within exclusive jurisdiction of Turkish courts
• Whether enforcement would clearly violate Turkish public order
• Whether reciprocity is required and satisfied
• Whether documents are properly apostilled, legalised and translated

The public order review is not an appeal on the merits. However, if the foreign procedure or result is incompatible with fundamental Turkish legal principles, the issue may become decisive.

The recurring debate in recognition and enforcement is the boundary between limited review and substantive control.

Turkish law does not allow the Turkish court to decide whether the foreign judge was correct on the merits. Yet public order, defence rights and exclusive jurisdiction can require a meaningful procedural review. This is especially important in default judgments, punitive damages, family-law consequences, property-related claims and cases where service abroad was disputed.

Another practical debate concerns whether a party needs recognition only, enforcement only, or both. Incorrectly defining the request may create unnecessary procedural delay.

Before filing, the following must be checked:

• The decision must be a foreign court judgment.
• The judgment must be final under the law of the issuing state.
• The subject matter must be capable of recognition or enforcement in Turkey.
• The judgment must not fall within exclusive Turkish jurisdiction.
• The defendant’s right of defence must not have been violated.
• The result must not be clearly contrary to Turkish public order.
• Reciprocity may be relevant for enforcement.
• The required documents must be properly certified and translated.

A practical file review should start with the judgment, finality certificate, proof of service and information about the intended use in Turkey.

Law No. 5718 does not create a simple universal filing deadline for all recognition and enforcement applications. However, delay may still create problems.

The underlying claim, judgment debt, enforcement route or related Turkish procedure may be subject to limitation or procedural deadlines. If the foreign judgment will be used to collect money from Turkish assets, delay may also reduce the chance of actual recovery.

The critical starting point for document review is usually the date on which the foreign judgment became final and the date on which service or notification was completed in the foreign proceedings.

Under Law No. 5718, enforcement actions are filed before the competent Turkish court. The court of first instance is generally competent, with territorial jurisdiction linked to the domicile or residence of the person against whom enforcement is sought. If there is no domicile or residence in Turkey, courts in Ankara, Istanbul or Izmir may become relevant.

After an enforcement decision is obtained, execution steps may continue through Turkish enforcement offices if the judgment requires payment or another executable act.

The applicant must present the necessary documents and show that the legal conditions are satisfied.

Typical documents include:

• The full foreign judgment
• Proof that the judgment is final
• Proof of proper service or procedural notice where relevant
• Apostille or legalisation, depending on the issuing country
• Sworn Turkish translation
• Identity or company documents
• Power of attorney
• Information about the opposing party and any Turkish assets
• Foreign counsel explanation if the procedural status is unclear

Translation quality is important. A poor translation of operative terms may create confusion about what exactly is being recognised or enforced.

Before filing, the applicant should define the practical purpose. Is the goal to update civil registry records, collect a money judgment, rely on a custody decision, establish status, use the judgment as evidence, or enforce against property?

For commercial creditors, recognition or enforcement should be coordinated with asset and debtor analysis. Obtaining an enforcement decision is useful only if it can lead to execution.

For family or civil status matters, the correct route may differ depending on the type of foreign decision and whether administrative registration is available.

Günser + Partners reviews the intended legal effect in Turkey before selecting the procedural route.

Common mistakes include:

• Filing with an incomplete or non-final foreign judgment
• Failing to obtain apostille or legalisation
• Using an inaccurate translation
• Confusing recognition with enforcement
• Assuming Turkish courts will review the foreign case on the merits
• Ignoring service and defence-rights issues
• Filing in the wrong court
• Waiting until an enforcement target has disappeared
• Treating a foreign arbitral award as if it were a court judgment
• Assuming every foreign divorce decision requires the same route

Recognition and enforcement cases are often won or lost before filing. The key is not writing a long petition; it is identifying the exact legal effect needed in Turkey, obtaining the correct foreign documents, checking finality and service, and anticipating objections.

A foreign judgment creditor should also distinguish between legal enforceability and commercial recovery. The Turkish judgment may open the enforcement route, but asset location and debtor conduct determine whether recovery is realistic.