Recognition And Enforcement of Foreign Judgments in Turkey

You have won a court case or obtained a legal decree outside of Turkey. Whether it’s a divorce granted in the UK, a commercial debt judgment from Germany, or a custody order from the United States, that official document has immense power in the country where it was issued. But what happens when you need that decision to have legal effect in Turkey?

A foreign judgment is not automatically valid in the Turkish legal system. To make it legally binding and executable, you must go through a specific legal process governed by Law No. 5718 (The Private International Law and Procedural Law – PIL). This process falls into two main categories: Recognition (Tanıma) and Enforcement (Tenfiz).

Understanding which path to take is the first and most critical step. This guide will walk you through the entire process, explain the key differences, and outline the requirements for making your foreign court judgment legally powerful in Turkey.

Which Solution Do You Need: Recognition or Enforcement?

The choice between recognition and enforcement depends entirely on the nature of your foreign judgment. Ask yourself this simple question: Does the court decision require an action to be carried out (like paying money or handing over a child)?

Use this table to quickly identify your need:

In short, if you only need Turkish authorities to acknowledge a foreign decision, you need recognition. If you need them to act on it, you need enforcement.

The Conditions for Enforcement (and Recognition)

To grant an enforcement decision, a Turkish court must verify that several key conditions outlined in Article 54 of the PIL are met. Recognition requires all the same conditions except for the first one (Reciprocity).

1. Reciprocity (Required for Enforcement Only) There must be a mutual understanding between Turkey and the country where the judgment was issued. This can be:

• An international treaty between the two countries.
• A statutory provision (a law) in that country allowing for the enforcement of Turkish judgments.
• A de facto practice (an established, unwritten practice) of enforcing Turkish judgments in that country.

2. Jurisdiction The judgment must not concern a matter that falls under the exclusive jurisdiction of Turkish courts (e.g., real estate ownership cases in Turkey).

3. Public Policy (Public Order) This is a critical condition. The foreign judgment, or any part of it, must not be “manifestly contrary to Turkish public policy.” This means it cannot violate the fundamental principles of Turkish law, morality, or justice. For example, a judgment awarding punitive damages that are excessively high might be considered contrary to public policy.

4. Right to Defense The person against whom enforcement is sought must have been properly and legally notified of the original lawsuit in the foreign country and given a genuine opportunity to defend themselves. A judgment obtained by default without proper notification cannot be enforced in Turkey.

5. Finality of the Judgment The foreign court judgment must be final and conclusive (“kesinleşmiş”) under the laws of the country where it was rendered. This means it can no longer be appealed.

Required Documents for the Application

To initiate a recognition or enforcement case, you must petition the court with the following essential documents (as per PIL Article 53):

1. The Original Foreign Court Judgment: An authenticated, official copy of the judgment from the foreign court.
2. Certificate of Finality (Apostille or Consular Seal): An official document or annotation (like an Apostille) proving that the judgment is final and no longer appealable.
3. Certified Translations: Official Turkish translations of both the judgment and the certificate of finality, certified by a sworn translator and approved by a notary or Turkish consulate.

The Role of an Expert Lawyer: Navigating the Complexities

While the process may seem straightforward, it is highly technical. A single mistake in documentation or legal argumentation can lead to the rejection of your case, wasting valuable time and money. An experienced lawyer specializing in Turkish Private International Law is crucial for several reasons:

• Case Strategy: Determining whether “public policy” could be an issue and preparing arguments against it.
• Documentation: Ensuring all foreign documents are correctly authenticated (e.g., Apostilled) and translated to meet the strict standards of Turkish courts.
• Procedural Expertise: Filing the case in the correct competent court (Asliye Hukuk Mahkemesi) and managing all procedural steps, which is nearly impossible for someone unfamiliar with the Turkish legal system.
• Avoiding the “Prohibition of Revision”: The Turkish judge cannot re-examine the merits or facts of the original foreign case. An expert lawyer ensures that the arguments stay focused only on whether the enforcement/recognition conditions are met, preventing unnecessary and prohibited legal debates.

Conclusion

In conclusion, recognition and enforcement are the essential legal mechanisms under Turkish Law (PIL 5718) to give effect to judgments obtained outside the country. Successfully navigating this requires choosing the correct path—recognition for status changes, enforcement for executable orders—and meticulously meeting all procedural requirements, including strict documentation rules like Apostille certification.

Given the technical complexities, especially when dealing with matters like finalizing an international separation which often requires an expert divorce lawyer in Ankara, partnering with a knowledgeable legal professional is paramount. Finding the right lawyer in Turkey who specializes in Private International Law ensures that your foreign court decision is integrated smoothly and effectively into the Turkish legal system, safeguarding your rights and achieving your desired outcome without unnecessary delays or complications. Aslan Duran Law Firm is ready to provide that expert assistance.