{"id":5961,"date":"2025-12-30T12:49:27","date_gmt":"2025-12-30T09:49:27","guid":{"rendered":"https:\/\/www.berkerberker.com\/enforcement-of-foreign-judgements-in-turkiye\/"},"modified":"2026-01-11T16:21:46","modified_gmt":"2026-01-11T13:21:46","slug":"enforcement-of-foreign-judgements-in-turkiye","status":"publish","type":"post","link":"https:\/\/www.berkerberker.com\/en\/enforcement-of-foreign-judgements-in-turkiye\/","title":{"rendered":"Enforcement of Foreign Judgements in T\u00fcrkiye"},"content":{"rendered":"

Authors:\u00a0Atty. \u015eeyma Yetim\u00a0<\/a> & Atty. Deniz Nalbant<\/a><\/em><\/p>\n

Introduction<\/strong><\/p>\n

With the acceleration of globalization, individuals and companies increasingly establish cross-border legal and commercial relationships. This development has significantly expanded the practical impact of lawsuits filed and judgments rendered in foreign jurisdictions. From commercial contracts to family law, from obligations to inheritance disputes, the need for judicial decisions rendered by foreign courts to produce legal effects in states with different legal systems has become one of the fundamental issues of private international law.<\/p>\n

In this context, for a judgment rendered in one country to be enforceable or to produce legal effects in another country, the judgment must be subject to either recognition or enforcement proceedings.<\/p>\n

This article examines the formal (procedural) and substantive (material) requirements for the enforcement of foreign court judgments in T\u00fcrkiye, particularly within the framework of Law No. 5718 on Private International Law and International Civil Procedure (\u201cM\u00d6HUK<\/em>\u201d).<\/p>\n

I . The Legal Framework<\/strong><\/h4>\n

In T\u00fcrkiye, the legal validity of foreign court judgments is governed primarily by Law No. 5718 on Private International Law and International Civil Procedure (\u201cM\u00d6HUK<\/em>\u201d). However, where a bilateral or multilateral international treaty exists between T\u00fcrkiye and the relevant foreign state, the provisions of such treaty prevail. In the absence of an applicable treaty, the provisions of M\u00d6HUK<\/em> apply, and recognition and enforcement of foreign judgments are carried out in accordance with the conditions and procedures set forth therein.<\/p>\n

II. Formal Requirements for the Enforcement of Foreign Judgments<\/strong><\/h4>\n
1. Existence of a Judgment Rendered by a Foreign Court<\/strong><\/h5>\n

The decision subject to enforcement must have been rendered by a judicial authority of a foreign state. Only judgments issued by the courts shall qualify for enforcement; therefore, decisions rendered by administrative authorities or other non-judicial bodies fall outside the scope of enforcement.<\/p>\n

2. The Decision Has the Nature of a “Judgment”<\/strong><\/h5>\n

The decision must be a judgment rendered at the conclusion of judicial proceedings. Interim measures, provisional remedies (such as injunctions), and interlocutory or procedural decisions cannot be subject to enforcement.<\/p>\n

3. The Judgment Must Relate to a Civil or Commercial Matter<\/strong><\/h5>\n

The foreign judgment must arise from a private law dispute. Criminal, tax, or administrative law decisions are not enforceable under M\u00d6HUK. Whether the subject matter falls within private law shall be determined according to Turkish law.<\/p>\n

4. Finality of the Judgment<\/strong><\/p>\n

The judgment must be final and binding under the law of the state in which it was rendered. A judgment that remains open to ordinary legal remedies and may be altered or revoked cannot be enforced in T\u00fcrkiye.<\/p>\n

If any of these formal requirements are not satisfied, the court shall directly reject the enforcement request. If they are satisfied, the court shall proceed to examine the substantive conditions.<\/p>\n

III. Substantive Requirements for the Enforcement of Foreign Judgments<\/strong><\/h4>\n
1. No Violation of The Exclusive Jurisdiction of Turkish Courts<\/strong><\/h5>\n

The judgment must not concern a matter that falls within the exclusive jurisdiction of Turkish courts. For example, disputes relating to rights in rem<\/em> over immovable property located in T\u00fcrkiye fall exclusively within the jurisdiction of Turkish courts.<\/p>\n

2. No Excessive Exercise of Jurisdiction\u00a0<\/strong><\/h5>\n

The foreign court must not have assumed jurisdiction without a genuine connection between the dispute, the parties, and the forum. Such an objection, however, is considered only if raised by the defendant.<\/p>\n

3. No Violation of Turkish Public Policy (Public Order)<\/strong><\/h5>\n

The content or effects of the foreign judgment must not be manifestly contrary to Turkish public policy.<\/p>\n

Public policy is an abstract concept aimed at protecting the fundamental values and sense of justice of the Turkish legal system and is assessed by the judge on a case-by-case basis.<\/p>\n

4. Respect for the Right to be Heard and Due Process<\/strong><\/h5>\n

If the defendant alleges that the right of defence was violated in the foreign proceedings, this may prevent the enforcement. However, the court does not examine this issue ex officio<\/em>; therefore, it is considered only upon the defendant\u2019s objection. Whether there has been a violation of due process is assessed under the procedural law of the rendering state.<\/p>\n

5. Reciprocity Requirement<\/strong><\/h5>\n

For enforcement to be granted, there must be reciprocity between T\u00fcrkiye and the foreign state. Reciprocity may take one of the following forms:<\/p>\n

    \n
  • De facto reciprocity:<\/strong> Turkish judgments are in practice recognised and enforced in that state.<\/li>\n
  • De jure reciprocity<\/strong>: The legislation of both states provides parallel rules on recognition and enforcement.<\/li>\n<\/ul>\n

    If reciprocity does not exist, the enforcement request shall be rejected.<\/p>\n

    IV. Grounds Preventing Enforcement (M\u00d6HUK Art. 55\/2)<\/strong><\/h4>\n

    In addition to the formal and substantive conditions, the following circumstances may prevent enforcement under Article 55\/2 of M\u00d6HUK:<\/p>\n

    1. Partial or Complete Performance of the Judgment<\/strong><\/h5>\n

    If the obligations arising from the foreign judgment have already been partially or fully performed, the application for enforcement shall be rejected.<\/p>\n

    2. Existence of a Legal Obstacle to Performance<\/strong><\/h5>\n

    Legal obstacles such as impossibility of performance, release, <\/em>or statute of limitations<\/em> may prevent enforcement. However, factual obstacles, such as the absence of attachable assets, do not constitute legal impediments within this scope.<\/p>\n

    Moreover, if the enforcement or execution period has expired under the law of the rendering state (where applicable), this may also constitute a ground for refusal, provided that the defendant raises this objection before the Turkish court.<\/p>\n

    V. Abuse of Rights and the Principle of Good Faith<\/strong><\/h4>\n

    In the enforcement proceedings, objections raised by the defendant are assessed in light of the principle of good faith.<\/strong><\/em> Objections that clearly contradict the defendant\u2019s procedural conduct in the foreign proceedings may be regarded as a violation of the rule; “the prohibition of the abuse of rights”<\/em> under Turkish law.<\/p>\n

    Conclusion<\/strong><\/h4>\n

    The enforcement of foreign court judgments in T\u00fcrkiye constitutes a fundamental element of international legal cooperation. In order for this mechanism to function in a predictable and reliable manner, both international treaties and domestic legal rules must be taken into account through a comprehensive legal assessment.<\/p>\n

    Where no international treaty exists between T\u00fcrkiye and the state of origin of the judgment, the process is governed directly by the provisions of M\u00d6HUK. In such cases, both the formal and substantive requirements must be fully satisfied, and no grounds preventing enforcement must exist.<\/p>\n

    Principles such as respect for the right to defence, protection of public policy, and prohibition of abuse of rights play a central role in enforcement proceedings. Where all conditions are cumulatively met, a foreign court judgment becomes enforceable in T\u00fcrkiye and gains binding force within the Turkish legal system.<\/p>\n

     <\/p>\n

    For further information, please contact us at\u00a0 info@berkerberker.com<\/em><\/p>\n

     <\/p>\n

    References<\/strong><\/p>\n

    Musa Ayg\u00fcl, \u201cSome Procedural Law Problems in Recognition and Enforcement of Foreign Judgments (Fees \u2013 Burden of Proof and Evidence \u2013 Qualification)\u201d, Bulletin of International and Private International Law, Vol. 31, No. 2, pp. 83\u2013121.<\/p>\n

    \u015eeref Erta\u015f, Recognition and Enforcement of Foreign Judgments, Dokuz Eyl\u00fcl University Faculty of Law.<\/p>\n

    Nuray Ek\u015fi, Recognition and Enforcement of Foreign Court Judgments, Beta Publishing.<\/p>\n

    Cemal \u015eanl\u0131, Private International Law, Beta Publishing.<\/p>\n","protected":false},"excerpt":{"rendered":"

    Authors:\u00a0Atty. \u015eeyma Yetim\u00a0 & Atty. Deniz Nalbant Introduction With the acceleration of globalization, individuals and companies increasingly establish [\u2026]<\/span><\/p>\n","protected":false},"author":3,"featured_media":5999,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[17],"tags":[],"class_list":["post-5961","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/www.berkerberker.com\/en\/wp-json\/wp\/v2\/posts\/5961","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.berkerberker.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.berkerberker.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.berkerberker.com\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.berkerberker.com\/en\/wp-json\/wp\/v2\/comments?post=5961"}],"version-history":[{"count":2,"href":"https:\/\/www.berkerberker.com\/en\/wp-json\/wp\/v2\/posts\/5961\/revisions"}],"predecessor-version":[{"id":5988,"href":"https:\/\/www.berkerberker.com\/en\/wp-json\/wp\/v2\/posts\/5961\/revisions\/5988"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.berkerberker.com\/en\/wp-json\/wp\/v2\/media\/5999"}],"wp:attachment":[{"href":"https:\/\/www.berkerberker.com\/en\/wp-json\/wp\/v2\/media?parent=5961"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.berkerberker.com\/en\/wp-json\/wp\/v2\/categories?post=5961"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.berkerberker.com\/en\/wp-json\/wp\/v2\/tags?post=5961"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}