Recognition and Enforcement of Foreign Judgments in Türkiye — Conditions and Procedure

Recognition and enforcement of foreign court judgments in Türkiye: conditions, procedure and methods of application examined in detail under MÖHUK (Law No. 5718).

What Are Recognition and Enforcement?

Before a judgment given in a foreign country can produce legal effects in Türkiye, it must undergo a specific judicial process. Depending on the nature of the judgment and the legal effect sought, this process takes the form of a recognition action or an enforcement action. Both institutions are governed by Law No. 5718 on Private International Law and Procedural Law (MÖHUK) and constitute the principal mechanisms by which foreign judgments acquire validity within Turkish domestic law.

Recognition and enforcement are mechanisms made necessary by the principle of state sovereignty. A judgment given by the court of one state is, as a rule, effective only within the borders of that state and does not automatically produce legal effects in another. For a foreign judgment to be applied in Türkiye, therefore, Turkish courts must examine it and find it acceptable.

Differences Between Recognition and Enforcement

Recognition allows a foreign judgment to be accepted in Türkiye as res judicata or as conclusive evidence; it confers no power of compulsory execution. Judgments on divorce and other matters of personal status are the principal examples. Enforcement, by contrast, allows obligations contained in a foreign judgment — such as alimony, damages, a debt or delivery of property — to be carried out by compulsion in Türkiye.

Recognition is governed by MÖHUK Arts. 58–59 and enforcement by Arts. 50–57. Reciprocity is not required for recognition; for enforcement, Art. 54/1-a imposes a reciprocity condition based on treaty, statute or actual practice. Some provisions of a single judgment may be the subject of recognition while the part to be executed is the subject of enforcement.

Conditions for an Enforcement Action (MÖHUK Art. 54)

Enforcement requires a judgment given by a foreign court in a civil matter that has become final under the law of that state. It is further required that there be reciprocity with Türkiye; that the judgment does not fall within the exclusive jurisdiction of the Turkish courts and, upon the defendant's objection, does not constitute an exorbitant assumption of jurisdiction; that it is not manifestly contrary to public policy; and that the rights of defence of the person against whom enforcement is sought were not violated under the law of that place. The ground relating to the rights of defence is examined under Art. 54/ç upon the objection of the party concerned.

Conditions for a Recognition Action

For res judicata or conclusive evidence effect, recognition is subject under MÖHUK Art. 58 to the finality and public policy/exclusive jurisdiction conditions applicable to enforcement; reciprocity is not required. A constitutive foreign judgment produces effect in Türkiye upon recognition; enforcement is required for alimony, damages or delivery of property, which call for compulsory execution.

Competent Court and Venue

The court with subject-matter jurisdiction over recognition and enforcement actions is the civil court of first instance. For the recognition and enforcement of judgments concerning family law, the family court has jurisdiction.

Venue is determined under MÖHUK Art. 51 as follows:

• The court of the defendant's place of residence in Türkiye
• If the defendant has no place of residence in Türkiye, the court of the place where the defendant is staying
• Failing both, the courts of Ankara, İstanbul or İzmir

The Recognition and Enforcement Procedure

The application must include a duly certified original or copy of the foreign judgment, a certificate of finality and a certified Turkish translation. An apostille facilitates the chain of certification where a convention between Türkiye and the issuing country applies; it is not the single absolute method in every case. Apostille exemption, consular certification or a bilateral treaty is assessed according to the document concerned. The other party is served and the simplified trial procedure applies; the court does not re-examine the merits of the foreign judgment.

Recognition of Divorce Judgments

Foreign judicial or administrative decisions concerning divorce, annulment or invalidity of marriage, or a declaration as to the existence of a marriage, may be registered in the civil registry upon the joint application of the parties or, in certain exceptional cases, the application of one party, subject to the conditions in Art. 27/A of the Civil Registration Services Law. The current conditions include that the decision was given by a competent authority, that it has become procedurally final, that it is not manifestly contrary to Turkish public policy, and that one of the parties is a Turkish citizen.

The presence of custody, alimony or damages provisions in the judgment is not an absolute bar to administrative registration of the divorce element; recognition or enforcement may be separately required for those ancillary provisions to be executed in Türkiye or to produce res judicata effect. If the administrative application is refused, recourse to the courts remains open.

Grounds for Refusing an Enforcement Request

The court will refuse an enforcement request in the following cases:

• Absence of reciprocity: If there is no legal, factual or treaty-based reciprocity between Türkiye and the country in which the judgment was given, the enforcement request will be refused.
• Contrariety to public policy: If the effects of the foreign judgment manifestly violate Turkish public policy, the enforcement request will be refused.
• Violation of the rights of defence: If the defendant was not duly served or was not afforded the right to defend, the enforcement request will be refused.
• Breach of exclusive jurisdiction: If the dispute falls within the exclusive jurisdiction of the Turkish courts, the enforcement request will be refused.
• Judgment not final: If the ordinary avenues of appeal against the foreign judgment have not yet been exhausted, the enforcement request will be refused.

International Conventions and Recognition-Enforcement

Türkiye has concluded bilateral judicial assistance treaties with a number of countries. These treaties may contain provisions facilitating recognition and enforcement. Multilateral conventions to which Türkiye is a party are also taken into account in the recognition and enforcement process:

• Hague Conference conventions: Certain Hague conventions to which Türkiye is a party facilitate recognition and enforcement in specific fields.
• Bilateral judicial assistance treaties: Bilateral treaties concluded by Türkiye with various countries (Germany, Austria, France, Italy, Switzerland and others) may contain special provisions.
• New York Convention: Türkiye is a party to the 1958 New York Convention governing the recognition and enforcement of foreign arbitral awards.

Time Limits in Recognition and Enforcement Actions

MÖHUK lays down no special forfeiture or limitation period for a request for recognition or enforcement. That said, compulsory execution of the obligation in the foreign judgment may be examined separately in terms of the law governing the judgment, the date of finality, the effect of the Turkish enforcement judgment and the rules on limitation in enforcement. No general conclusion can be drawn that Turkish limitation rules apply directly to a foreign claim in every case.

Long delay may create difficulties in obtaining documents, securing the certificate of finality, tracing the parties' addresses, and in matters of proof and executability. Appeal periods are calculated according to due service of the recognition or enforcement judgment and the current provisions of the Code of Civil Procedure (HMK).

Costs of Recognition and Enforcement Actions

The following costs arise in recognition and enforcement actions:

• Court fees: Recognition actions are subject to a fixed fee, while enforcement actions attract a fixed or proportional fee depending on the content of the judgment.
• Attorney's fees: Determined in accordance with the Minimum Attorney Fee Tariff.
• Translation and certification costs: The costs of the Turkish translation of the judgment and of apostille or consular certification are borne by the claimant.
• Service costs: Additional costs may arise where service must be effected on a defendant abroad.

Problems Encountered in Practice

The problems most frequently encountered in practice in recognition and enforcement actions are as follows:

• Difficulty in obtaining documents: Obtaining the certificate of finality, the apostille and other documents from foreign countries can be time-consuming.
• Service problems: Service on a defendant abroad can take a long time and prolong the proceedings.
• Public policy assessment: The imprecise boundaries of the concept of public policy can lead different courts to reach different assessments.
• Establishing reciprocity: Determining whether reciprocity exists with certain countries can be difficult.

Avenues of Appeal

Appeals against a recognition or enforcement judgment follow the general avenues under the Code of Civil Procedure, applied according to the monetary thresholds for finality and cassation in force at the date of judgment and the type of decision. Under MÖHUK Art. 57/2 an appeal on points of law against an enforcement judgment suspends execution; under the current system the effect of the appellate and cassation stages is assessed together with the transitional provisions.

Frequently Asked Questions

Is reciprocity required for recognition?

No; it is required for enforcement under Art. 54/a.

Is an apostille always mandatory?

No; it depends on the country, the applicable treaty and any certification exemption.

Is administrative registration impossible where there are custody or alimony provisions?

No; the divorce may be registered, while the ancillary provisions may separately require recognition or enforcement.

Does the court review the merits of the foreign judgment?

No; its review is limited to the recognition and enforcement conditions laid down in the statute.