Enforcement of Foreign Judgments
"How can foreign court judgments be enforced in Turkey?"
Quick Answer
Foreign court judgments are not directly executable in Türkiye; they generally require a Turkish recognition/enforcement decision under Law No. 5718, subject to conditions such as finality, due process (proper service and the right to be heard), public policy, and (for enforcement) reciprocity.
Dispute Resolution in Turkey
Enforcement (and recognition) of foreign court judgments in Türkiye is governed primarily by the International Private and Procedural Law (Law No. 5718), which sets out the conditions and the court procedure for obtaining a Turkish recognition/enforcement decision before initiating execution proceedings. In Türkiye, a foreign court judgment generally becomes enforceable only after a Turkish court grants an enforcement (exequatur) decision, while some judgments may only require recognition for their legal effects; key conditions typically include that the foreign judgment is final, issued by a competent court, does not clearly violate Turkish public policy, the defendant’s right to be heard and proper service were respected, and (for enforcement) reciprocity with the issuing state is satisfied.
Key Points to Remember
- Court judgments are enforced through a Turkish ‘enforcement of foreign judgments’ case under Law No. 5718
- The judgment must be final and enforceable in the issuing state
- Proper service/notice and the right to be heard are essential
- Public policy review applies but is not a re-trial on the merits
- Reciprocity is typically required for enforcement
- Arbitral awards follow a separate track (often under the New York Convention), not the court-judgment enforcement regime
Choosing the Right Approach
The practical choice here is usually between (a) applying for ‘recognition’ (tanıma) when you only need the judgment’s legal effect in Türkiye, and (b) applying for ‘enforcement’ (tenfiz) when you need compulsory execution (attachment/seizure) through Turkish enforcement offices; once an enforcement decision is obtained, execution proceeds under Turkish enforcement rules.
Proper dispute resolution clauses in contracts can significantly impact the efficiency and cost of resolving future disagreements.
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