Enforcing Foreign Court Judgments in Türkiye

Recognition vs. Enforcement of a Foreign Judgment

Recognition allows a foreign judgment’s legal effect—such as res judicata or evidentiary effect—to be invoked in Türkiye, subject to the applicable statutory conditions. Enforcement (exequatur) is needed when the creditor wants to use Turkish enforcement offices to collect under a foreign judgment. The two requests are related but not identical.

Law No. 5718 generally requires the foreign judgment to be final under the law of the state where it was rendered and to concern a civil matter. A Turkish court’s enforcement decision is required before compulsory enforcement in Türkiye. Foreign arbitral awards follow a separate framework under the New York Convention and Turkish international arbitration legislation; this guide concerns court judgments.

Enforcement Conditions Under Law No. 5718

For enforcement, the Turkish court reviews the statutory conditions, including:

• Reciprocity: a treaty, statutory rule or de facto practice must provide a basis for reciprocal enforcement between Türkiye and the state of origin.
• Jurisdiction: the judgment must not concern a matter within the exclusive jurisdiction of Turkish courts. A foreign court’s jurisdiction may also be challenged where the connection to the dispute is insufficient under the statutory test.
• Public policy: the judgment must not be manifestly contrary to Turkish public policy.
• Notice and defence: the defendant must have been duly summoned or represented and afforded an opportunity to present its case; a default judgment may raise specific objections if service or representation was not proper.
• Finality and scope: the decision and the part for which enforcement is sought must meet the statutory requirements.

Recognition uses a related statutory test, but reciprocity is not required for recognition in the same way it is for enforcement. The exact relief requested and procedural posture therefore matter.

Which Turkish Court and Where?

Law No. 5718 assigns jurisdiction to the Turkish civil court of first instance, with territorial venue generally connected to the person against whom enforcement is sought or, where that person has no domicile or residence in Türkiye, the place where assets subject to enforcement are located. Confirm the current statutory rule and case-specific venue before filing.

Documents Commonly Needed

The applicant generally prepares an authenticated or certified copy of the foreign judgment, evidence that it is final and enforceable under the law of origin, and a Turkish translation prepared and certified in the required form. Depending on the state of origin and document type, apostille, consular legalisation or another authentication route may apply. If enforcement is sought only for part of a judgment, identify the amount and relief precisely.

Also collect the originating court record, service evidence, representation documents, proof of the defendant’s participation or opportunity to participate, calculation of interest and costs, and relevant corporate authority. Keep the underlying contract and asset information ready for the later execution stage.

Typical Objections and How to Prepare

• The judgment is not final or the certificate does not establish finality.
• The defendant says it was not properly served, represented or heard.
• The judgment concerns an area of exclusive Turkish jurisdiction or the foreign court lacked an accepted jurisdictional basis.
• The result is alleged to violate Turkish public policy.
• Reciprocity, translation, authentication or the identity of the parties is disputed.
• The amount, interest, currency conversion or scope of the relief is unclear.

The enforcement court does not ordinarily rehear the underlying merits as an appeal court. The application should focus on the statutory conditions, the record from the original case and the specific objections the opposing party is legally entitled to raise.

Practical Steps for a Foreign Creditor

1. Confirm that the foreign judgment is final and identify the precise relief to enforce.
2. Check whether recognition alone is sufficient or whether compulsory execution is needed.
3. Assess reciprocity and the judgment court’s jurisdiction under Law No. 5718.
4. Obtain certified copies, finality evidence, service records and compliant Turkish translations.
5. Identify the correct Turkish court and likely assets or debtor location.
6. Plan for the enforcement decision and the separate execution process against Turkish assets.

Frequently Asked Questions

Primary source: Law No. 5718 on International Private and Procedural Law.