Enforcement of Foreign Judgments Comparative Guide -

1 Legal and judicial framework

1.1 Which legislative and regulatory provisions govern the recognition and enforcement of foreign judgments in your jurisdiction?

Turkish law – primarily the International Private and Procedural Law (5718/2007) – regulates the recognition and enforcement of foreign judgments and the procedure to be followed in this regard. Articles 50 to 59 of the International Private and Procedural Law establish the principles concerning the recognition and enforcement of foreign judgments in Türkiye and ensure their implementation.

Furthermore, various domestic laws and regulations, as well as bilateral agreements on judicial cooperation concluded with different states, contain provisions on the recognition and enforcement of foreign judgments.

In accordance with Article 27/A of the Population Services Law (5490/2006) and the Regulation on the Registration in the Population Registry of Decisions issued by Foreign Judicial or Administrative Authorities issued under this law, decisions of foreign judicial or administrative authorities in relation to the following can be registered in the family registry without filing a recognition and enforcement lawsuit before the Turkish courts:

divorce;
nullity of marriage;
annulment of marriage; or
determination of whether a marriage exists.

According to Article 4 of the Law on the Establishment, Duties and Trial Procedures of Family Courts (4787/2003), the recognition and enforcement of foreign judgments concerning family law are among the duties of the family courts.

Türkiye is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. In Turkish law, the International Private and Procedural Law (Articles 60 to 63) contains provisions on recognition and enforcement in accordance with the convention.

1.2 Which bilateral and multilateral instruments on the recognition and enforcement of foreign judgments have effect in your jurisdiction?

Türkiye has concluded bilateral judicial cooperation agreements with several states and is a signatory to a number of international conventions. A significant number of these international treaties and bilateral judicial cooperation agreements contain provisions on recognition and enforcement.

According to information provided on the official website of the Ministry of Justice, Türkiye has concluded bilateral agreements that contain provisions on recognition and enforcement with the following countries:

Germany;
Italy;
Austria;
Romania;
Tunisia;
the Turkish Republic of Northern Cyprus;
Poland;
Algeria;
Iraq;
Azerbaijan;
China;
Kazakhstan;
Albania;
Georgia;
Uzbekistan;
North Macedonia;
Croatia;
Moldova;
Tajikistan;
Ukraine;
Mongolia;
Slovakia;
Bosnia and Herzegovina;
Oman;
Syria;
Kyrgyzstan;
Iran;
Turkmenistan;
Serbia; and
Belarus.

In accordance with the information provided on the official website of the Ministry of Justice, Türkiye is a party to the following international conventions which contain issues related to recognition and enforcement:

the Convention of 5 October 1961 concerning the Powers of Authorities and the Law Applicable In Respect of the Protection of Infants (No 10);
the European Convention of 20 May 1980 on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children;
the Convention of 20 June 1956 on the Recovery Abroad of Maintenance;
the Convention of 15 April 1958 concerning the Recognition and Enforcement of Decisions Relating To Maintenance Obligations Towards Children (No 09);
the Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations (No 23);
the Convention of 29 May 1993 on Protection of Children and Cooperation In Respect of Intercountry Adoption (No 33);
the Convention 25 October 1980 on the Civil Aspects of International Child Abduction (No 28);
the Convention 8 September 1967 on the Recognition of Decisions Relating to the Matrimonial Bond;
the Convention of 14 September 1966 Relating to the Establishment of Death in Certain Cases;
the Convention of 10 September 1970 on Legitimation by Marriage;
the Convention of 10 September 1964 concerning Decisions with regard to the Rectification of Civil Registration Documents;
the Convention of 9 May 1980 concerning International Carriage by Rail;
the Convention of 19 May 1956 on the Contract for the International Carriege of Goods by Road;
the Convention of 1 March 1954 on Civil Procedure (No 02);
the Convention of 10 September 1998 on the Issue of a Life Certificate;
the Convention of 4 September 1958 on Changes of Surnames and Given Names;
the Convention of 16 November 2001 on International Interests in Mobile Equipment and Additional Protocols;
the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (No 38);
the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children (No 34);
the Internatıonal Convention of 19 March 1999 on Arrest of Ships;
the International Convention of 27 November 1992 on the Establishment of An International Fund for Compensation for Oil Pollution Damage;
the International Convention of 23 March 2001 on Civil Liability for Bunker Oil Pollution Damage; and
the Convention of 15 May 2003 on Contact concerning Children.

1.3 Which courts have jurisdiction to hear applications for the recognition and enforcement of foreign judgments?

In terms of recognition and enforcement requests, the civil courts of first instance are the primary courts in accordance with paragraph 1 of Article 51 of the International Private and Procedural Law.

Under Article 51(2) of the International Private and Procedural Law, the competent court is:

the court where the defendant is domiciled in Türkiye; or
the court where the place of residence of the defendant in Türkiye if the defendant is not domiciled in Türkiye.

If there is no domicile or a place of residence in Türkiye, then the courts of Ankara, Istanbul or Izmir are competent. The International Private and Procedural Law ensures that there is always a competent court for each situation.

The International Private and Procedural Law specifically states that the civil courts of first instance are generally designated as the competent courts. However, the practice of the Court of Cassation differs. In its decisions, the Court of Cassation states that certain special courts have jurisdiction depending on the subject matter of the recognition and enforcement request. As a result, the competent court should be determined based on the subject matter of the foreign judgment which is sought to be enforced. In this context:

the family courts are competent for judgments on family law matters;
the commercial courts are competent for judgments on commercial law matters;
the civil courts are competent for judgments on intellectual property matters; and
the labour courts are competent for the judgments on labour law matters in terms of recognition and enforcement.

However, according to Turkish law, if the abovementioned special courts are not available in the place where the action should be initited, the civil court of first instance in that place will be authorised to hear the recognition and enforcement proceedings in its capacity as one of the abovementioned special courts.

2 Requirements for enforceability

2.1 What types of judgments may be recognised and enforced in your jurisdiction? Are any types of judgments specifically precluded from enforcement?

According to Article 50 of the International Private and Procedural Law, the following conditions must coexist for the recognition and enforcement of foreign judgments.

The judgment must have been made by a foreign court: The decision-making authority must be defined or recognised as a court under the applicable foreign legislation. This implies that – unless otherwise provided by other laws or applicable bilateral agreements or international treaties so allow – decisions made by foreign administrative authorities cannot be recognised or enforced by the Turkish courts.
The judgment must be related to private law: The content of the foreign judgment for which recognition and enforcement is requested must fall within the scope of private law as defined by Turkish law. Therefore, judgments relating to tax, criminal and administrative law cannot be recognised or enforced. However, recognition and enforcement of parts of foreign criminal judgments that fall within private law, such as compensation and age correction, may be requested.
The judgment must be final under the law of the relevant country: At the time of filing a recognition and enforcement action in Türkiye, the relevant judgment must be finalised according to the law of the country in which the judgment was rendered. This finality must have been clarified in the relevant judgment or by another decision confirming that the judgment is final.

According to Article 54 of the International Private and Procedural Law, the following judgments are eligible for recognition and enforcement:

judgments rendered by the courts of countries in which the recognition and enforcement of Turkish judgments is possible according to the principle of reciprocity, or decisions where there is a legal provision or actual practice in that country allowing for the enforcement of judgments rendered by the Turkish courts;
judgments relating to an issue outside the exclusive jurisdiction of the Turkish courts;
judgments that are not explicitly contrary to Turkish public order; and
judgments:
- in which the party against which enforcement is requested was duly summoned pursuant to the laws of that foreign country to the foreign court concerned or was represented before that court, or which were not pronounced in the party's absence or by a default judgment in a manner contrary to these laws; and
- in which the party against which enforcement is requested has not objected to the exequatur based on the foregoing grounds before the Turkish court,

Judgments that do not fulfil these conditions cannot be recognised and enforced in Türkiye.

Furthermore, according to the Court of Cassation, the party seeking enforcement must request enforcement in accordance with the rule of good faith set forth in Article 2 of the Civil Code.

Final decisions pertaining to the substance of the judgments are within the scope of recognition and enforcement. In addition, non-contentious judicial decisions by foreign courts can also be recognised and enforced. However, decisions regarding concordatum and bankruptcy cannot be recognised. Moreover, injunctive relief decisions may be subject to a request for recognition and enforcement, provided that they are deemed final according to the law of the relevant foreign country.

2.2 Must a foreign judgment be final and binding before it can be enforced?

Yes. As stated in question 2.1, in order for a foreign judgment to be recognised and enforced by the Turkish courts, it judgment must be final according to the law of that foreign country. This finality should be clarified either within the content of the relevant foreign judgment or through another decision that characterises the finality of the judgment.

2.3 Is a foreign judgment enforceable if it is subject to appeal in the foreign jurisdiction?

As stated in question 2.1, the judgment for which enforcement is requested must have become final under the law of the relevant foreign country. In principle, a foreign judgment may be enforced if it is deemed to be final under its own law as a result of the issuance by the court of first instance. If the possibility of a legal remedy is provided against the judgment in the foreign country concerned, the Turkish court hearing the enforcement proceedings may declare the legal remedy process in the foreign country as a preliminary issue in order to prevent future complications.

2.4 What is the limitation period for making an application for recognition and enforcement?

There is no statutory limitation period under Turkish law for initiating a recognition and enforcement action. The International Private and Procedural Law does not contain provisions regarding the timeframe within which recognition and enforcement lawsuit must be filed before the Turkish courts from the date of issuance of foreign judgments. Foreign judgments containing determinative and constitutive provisions that are subject to a recognition lawsuit before the Turkish courts generally do not become time barred. However, since a valid foreign judgment is required for recognition and enforcement, the foreign judgment must not be time barred under the law of the country in which it was issued. Otherwise, there will be no valid and enforceable foreign court ruling.

Once the enforcement judgment has been rendered by the Turkish court, the judgment for enforcement will be subject to the time limitations of Turkish law. As the enforced foreign judgment has the nature of a judgment rendered by the Turkish courts, it will be subject to the provisions on the enforcement of judgments rendered by the Turkish courts. In this regard, pursuant to Article 39 of the Law of Enforcement and Bankruptcy (2004/1932), the judgment for enforceability is subject to a 10-year limitation period.

On the other hand, according to the decisions of the Court of Cassation, even if there is no statutory limitation period, recognition and enforcement should not be requested in violation of the rules of good faith. Within this framework, the statute of limitations should be taken into consideration by taking into account the rules of good faith according to the characteristics of each case.

3 Recognition and enforcement process

3.1 Is recognition of a foreign judgment a separate process from enforcement and does it have separate legal effects?

Although they are both regulated under the International Private and Procedural Law, recognition and enforcement have separate rules and thus separate legal consequences. With the recognition of a foreign judgment, the relevant judgment has two important consequences in the Turkish legal world:

Upon recognition, a foreign court judgment acquires the force of a final judgment. A recognised foreign judgment is just like a final judgment rendered by a Turkish court; and
A recognised foreign judgment constitutes conclusive evidence.

However, upon recognition, the judgment in question does not yet become enforceable in the Turkish legal system. In order for the foreign judgment to be enforceable, an enforcement decision must also be issued by the Turkish courts.

Therefore, the most obvious difference between recognition and enforcement is the enforceability of the judgment. Enforcement is thus a superior legal instrument that also covers recognition. Depending on the legal result requested, it should be decided whether a recognition or enforcement action should be initiated. In particular, there may be no legal interest in filing a lawsuit for a judgment that is requested to be enforced. Therefore, the legal interest should also be taken into consideration.

3.2 What is the formal process for recognition and enforcement?

As stated in question 2.1, a final judgment of a foreign court in accordance with the law of the relevant foreign country is required. The party requesting enforcement must initiate an action for recognition and enforcement before the competent civil court of first instance under Article 51 of the International Private and Procedural Law, together with the documents specified in Article 53 of the International Private and Procedural Law.

The formal process for recognition and enforcement consists of the following steps.

Application: The request for recognition and enforcement must be made through a petition to the competent court in Türkiye. The court to which the application must be submitted is determined depending on the nature of the request. For example:

requests for the collection of money receivables are filed with the enforcement courts; and
requests in relation to family law matters such as divorce or custody are filed with the family courts.

The petition must indicate:

the name, surname and address of the other party;
if applicable, the other party's legal representatives and attorneys;
a summary of the relevant judgment; and
where enforcement of part of the judgment is requested, the relevant part.

Documents: The petition must be accompanied by:

duly Turkish translations (certified by a notary public, a Turkish consulate or a certified translator) of the foreign judgment and other relevant documents; and
a letter or document showing that the judgment has become final and duly certified by the relevant authorities of the foreign country.

As observed both in the practice of the Court of Cassation and in the doctrine, the foreign court judgment must be approved by the Turkish consulate or apostilled.

Examination: The court will examine the application and assess ex officio whether the foreign judgment complies with Turkish law and fulfils the conditions for enforcement. For example, if the judgment contains a provision that is contrary to Turkish public order or repeats a judgment given in Türkiye, the request for recognition and enforcement may be rejected.

Hearing: The court may hold a hearing if it considers the application appropriate. The parties may make a defence or state relevant issues at the hearing before the court.

Judgment: The court will evaluate the application and then either order recognition and enforcement or reject the request. If the judgment becomes final (note that the judgments of the civil courts of first instance are subject to appeal), the foreign judgment will become enforceable in Türkiye.

3.3 What documents are required in support of an application for recognition and enforcement?

The petition must be accompanied by:

duly Turkish translations (certified by a notary public, a Turkish consulate or a certified translator) of the foreign judgment and other relevant documents; and
a letter or document showing that the judgment has become final and duly certified by the relevant authorities of the foreign country.

As observed both in the practice of the Court of Cassation and in the doctrine, the foreign court judgment must be approved by the Turkish consulate or apostilled.

3.4 What fees are payable for recognition and enforcement?

Fixed fees must be paid for recognition. The amount is TRY 595 for 2023. In terms of an enforcement action, a proportional judicial fee must be paid according to the value of the case. This proportional fee is calculated as 6.831% of the value of the subject matter of the case.

The nature of the enforcement action has no effect on the fees that are payable. This is because the provisions in the Law on Fees (492/1964) are clear. However, despite these explicit provisions, the practices of the chambers of the Court of Cassation regarding fees for the filing of enforcement actions nonetheless diverge. In some decisions, the Court of Cassation has emphasised that imposing a fixed fee in enforcement lawsuits would be contrary to the purpose of the Law on Fees, despite the wording in Article 4 and based on the expression in Tariff (1). On the other hand, in enforcement proceedings, the Turkish courts cannot review the content of a foreign judgment under the prohibition of substantive examination, so enforcement actions should thus be subject to a fixed fee, which differs from the examination that is conducted by a Turkish court within the scope of a debt action, where a proportional fee should be imposed.

3.5 Is the applicant required to provide security for costs?

Pursuant to Article 48 of the International Private and Procedural Law, in recognition and enforcement proceedings, if the applicant is a foreign natural or legal person and has no domicile in Türkiye, it must provide a security deposit. The obligation to provide security is tied to the foreign status of the applicant and the amount of the security will be determined by the court According to Article 48(2) of the International Private and Procedural Law, if reciprocity exists between two jurisdictions, it is accepted that the foreign applicant will be exempt from the security requirement.

As a basis for the application of reciprocity, the following will suffice:

a bilateral agreement between countries;
domestic legislative regulations; or
the implementation of effective reciprocity.

The essential point is to have established the functioning of reciprocity in some way. Türkiye is a party to many bilateral agreements that contain exemptions from the security requirement. Türkiye is also a signatory to the Hague Convention on Civil Procedure, which provides for exemptions from the security requirement. Furthermore, Article 9 of the European Convention on Establishment, to which Türkiye is a party, states that no security or deposit may be required in the other contracting state for nationals of that contracting state on the grounds that they are foreigners or have no domicile in the other contracting state.

3.6 How long does it usually take to obtain a declaration of enforceability?

Although it is not possible to suggest a definite timeframe, according to practice, the determination of this period is influenced by a number of factors, such as:

the residence of the parties;
the workload of the courts at the relevant place;
the time required for service of process on the parties; and
the representation of the parties by an attorney in Türkiye.

In practice, recognition and enforcement cases are concluded:

within three to five months for parties with a known address in Türkiye; and
within six to 10 months where one of the parties is located abroad and is not represented by an attorney.

3.7 Can the applicant seek injunctive relief while the process is ongoing?

Yes, the applicant in a recognition and enforcement case may request injunctive relief during the proceedings. Interim injunctions are temporary judgments granted for the purpose of protecting the rights of the party applying to the court. As there is no specific provision in the International Private and Procedural Law on this issue, the request for an interim injunction should be made in accordance with the general provisions of the Civil Procedure Law (6100/ 2011) (Article 389). Furthermore, in order to protect the rights of the other party, according to Article 392(1) of the Civil Procedure Law, the party requesting an interim injunction must provide security against possible damages to be incurred by the other party and third parties in the event that the party requesting the injunction proves to be wrong.

The party seeking injunctive relief must demonstrate that:

it would suffer serious adverse effects without such relief; and
this disadvantage would be irreversible in the future.

Additionally, the requested injunctive relief will be considered in accordance with fairness and whether there is a clearly acceptable reason for the application.

4 Defences

4.1 On what grounds can the defendant challenge recognition and enforcement of a foreign judgment?

The party against which a recognition and enforcement lawsuit is brought has certain rights to object to the recognition and enforcement decision. These objection rights are outlined in Article 55(2) of the International Private and Procedural Law. Accordingly, the party may object that the requirements for enforcement outlined in Article 54 of the International Private and Procedural Law have not been fulfilled.

A foreign court ruling cannot be enforced if it relates to a subject that falls within the exclusive jurisdiction of the Turkish courts, according to Article 54(1)(b) of the International Private and Procedural Law. The court must take this into consideration ex officio. Furthermore, if the judgment in question has been rendered by a court that grants competence to itself despite the lack of any real connection with the subject matter of the case or the parties, this constitutes an obstacle to enforcement. This issue is defined as exorbitant jurisdiction. However, the court will not ex officio take into account the lack of a real relationship with the subject matter or the parties. This is explicitly conditioned in the International Private and Procedural Law by the objection of the party against which enforcement is requested.

In addition, the party against which enforcement is requested may file an objection against the recognition and enforcement judgment by contending that the foreign court violated its rights of defence. Although Türkiye is a party to the European Convention on Human Rights, this issue within the context of the right to a fair trial is not taken into consideration by the courts ex officio, and this objection must be raised by the defendant. The Turkish courts cannot check whether foreign judgments have been issued in compliance with the respective foreign procedural law. In this regard, the party against which enforcement is requested should raise the claim of violation of its defence rights before the relevant court.

Furthermore, the party against which enforcement is requested may contend that:

the foreign judgment has been partially or fully fulfilled; or
an impediment preventing fulfilment has arisen.

If the foreign judgment has been fulfilled, the recognition and enforcement lawsuit will be devoid of essence. However, it is not clear what would constitute a specific impediment preventing enforcement. That said, such impediments may include the following:

The foreign judgment contradicts a judgment issued by a Turkish court to the same parties in relation to the same subject matter and cause;
The foreign judgment was time barred according to the law of the foreign country;
The receivables that are the subject of the judgment for which enforcement is requested by the creditor have been released;
An application for renewal of the proceedings has been submitted;
The subject matter of the foreign court judgment has disappeared; or
The debt that constitutes the subject matter of the foreign judgment has been paid.

4.2 What is the limitation period for filing a challenge?

No time limitation for objection is specified in the content of the International Private and Procedural Law. However, since the law adopts a basic procedure, the aim is to finalise the case as soon as possible. As the recognition and enforcement request must be brought in the form of a lawsuit, the general response period of two weeks (Article 127 of the Civil Procedure Law) also applies here.

4.3 Can the defendant seek injunctive relief to prevent enforcement while a challenge is pending?

As a result of an enforcement decision, the foreign judgment has the same effect as if it were issued by the Turkish courts. Additionally, the foreign judgment cannot be enforced without an enforcement decision. Therefore, the defendant need not seek injunctive relief before an enforcement decision is rendered.

On the other hand, if the enforcement decision is appealed, enforcement will automatically be suspended according to Article 57(2) of the International Private and Procedural Law. Therefore, there is no need for such a measure during the appeal of the enforcement decision.

The creditor party can resort to enforcement without obtaining an enforcement decision. In the case of monetary claims, if the creditor applies for enforcement proceedings without a judgment, it may be possible for the defendant to seek injunctive relief as a precautionary measure. However, an objection by the defendant within the scope of enforcement without judgment will automatically suspend the proceedings.

The jurisprudence of the Court of Cassation regarding this matter is in dispute.

The 15th Civil Chamber of the Court of Cassation has categorised outstanding foreign court and arbitral awards as future receivables and has ruled that conservatory sequestration orders cannot be granted for such receivables under Article 257(1) of the Law of Enforcement and Bankruptcy.

However, the 11th Civil Chamber of the Court of Cassation has stated that the purpose of the enforcement is to enable the enforcement of judgments rendered in foreign countries and finalised according to the laws of that country in Türkiye. Accordingly, it has held that there is no requirement for the foreign judgment to undergo recognition in order for a conservatory sequestration order concerning the debt established by the foreign court or arbitral award to be issued, since a conservatory sequestration order only temporarily seizes the debtor's assets and rights.

5 Court analysis and decision

5.1 Will the court review service of process in the initial proceedings?

Yes. According to Article 54(1)(ç) of the International Private and Procedural Law, the court will examine whether the conditions for enforcement of the enforcement decision are fulfilled. If one of the following conditions is satisfied, the Turkish court will examine these issues if the party against which enforcement is requested objects to these issues:

The party against which enforcement is requested was not summoned to the foreign court in the initial proceedings that gave the judgment in accordance with the procedures of the law of the foreign country concerned;
The party against which enforcement is requested was not represented in that foreign court; or
The judgment was rendered in absentia or in the absence of the party in violation of the law of that foreign country.

5.2 Will the court review the jurisdiction of the foreign court in the initial proceedings?

Once the Turkish court receives the documents certifying that the foreign judgment has been rendered by a foreign court in accordance with the law of that country, it will not generally investigate the jurisdiction of the foreign court. However, according to Article 54(b) of the International Private and Procedural Law, the exorbitant jurisdiction (see question 4.1) of the foreign court may hinder recognition of the foreign judgment upon objection by the party against which enforcement is requested. In such case, the competent Turkish court regarding recognition and enforcement will examine the jurisdiction of the foreign court regarding the subject matter of the decision.

5.3 Will the court review the foreign judgment for compliance with applicable law and public policy?

As mentioned in questions 5.2 and 5.4, the Turkish courts will not examine the merits of the foreign judgment and thus the law applied in the course of the foreign proceedings. However, as stated in the conditions for recognition and enforcement under the International Private and Procedural Law, the foreign judgment:

must pertain to private law matters; and
must not explicitly be contrary to the public order.

In such cases, the compliance of the foreign judgment with public order is taken into consideration by the Turkish court ex officio.

However, there is some controversy over the question of whether issues regarding compensation in the content of the foreign judgment fall within the scope of private law or criminal law. In some legal systems, the amount of compensation may be punitive in nature (punitive damages) and may exceed the damages incurred (treble damages). The Turkish court must take this matter into consideration. If the foreign judgment on punitive and deterrent compensation violates the right of property protected by Article 1 of Protocol 1 to the European Convention on Human Rights, this decision may constitute a violation of Turkish public order and may thus constitute an obstacle to enforcement. An example of this situation is when the punitive compensation ruled by a foreign court:

is unreasonable;
is excessive given the circumstances of the case; and
causes economic devastation to the party against which the compensation is ordered.

5.4 Will the court review the merits of the foreign judgment?

No. According to the system adopted under the International Private and Procedural Law, the court cannot examine the merits of the foreign judgment and cannot review its compliance with Turkish law. In other words, the court does not have the right and competence to evaluate the content of the foreign judgment, except for the conditions for enforcement. The Turkish courts will check only whether the conditions for recognition and enforcement have been fulfilled.

In addition, the Turkish courts cannot interfere with the jurisdiction of the foreign country. Recognition and enforcement proceedings are not new proceedings on the merits of the dispute. The Turkish courts conducting recognition and enforcement proceedings may only evaluate compliance with public order. While the concept of public order is very comprehensive, three main elements are taken into account in the assessment of this issue:

the human rights and freedoms protected by international conventions on human rights and the Constitution;
the fundamental principles of law; and
Turkish society's understanding of fundamental morals and etiquette.

If a foreign judgment meets these requirements, the merits of the foreign judgment cannot be reviewed.

5.5 How will the court proceed if the foreign judgment conflicts with a previous judgment in relation to the same dispute between the same parties?

Where a foreign judgment contradicts a decision rendered by a Turkish court relating to the same parties, the same subject matter and the same cause, this is an obstacle to recognition and enforcement. This is a reflection of the sovereignty of the Turkish judiciary in the Turkish jurisdiction and the main objective of the framework of private international law.

In enforcement proceedings, the defendant may object to enforcement based on a decision issued by the Turkish court in relation to the same subject matter and between the same parties. If the decision of the Turkish court has the status of a final judgment, this issue must be reviewed ex officio by the court in the enforcement proceedings as a requirement for filing a lawsuit.

5.6 Are there any other grounds on which the court may refuse to recognise and enforce the foreign judgment?

There are no obstacles to recognition and enforcement proceedings, except for:

the reasons explained in 4.1.; and
the reasons specified under Turkish law and international conventions and treaties to which Türkiye is a signatory.

5.7 Is partial recognition and enforcement possible?

Yes. The ultra petita prohibition is upheld, as recognition and enforcement are applicable only in a private law proceeding. Therefore, the applicant may request partial recognition and enforcement of a foreign judgment. However, this is possible only if the judgment contains severable provisions. Partial recognition and enforcement may also be possible under Article 52(1)(c) of the International Private and Procedural Law.

5.8 How will the court deal with cost issues (eg, interest, court costs, currency issues)?

The Law on Fees specifies the fees to be charged in case of enforcement of both foreign arbitral decisions and foreign judgments. In Turkish law, as stated in question 3.4, it is in dispute as to whether a proportional or fixed fee should be charged for the enforcement of a foreign judgment or an arbitration award, depending on the content of the decision. However, these fees are a requirement for filing a lawsuit. If the fees are not paid in full, pursuant to Article 150(4) of the Civil Procedure Law, a three-month period begins to run; if the relevant fees are not completed within this period, the case is deemed not to have been initiated and the enforcement proceedings thus cannot move forward. As a result, enforcement proceedings cannot be initiated.

6 Appeals

6.1 Can decisions in relation to the recognition and enforcement of foreign judgments be appealed?

Yes. According to Article 57(2) of the Civil Procedure Law, a decision rendered as a result of enforcement proceedings can be appealed under general provisions. As recognition is subject to the same conditions as enforcement, recognition proceedings can also be appealed. There is a monetary limit for appeal under Turkish law. In 2023, the appeal limit was TRY 238,730.

6.2 Can the applicant seek injunctive relief while the appeal is pending?

Yes – during the appeal process in recognition and enforcement proceedings, the applicant can request injunctive relief. As there are no provisions governing this matter in the International Private and Procedural Law, the request for interim measures must meet the conditions stipulated in the general provisions of the Civil Procedure Law (Article 389) concerning interim measures. Please see question 3.7.

In order to protect the rights of the other party, according to Article 392(1) of the Civil Procedure Law, in case the applicant for interim measures is found to be unjustified, it must provide security against potential damages that the opposing party and third parties may suffer as a result.

The party requesting injunctive relief must demonstrate a serious likelihood of suffering irreparable damage that could not be compensated in the subsequent process. Additionally, the requested interim measure must be compatible with fairness and the application must have a clearly acceptable reason.

It is not possible to request injunctive relief from the Court of Cassastion when the appeal process has reached the Court of Cassation stage. The authority that can grant injunctive relief is the civil court of first instance, which is competent to hear the main case.

7 Enforcing the foreign judgment

7.1 Once a declaration of enforceability has been granted, how can the foreign judgment be enforced?

By definition, once an enforcement decision has been rendered and has become final, the foreign judgment has the same consequences in Türkiye as a judgment issued by a Turkish court. Thus, a foreign judgment can be executed with the assistance of the Turkish executive organs and judicial authorities.

The enforcement judgment must first be notified to the party against which enforcement is requested. Upon notification, involvement of the judicial authorities for enforcement will not be required if the party against which enforcement is requested willingly complies with the decision's conclusions. If not, the judicial authorities will involve in enforcing these judgments upon request.

In this context, the foreign judgment, which falls within the framework of private law, will be enforced in accordance with the Enforcement and Bankruptcy Law. With the enforcement decision, a judgment in accordance with Turkish law will be obtained in the Turkish jurisdiction. From this point of view, in line with the jurisprudence of the Court of Cassation (as per Decisions E.2017/2 and K.2017/3 of the Grand General Assembly of the Court of Cassation of 26 May 2017), it should be taken into consideration that "a receivable based on a judgment cannot be put into enforcement proceedings without a judgment", because:

subjecting the decision to proceedings without a decision by way of general sequestration would not comply with the Enforcement and Bankruptcy Law or judicial practice;
the creditor has no legal interest in resorting to this method;
the legal situation of the debtor would be aggravated; and
the balance of interests between the parties would be disrupted.

As a result, Articles 24 to 41 of the Enforcement and Bankruptcy Law governing the prerequisites for enforcement based on a judgment will apply.

7.2 Can the foreign judgment be enforced against third parties?

The issue of whether a foreign court decision has effect against third parties will be determined according to the law of the foreign country in which the court rendered the decision.

8 Trends and predictions

8.1 How would you describe the current enforcement landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

Türkiye is gradually enhancing its effectiveness and collaboration both regionally and internationally. In this context, in the near future, in addition to the countries and international conventions listed in question 1.2, it is expected that Türkiye will:

conclude bilateral judicial cooperation agreements which include clauses regarding recognition and enforcement; and
become a signatory to new international conventions.

Furthermore, upon examining the 2019 Hague Convention on the Recognition and Enforcement of Foreign in Civil or Commercial Matters, it is observed that the rules on jurisdiction in the convention align with those of the International Private and Procedural Law. Moreover, there is a consensus in Turkish legal practice that decisions regarding proprietary rights on immovable property can be recognised and enforced if they are rendered by the court at the place where the immovable property is located. This principle is known as the 'exclusive jurisdiction rule' in immovable property cases, which is similar to the provision stated in Article 6 of the Hague Convention. Based on this, Türkiye's participation in the convention may be considered in the coming years.

Likewise, foreign court decisions regarding damages that exceed the nature of compensatory damages and are of a punitive nature under private law may in future be recognised and enforced by the Turkish courts under certain conditions.

9 Tips and traps

9.1 What are your top tips for smooth recognition and enforcement of foreign judgments, and what potential sticking points would you highlight?

The applicant must first fully comprehend the foreign judgment in light of the request for recognition and enforcement. It is important to thoroughly evaluate the scope of Turkish law and the context of what constitutes a matter of public order, as well as the Turkish sense of morality and etiquette. The existence of a legal interest must be clearly demonstrated.

If the party requesting recognition and enforcement is domiciled outside of Türkiye, the notification process will be prolonged. In this regard, having a representative who resides in Türkiye will expedite the procedure.

On the other hand, in order to prevent any loss of rights and to facilitate an effective recognition and enforcement process, it is highly beneficial to seek support from a competent legal adviser who is familiar with Turkish legal practice and the foreign legal order.

The petition at the application phase is extremely significant for the case. Therefore, it is highly recommended to seek support from qualified lawyers with local and international experience in terms of:

the content of the recognition and enforcement petition to be submitted to the court;
the proper preparation of the documents to be attached to the petition; and
prompt response in case of a possible deficiency, taking into account the principle of ultra petita prohibition.

Although there is no legal obligation to be represented by a lawyer before the Turkish courts, it is strongly recommended to seek the legal support of lawyers who are experts in their field, given the potential risks that may be encountered if the process is not carried out properly.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Turkey: Enforcement of Foreign Judgments Comparative Guide