Approval and effectiveness of foreign judgements on the outside of country is possible through recognition and enforcement of judgement.  The difference between recognition and enforcement can be explained as the execution of decision is only possible with enforcement. When the foreign judgement may only serve as a definitive evidence and a res judicata via recognition, the decision may be executed via enforcement, also.

The regulations related with recognition and enforcement are regulated by domestic law rules. In Turkish Law, the conditions for validity of recognition and enforcement are regulated by International Private and Procedural Law(IPPL), Law no. 5718.

There must be a final foreign court decision(the finalization statement must be comply with national law rules of foreign court which rendered the decision) and the decision must be related with law suits. These aspects of enforcement are regulated by Aritcle 50 of IPPL. Substantive conditions of recognition and enforcement decision are regulated by following provisions of relevant law. The relevant article of IPPL with regard to substantial conditions is as following:

Conditions of Enforcement

ARTICLE 54

(1) The competent court shall render enforcement subject to the following conditions:

a) Existence of an agreement, on a reciprocal basis between the Republic of Turkey and the state where the court decision is given or a de facto practice or a provision of law enabling the authorization of the execution of final decisions given by a Turkish court in that state,

b) The judgment must have been given on matters not falling within the exclusive jurisdiction of the Turkish courts or, in condition of being contested by the defendant, the judgment must not have been given by a state court which has accepted himself competent even if there is not a real relation between the court and the subject or the parties of the lawsuit,

c) The court decree shall not openly be contrary to public order,

d) The person against whom enforcement is requested was not duly summoned pursuant to the laws of that foreign state or to the court that has given the judgment, or was not represented before that court, or the court decree was not pronounced in his/her absence or by a default judgment in a manner contrary to these laws, and the person has not objected to the exequatur based on the foregoing grounds before the Turkish court,

According to the law, existence of agreement between states or de facto practice or a provision of law based upon reciprocity principle is required for the enforcement.

Enforcement of a court decision which is given on a subject that is included in exclusive jurisdiction of Turkish courts is not possible. For instance, decisions with respect to custody or property of a real estate are accepted as one of exclusive jurisdiction areas by the Court of Cassation. Court decisions with regard to these subjects could not be recognised or enforced.

The most important aspect is that the foreign judgement must not be contrast with public order principle. If the foreign judgement is contrast with the public order principle, recognition or enforcement of that decision is not possible, even if it is not contrary to public order in the state that the decision is given.

The accuracy of foreign judgement could not be judged. The subjects related with reason of decision could not be judged, too. Besides, the other party of the foreign judgement must be subpoenaed in due form. In other words, effectuation of right of self defense is stipulated. Finally the other party of foreign judgement should not have been objected to the recognition and enforcement action. These are the legal conditions of recognition and enforcement of foreign judgements. These conditions are fully required for recognition, excluding reciprocity principle.

WHO CAN TAKE AN ACTION FOR RECOGNITION AND ENFORCEMENT?

Every person who have a legal interest to do it can take an action for recognition and enforcement. The application of parties of foreign judgement is not necessary. Inheritors of testator could take an action for recognition of divorce decision that was given before the mortality of testator, for instance. Inheritors have a  legal interest to take an recognition action in that case.

WHICH COURT HAS JURISDICTION OVER RECOGNITION AND ENFORCEMENT CASES?

Civil courts of general jurisdicion have jurisdiction as a rule. Family courts have jurisdiction over actions related with divorcement and family law.

WHICH COURT HAS A TERRITORIAL JURISDICTION?

The court at the place of habitual residence of the person against whom enforcement is requested has a territorial jurisdicion whether he/she does have a domicile in Turkey. If not, from one of the courts in İstanbul, Ankara, or İzmir.

The foreign judgements which are decided to enforcement are executed as if it is a court decision that given by Turkish courts.

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.