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Understanding how to enforce a foreign judgment in Turkey is crucial for individuals and companies seeking to protect their rights, recover debts, or register personal status decisions such as divorce or custody orders. In today's globalized economy, cross-border commercial and personal relations often result in foreign court rulings that must be made effective in Turkey.
When a Turkish company start a business with a European partner, the dispute may be resolved under a foreign court's jurisdiction. However, to make that foreign judgment legally valid and enforceable in Turkey, a procedure known as the recognition and enforcement of foreign judgments in Turkey must be completed before the competent Turkish courts. This article explains the legal basis, conditions, and procedural steps for recognition and enforcement of foreign court decisions in Turkey, and provides answers to frequently asked questions.
Legal Framework
As a rule, every sovereign state enforces only its own court decisions. Therefore, judgments rendered abroad cannot automatically produce effects in Turkey unless recognized by Turkish courts. The Law on Private International and Procedural Law (Law No. 5718) sets out the principles governing the recognition and enforcement of foreign judgments in Turkey, including both civil judgments and the personal rights aspects of criminal rulings.
How to Enforce a Foreign Judgment in Turkey
To enforce a foreign judgment in Turkey, the decision must first be recognized and approved by a Turkish court. Under Article 50 of the Law on Private International and Procedural Law (Law No. 5718), the execution of foreign court judgments finalized in their country of origin is only possible after obtaining an enforcement decision from the competent Turkish court.
In practice, the foreign judgment must be rendered by a legitimate judicial authority, be final and binding according to the foreign country's laws, and be granted enforcement by a Turkish court. Only when these requirements are met can a foreign court ruling be enforced in Turkey.
General Conditions
- The decision must be issued by a court
The first condition for the recognition and enforcement of foreign judgments in Turkey is that the ruling must be issued by a competent judicial body. Only decisions made by public authorities with judicial power under the law of the country of origin can be enforced. Decisions rendered by private or non-judicial bodies cannot be recognized or enforced under Turkish law. - The judgment must be final
Another key condition is that the foreign judgment must be final and binding in its country of origin. If the decision is still open to appeal or has not yet gained final status, it cannot be recognized or enforced in Turkey. The finality of a judgment is assessed under the laws of the country where it was issued. During this review, Turkish courts examine whether the judgment has become final in that legal system. Once confirmed, the court may decide on its recognition and enforcement in Turkey. - Enforcement decision from a Turkish court
A foreign judgment cannot be directly executed in Turkey without an enforcement decision issued by a Turkish court. This step ensures compliance with the principles of judicial independence and national sovereignty, meaning that no foreign ruling can have effect in Turkey without judicial review and confirmation by Turkish authorities.
Special Conditions for Enforcement of Foreign Judgments in Turkey
In addition to the general requirements, there are specific conditions that must be fulfilled for a foreign court decision to be recognized and enforced in Turkey. Articles 50–59 of Law No. 5718 regulate these rules. According to Turkish case law, a foreign judgment may only be accepted as final evidence or enforceable once the competent Turkish court determines that all conditions for enforcement are satisfied. These conditions include the presence of reciprocity between states, the absence of exclusive Turkish jurisdiction, compliance with public order, and respect for the defendant's right to a fair trial.
- Principle of reciprocity
Reciprocity means that Turkey enforces foreign judgments only if that country also enforces Turkish court decisions under similar conditions. It may arise from treaties, domestic laws, or consistent court practice showing mutual enforcement. Reciprocity is required for enforcement but not necessarily for recognition. For most Western countries such as Germany, France, the UK, and the US, reciprocity has been established, ensuring balanced judicial cooperation. - Jurisdictional limits
The foreign court's judgment must not involve matters under the exclusive jurisdiction of Turkish courts. Moreover, if the defendant raises an objection, the Turkish court examines whether the foreign court exercised jurisdiction arbitrarily. The dispute must have a genuine link with that foreign country through the parties or subject matter. Without such a connection, the enforcement request will be rejected. - Compatibility with Turkish public order
A foreign court judgment cannot be recognized or enforced if it contradicts Turkey's fundamental legal principles, moral values, or public policy. For example, a decision concerning euthanasia or other issues contrary to Turkish law would not be accepted. This safeguard ensures that foreign judgments do not undermine Turkey's legal or ethical foundations. - Compliance with the right to a fair trial
If the defendant was not properly summoned, represented, or if the judgment was issued in violation of due process, enforcement in Turkey will be denied. The person against whom enforcement is sought may object on these grounds, and if the court finds the objection justified, the decision will not be enforced.
These special conditions ensure that the recognition and enforcement of foreign judgments in Turkey align with Turkish sovereignty, public policy, and the principles of justice and reciprocity.
Procedure for the Recognition and Enforcement of Foreign Judgments in Turkey
Foreign court decisions that satisfy the general and special requirements may be submitted to Turkish courts for enforcement. The applicant must file a petition before the competent court of first instance, accompanied by:
- The certified original or an official copy of the foreign judgment,
- A sworn Turkish translation of the decision, and
- A certificate confirming that the judgment is final and binding in the foreign country.
After submission, the court notifies the opposing party and sets a hearing date. The respondent may object, arguing that the enforcement requirements are not met, that the judgment has already been fulfilled, or that a legal obstacle prevents its execution.
Upon examination, the court may grant enforcement fully or partially, or reject the request. Once enforcement is approved, the foreign judgment gains the same effect as a Turkish court ruling and can be executed through enforcement offices.
Decisions in recognition and enforcement cases may be appealed under the same procedure as civil cases. The appeal process suspends enforcement until the appellate decision becomes final.
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Timeline and Cost of Recognition and Enforcement Cases in Turkey
The recognition and enforcement of foreign judgments in Turkey follow a judicial process whose duration and cost depend on the case's complexity, document completeness, and party conduct. While procedures are uniform across the country, the total time and expenses may vary by court.
In straightforward cases with properly apostilled, translated, and certified documents, a judgment may be obtained within six to nine months. If objections arise or the court must verify reciprocity, the process can extend to twelve to eighteen months. Delays usually result from missing documents, inaccurate translations, or jurisdictional disputes.
Either party may appeal the first-instance decision and, if necessary, apply to the Court of Cassation. These additional stages extend the timeline, and enforcement remains suspended until the appellate ruling becomes final.
Court Fees and Legal Costs
The cost of enforcing foreign judgments in Turkey includes court filing fees, translation and notarization expenses, and attorney fees. There has been debate on whether courts should apply a proportionate fee based on the claim's value or a fixed declaratory fee. While some courts view these proceedings as declaratory, others calculate fees proportionally.
In a 2025 Constitutional Court decision, the court held that proportional fees in enforcement cases do not violate constitutional rights such as property or access to justice, affirming that this method complies with the Constitution. However, there is still no uniform practice nationwide. Applicants should consult a Turkish lawyer to assess the likely costs in their jurisdiction and ensure the process runs smoothly.
Why You Should Work With a Lawyer in Turkey
The recognition and enforcement of foreign judgments in Turkey require representation by a lawyer licensed to practice in Turkey. All court filings and appearances must be made through such attorneys. Foreign individuals or companies must therefore appoint a Turkish lawyer to represent them before local courts.
Engaging unauthorized intermediaries such as collection agencies or consultancy firms poses serious legal risks, as these entities cannot represent clients in court or submit petitions. Applications filed through them are frequently rejected or delayed.
Working with a qualified Turkish law firm ensures proper filing, handling of objections, and compliance with procedural rules. Only licensed lawyers can appear before courts and manage enforcement proceedings. Choosing a reputable Turkish law firm guarantees professional representation, confidentiality, and the protection of rights throughout the enforcement process.
Conclusion
The recognition and enforcement of foreign judgments in Turkey require precise adherence to procedural rules and the involvement of a lawyer licensed to practice in Turkey. Even minor errors in documentation or translation can delay the process or render a judgment unenforceable. Working with an experienced Turkish law firm ensures accuracy, efficiency, and full legal compliance, enabling foreign judgments—whether commercial, civil, or family-related—to take full effect within the Turkish legal system.
Read the Full Article
This publication is a summarized version of the full guide available on Paldimoglu Law Firm Turkey's website.
Read the full article: How to Enforce Foreign Judgments in Turkey in 2025?
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.
