Recognition and Enforcement of Foreign Court Judgments in Antalya, Turkey

Which Foreign Court Judgments Can Be Recognized or Enforced in Turkey?

Article 50 concerns final judgments issued by foreign courts in civil matters. Civil-law provisions contained in a foreign criminal judgment may also fall within the enforcement framework to the extent permitted by the statute.

The first issue is therefore whether the document is in fact a judgment of a foreign court, whether it concerns a civil-law matter and whether it has become final under the law of the country where it was issued. Arbitral awards are subject to a separate recognition and enforcement framework and should not be treated as ordinary foreign court judgments.

Yes. The MÖHUK framework requires the foreign judgment to have become final under the law of the country in which it was rendered. Turkish courts therefore need reliable evidence showing that the decision has acquired the required finality.

The foreign judgment itself may contain a finality notation, or a separate finality certificate or official document may be required. The document must be submitted in the form required by Turkish procedure together with an approved Turkish translation.

Is Reciprocity Required for Every Foreign Judgment?

No. Reciprocity is specifically an enforcement condition under Article 54(a). It can arise from an international agreement, a legal provision in the foreign state or established de facto practice permitting enforcement of Turkish court judgments.

Recognition is different. Article 58 provides that the conditions for enforcement apply to recognition except for the reciprocity condition in Article 54(a). This distinction is important when the foreign judgment is needed only for its legal effect rather than compulsory execution.

What Does the Public Policy Requirement Mean?

Article 54 prevents enforcement where the foreign judgment is manifestly contrary to Turkish public policy. Public-policy review is not intended to become a complete re-examination of whether the foreign court interpreted facts or foreign law correctly.

The question is whether recognition or enforcement of the foreign judgment's result would create a manifest conflict with fundamental principles protected by the Turkish legal order. This is a case-specific assessment.

Yes, in the circumstances specified by Article 54. A foreign judgment cannot be enforced if it concerns a matter within the exclusive jurisdiction of Turkish courts.

The statute also permits an objection where the foreign court assumed jurisdiction despite the dispute or parties having no real relationship with that state in a manner regarded as excessive under the Turkish enforcement test. This ground should be assessed from the actual connection between the foreign forum, the parties and the dispute.

Foreign default judgments require particular attention. Article 54 includes a defence-rights safeguard concerning a person who was not duly summoned to the foreign court, was not properly represented, or was subjected to a default procedure contrary to the law of the country where the judgment was issued.

This statutory ground is connected to an objection by the person against whom enforcement is sought. The Turkish file may therefore require the foreign summons, proof of service, representation records and procedural history to be examined alongside the judgment.

Under Article 51 of Law No. 5718, enforcement decisions are made by the competent court of first instance. The subject matter of the foreign judgment may also determine whether a specialised court, such as a family court, is the appropriate first-instance court.

As a venue rule, the application is filed at the court of the domicile of the person against whom enforcement is sought in Turkey; if there is no domicile, at the court of that person's habitual residence. If neither exists in Turkey, the statute permits filing before a court in Ankara, Istanbul or Izmir.

The exact file depends on the foreign country, judgment and requested Turkish legal effect. Core documents commonly include:

• the duly certified original or official copy of the foreign court judgment;
• an official document or notation showing that the judgment is final under the foreign law;
• approved Turkish translations of the judgment and finality document;
• apostille or other legalisation where required for the foreign official documents;
• identity or corporate documents of the parties;
• service and procedural records where defence-rights issues may arise;
• power of attorney where representation is used;
• documents relevant to reciprocity where enforcement is requested and the issue requires proof.

Does the Turkish Court Retry the Foreign Case From the Beginning?

Recognition and enforcement proceedings are not a new trial on the underlying dispute. The Turkish court examines whether the statutory conditions for giving the foreign judgment effect in Turkey are satisfied.

The procedure should therefore be distinguished from an appeal against the foreign judgment. Disagreement with the foreign court's factual findings or legal reasoning does not by itself convert the Turkish recognition or enforcement case into a merits appeal.

No. Turkey has a special administrative registration mechanism for certain foreign decisions concerning divorce, annulment, nullity or determination of whether a marriage exists. Where the requirements of Article 27/A of the Civil Registry Services Law No. 5490 and the implementing regulation are satisfied, the foreign decision may be registered in the Turkish family registry without first obtaining a court recognition judgment.

This administrative route is limited in scope. It does not automatically resolve every ancillary part of a foreign divorce judgment. Custody, child maintenance, personal contact, matrimonial property and compensation provisions may still require recognition or enforcement proceedings under Law No. 5718.

The foreign decision must fall within the types covered by the regulation, must have become final under the law of the country where it was issued and must not be manifestly contrary to Turkish public policy. The application is made to the authorities designated by the regulation, including competent Turkish foreign missions or provincial population and citizenship directorates.

The regulation requires the properly authenticated foreign decision, approved Turkish translation, a finality document if finality is not shown on the decision, identity documents and, where a representative applies, a qualifying special power of attorney.

The parties do not have to appear together at the same moment. Where separate applications are made, the regulation provides a maximum interval of 90 days between them.

Administrative registration of the divorce itself does not give enforceable effect to every ancillary order contained in the foreign judgment. The NVI regulation expressly states that provisions concerning custody, child maintenance, personal contact with a child, matrimonial property and compensation do not obtain enforcement effect through the administrative registration commission.

Where such provisions must be relied on or enforced in Turkey, the relevant party may need to pursue recognition or enforcement before the competent Turkish court under Law No. 5718.

A final foreign civil or commercial judgment ordering payment or another enforceable civil obligation may be capable of enforcement in Turkey if the requirements of Law No. 5718 are satisfied. Once a Turkish enforcement decision is obtained and becomes effective under Turkish procedure, the judgment holder may proceed through the appropriate Turkish execution mechanisms.

In commercial files, I also review whether the foreign judgment concerns the correct legal entity, whether the debtor has assets in Turkey, whether interest and costs are stated clearly, and whether the original proceedings raise jurisdiction, service or public-policy issues.

Where the judgment arises from a corporate or commercial relationship, related matters may also require review under Turkish company law. See Company Formation and Commercial Transactions for Foreigners in Antalya .