Legal Assistance with Foreign Court Judgments
Individuals and businesses seeking to rely on foreign judgments in Turkey may need to initiate recognition or enforcement proceedings before the competent Turkish courts.
These proceedings are particularly relevant to foreign divorce decisions, monetary judgments, contractual disputes, inheritance matters and other cross-border civil and commercial disputes.
Dr. Faruk Özkan, Attorney at Law, provides legal assistance concerning the recognition and enforcement of foreign judgments in Turkey.
Holding a PhD in Private International Law from Istanbul University and an LL.M. from the University of Bonn, Dr. Özkan has an academic background directly related to international jurisdiction, conflict of laws and cross-border legal proceedings.
Recognition and Enforcement Under Turkish Law
The recognition and enforcement of foreign court judgments are principally regulated by Articles 50–59 of the Turkish Private International Law and International Civil Procedure Act, Law No. 5718. Although recognition and enforcement are closely related, they serve different legal purposes.
Recognition of Foreign Judgments
Recognition establishes the relevant legal effects of a qualifying foreign judgment in Turkey, particularly its binding effect and res judicata consequences. For example, recognition may be relevant where a foreign court has determined a person's marital status or resolved a civil dispute that is subsequently raised before a Turkish court. Article 58 of Law No. 5718 regulates recognition and refers to certain enforcement conditions, while excluding the reciprocity requirement applicable to enforcement.
Enforcement of Foreign Judgments
Enforcement enables a qualifying foreign judgment to be executed in Turkey through the applicable Turkish legal mechanisms. For example, a creditor who has obtained a foreign money judgment may need an enforcement decision before pursuing compulsory execution against assets located in Turkey. Under Article 50, enforcement generally concerns final judgments rendered by foreign courts in civil matters. The requirements for enforcement are primarily regulated by Articles 50 and 54 of Law No. 5718.
Conditions for Enforcement of a Foreign Judgment
Finality of the Foreign Judgment
The foreign judgment must satisfy the statutory finality requirement under the law of the country where it was rendered. The relevant documentation must establish that the judgment has become final in the legally required sense.
Reciprocity Between Turkey and the Foreign State
Article 54(a) requires reciprocity for enforcement. Reciprocity may arise from an international agreement, a legal provision in the foreign state or an established practice permitting the enforcement of Turkish judgments. The existence and nature of reciprocity must be assessed with reference to the relevant foreign jurisdiction. Reciprocity is not a general requirement for recognition under Article 58.
Jurisdiction of the Foreign Court
The foreign judgment must not concern a matter falling within the exclusive jurisdiction of Turkish courts. Article 54 also addresses objections concerning judgments rendered by foreign courts without a genuine connection to the dispute, subject to the statutory conditions. The relevant jurisdictional issues must be assessed in light of the particular proceedings.
Turkish Public Policy
The foreign judgment must not be manifestly contrary to Turkish public policy. A difference between Turkish law and the law applied by the foreign court does not, by itself, necessarily establish a public policy violation.
Right of Defence and Due Process
The defendant's procedural rights may be relevant to enforcement. Article 54 provides grounds for objection concerning matters such as improper summons, lack of representation or proceedings conducted in the defendant's absence contrary to the relevant foreign procedural rules, subject to the statutory requirements.
Can a Foreign Money Judgment Be Enforced in Turkey?
A foreign judgment ordering payment of a monetary amount may be eligible for enforcement in Turkey if the statutory conditions are satisfied. Following an enforceable Turkish decision, the creditor may pursue the applicable enforcement proceedings against assets located in Turkey.
Contact Dr. Faruk Özkan
For legal assistance with the recognition or enforcement of a foreign judgment in Turkey, contact Dr. Faruk Özkan, Attorney at Law.