Recognition and Enforcement of Foreign Judgments in Turkish Law

How Are Foreign Court Decisions Recognized and Enforced in Turkish Law?

When a Turkish judge determines that the conditions specified in the foreign court decision to be recognized are met, they will issue a recognition decision. Although the judge has discretion to verify whether the conditions are met, once the conditions are fulfilled, they are obliged to issue a recognition decision, and there is no longer any discretion involved.

What Are the Conditions for Recognition and Enforcement of Foreign Judgments in Turkish Law?

The prerequisites for the recognition process are determined according to the Turkish International Private Law and Procedure Law (IPPL). According to this provision, the judgment to be recognized must have been rendered by a foreign court and must have become final under the laws of that state.

The first requirement for a Turkish court to issue a recognition decision is the existence of a judgment rendered by a foreign court. In accordance with the explicit provisions of the IPPL, decisions made by authorities other than courts cannot be recognized in Turkey.

In property disputes concerning immovable properties in Turkey, the jurisdiction of the court where the property is located is determined as exclusive jurisdiction by Article 12 of the Turkish Civil Procedure Law (CPL). Therefore, the recognition and enforcement of foreign court decisions regarding the property rights of immovable properties in Turkey are not possible.

Another condition is that the foreign judgment must not be contrary to Turkish public order. Since the nature of public order is variable, and it is not possible for the legislator to determine beforehand the elements contrary to public order, under the IPPL, situations that would prevent the recognition and enforcement of foreign court decisions are left to the discretion of the judge.

If only a part of the decision is contrary to public order, it is possible to recognize and enforce the non-contradictory part. This is because if the plaintiff has a legal interest, only this part of the foreign court decision can be the subject of the enforcement action (IPPL Article 52/I-c). The same principle applies to decisions sought for registration in the population register. The competent civil registry office may reject the registration request only if the foreign decision is clearly contrary to Turkish public order.

Article 54(c) of the IPPL requires compliance with the defendant’s right to defense before the foreign court as a condition for recognition or enforcement. It should be considered that a judgment rendered in absentia or in the absence of the defendant may raise the possibility of a violation of defense rights. In this case, whether the right to defense has been violated should be evaluated according to the law of the court rendering the judgment, as this issue pertains to procedural matters, and the judge applies the law concerning procedure.

For the issues specified in Article 54(c) to be considered as obstacles to recognition or enforcement, the person against whom recognition or enforcement is requested must have raised an “objection” to this matter. This requirement is not something the judge will consider ex officio; it needs to be explicitly stated by the parties involved.

Recognition and Enforcement Proceedings: What is the Procedure?

Recognition and enforcement proceedings are subject to simplified trial procedure, and the recognition action filed to accept the definitive legal force of foreign judgments is of the nature of a determination action. Based on a foreign judgment determined to meet the recognition criteria in a Turkish court, an administrative procedure can be conducted in Turkey. Additionally, if the desire is to benefit from the final judgment or conclusive evidence effect of the foreign decision, recognition of this foreign decision can be requested in a case pending in Turkey.

As a result of the recognition or enforcement request, after evaluating the conditions specified in the law, the Turkish court may issue a decision regarding the partial or complete recognition or enforcement of the foreign judgment. If a recognition or enforcement decision is rendered, it is written underneath the foreign judgment, sealed, and signed by the judge. Moreover, there is no specific time limit prescribed for the recognition or enforcement of a foreign judgment in Turkish law. Therefore, recognition and enforcement of the foreign judgment can always be requested from a Turkish court.

Where is the Competent Court in Recognition and Enforcement Cases?

The competent court in recognition and enforcement cases is the Court of First Instance (Asliye Mahkemesi). However, in cases related to family law, the competent court is the Family Court (Aile Mahkemesi). Additionally, according to Article 51/2 of the Turkish International Private Law and Procedure Law (IPPL), the court where the party seeking recognition and enforcement resides in Turkey or, if not residing, where they are domiciled is competent. If there is neither residency nor domicile in Turkey, one of the courts in Ankara, Istanbul, or Izmir will be competent.

Turkish administrative authorities are obligated to comply only with judgments issued by Turkish courts. Therefore, when an administrative procedure, such as registering in the population registry in Turkey, is based on foreign judgments related to personal status matters, the foreign judgment must be recognized by a Turkish court.

What Are the Necessary Conditions for the Registration of Foreign Judgments in the Population Registry?

The following conditions apply for the registration of divorce judgments issued by foreign courts in the population registry: The parties must apply jointly or through their representatives, the judgment must have been rendered by a competent judicial or administrative authority according to the laws of the state where it was issued, and it must have become final in accordance with procedural rules. Additionally, it must not be contrary to Turkish public order.

If the registration request is rejected due to failure to meet these conditions, recognition of the judgment in Turkey will be done in accordance with the Turkish International Private Law and Procedure Law.

How is Joint Application by the Parties Ensured?

While anyone with a legal interest can request the recognition of a foreign judgment under the Turkish International Private Law and Procedure Law (IPPL), for a foreign judgment declaring the end of marriage to be recorded in the Turkish civil registry, it is necessary for the parties to make a joint application. In other words, if one of the parties has deceased while applying jointly for the termination of marriage, their heirs should apply to the court instead of the Civil Registry Office.

There is no need to open a separate recognition case in the competent family court for the recognition of the foreign judgment terminating the marriage. This is because when the parties themselves or their representatives make a joint application to the civil registry offices designated by the ministry for the termination of the marriage, the necessary conditions are met, and the registration of the foreign judgment in the civil registry becomes possible.

In addition to the joint application by the parties, another requirement for the registration of foreign judgments in the civil registry is that the judgment must have become final according to the laws of the state where it was issued.

You can access detailed information on the Divorce Recognition and Enforcement Case in Turkish Law

How Are Decisions Regarding Registration Requests Made and Processed?

For decisions made abroad, the registration procedures to be carried out in the Civil Registry will be handled by the diplomatic missions, while those made domestically will be handled by the civil registry offices designated by the Ministry (Civil Registry Services Law Article 27/A(2)).

The Civil Registry Office will conduct an examination to determine whether the foreign decision meets the conditions specified in the law. If it is determined that the foreign decision meets the necessary conditions, the termination of the marriage will be recorded in the civil registry. However, if one of the conditions specified in the foreign decision is missing, the request will be rejected. It is essential that the authority issuing the foreign decision be a court; if the decision is issued by any administrative authority other than a court, recognition will not be possible according to the International Private Law and Procedure Law (IPPL).

For further assistance or consultation regarding the recognition and enforcement of foreign court decisions in Turkey, you can contact us.