You have obtained a judgment in your favour from a foreign court, but the debtor's assets are in Türkiye. That judgment cannot be enforced here of its own force. For a foreign judgment to be enforceable in Türkiye, the competent Turkish court must give an enforcement decision.
The subject is governed by Law No. 5718 on Private International Law and Procedural Law. The law provides for two distinct institutions: recognition and enforcement. Confusing them means the wrong action is brought and the time spent is lost.
Recognition is not enforcement
This is the point most often confused, and an action brought without drawing the distinction correctly does not produce a result.
| Recognition | Enforcement | |
|---|---|---|
| What it achieves | The foreign judgment is accepted in Türkiye as res judicata or as conclusive evidence | The foreign judgment becomes enforceable in Türkiye |
| When it is needed | Where the judgment is to be relied on but there is nothing to execute | Where an obligation determined by the judgment must be enforced |
| Reciprocity | Not required | Required |
| Example | Registering a foreign divorce in the civil register | Collecting a debt awarded by a foreign court |
The law makes recognition dependent on the court finding that the foreign judgment satisfies the conditions for enforcement. But there is an important distinction: the reciprocity condition does not apply to recognition. The other conditions apply; reciprocity alone does not.
The practical consequence is this: a judgment from a state with which Türkiye has no reciprocity may not be enforceable, yet may still be capable of recognition. That is not enough to collect a debt, but it opens the way where the existence of the judgment is what must be relied on.
The effect of a foreign judgment as res judicata or conclusive evidence runs from the moment the foreign judgment became final.
Which judgments can be enforced?
The law lays down two measures. The judgment must be given in civil proceedings and must have become final under the law of the state in which it was given.
Criminal judgments are as a rule outside this scope; however, enforcement may also be sought in respect of provisions concerning personal rights contained in the criminal judgments of foreign courts. Compensation awarded in criminal proceedings may therefore be the subject of enforcement.
Finality is assessed under the law of the country where the judgment was given. Seeking enforcement of a judgment still open to appeal therefore stalls the file at the outset.
Which court, and where
The competent court is the civil court of first instance. As to venue, the law lays down a sequence:
- The court of the domicile in Türkiye of the person against whom enforcement is sought.
- Failing a domicile, the court of the place where they reside.
- Where there is no domicile or place of residence in Türkiye, one of the courts of Ankara, İstanbul or İzmir.
That last limb matters in practice for debtors living abroad with no known address in Türkiye: the action is not impossible, it is brought in one of those three cities.
The application
Anyone with a legal interest in the enforcement of the judgment may apply. The application is made by petition, with as many copies attached as there are opposing parties.
The law sets out what the petition must contain:
- The names, surnames and addresses of the applicant and the other party, and of any legal representatives and lawyers.
- The state whose court gave the judgment, the name of that court, the date and number of the judgment and a summary of it.
- Where enforcement is sought of only part of the judgment, which part.
Documents to be attached
Defective documentation is where files are most often returned in practice. The law requires two documents:
| Document | Required form |
|---|---|
| The foreign judgment | The original duly certified by the authorities of that country, or a copy certified by the court that gave it, with a certified translation |
| Certificate of finality | A document or letter showing that the judgment has become final, duly certified by the authorities of that country, with a certified translation |
A certified translation is required for both. Preparation should also cover the apostille or consular certification needed before foreign official documents can be used in Türkiye.
The conditions for enforcement
The competent court gives an enforcement decision on the conditions set out in the law. There are four, and each opens a separate line of defence.
- Reciprocity: An agreement based on reciprocity between Türkiye and the state in which the judgment was given; or a provision of law or a practice in fact in that state making the enforcement of Turkish judgments possible. The law offers three alternatives; where there is no agreement, practice in fact must be established.
- Exclusive jurisdiction: The judgment must have been given on a matter not within the exclusive jurisdiction of the Turkish courts. Further, where the defendant objects, it must not have been given by a court of a state that assumed jurisdiction although it had no genuine connection with the subject matter or the parties.
- Public policy: The judgment must not be manifestly contrary to public policy. The law confines the test to manifest contravention.
- Rights of defence: The person against whom enforcement is sought must not have been improperly summoned before the court under the law of that place, or left unrepresented there, or had judgment given in their absence contrary to those laws — and must not have failed to raise that objection before the Turkish court.
Procedure and objections
The petition is served on the other party together with the hearing date. The application is examined and decided under the rules of simplified procedure. Recognition and enforcement of decisions in non-contentious matters are subject to the same provision; the service requirement does not apply to non-contentious decisions with no opposing party.
The law lists the objections the other party may raise. They may object only on the ground that the conditions for enforcement are not met, or that the foreign judgment has been performed in whole or in part, or that a reason preventing its performance has arisen.
The consequence is that enforcement proceedings are not a rehearing of the dispute decided by the foreign court. The examination proceeds on the heads listed in the law.
Decision, appeal and execution
The court may order enforcement of the judgment in whole or in part, or dismiss the application. The decision is written beneath the foreign judgment and sealed and signed by the judge.
Foreign judgments declared enforceable are executed as though given by Turkish courts. The enforcement decision therefore opens the way to enforcement proceedings on a judgment.
Foreign arbitral awards
Arbitral awards are subject to separate provisions. Foreign arbitral awards that are final and enforceable, or binding on the parties, may be enforced.
As to venue the sequence is: the civil court of first instance of the place agreed in writing by the parties; failing such an agreement, the domicile in Türkiye of the party against whom the award was made, failing that their place of residence, and failing that the court of the place where assets capable of execution are located.
The petition must be accompanied by the original or a duly certified copy of the arbitration agreement or clause, and the original or a duly certified copy of the award, together with certified translations.
The law separately lists the grounds for refusal: the absence of an arbitration agreement or clause; the award being contrary to public morals or public policy; the dispute not being capable of settlement by arbitration under Turkish law; a party not having been duly represented before the arbitrators; the party against whom enforcement is sought not having been given proper notice of the appointment of the arbitrators or having been deprived of the opportunity to present its case; invalidity of the arbitration agreement or clause; the appointment of the arbitrators or the procedure applied being contrary to the parties' agreement; the award exceeding the limits of the agreement; and the award not having become final, or having been set aside.
Recognition of foreign arbitral awards is likewise subject to the provisions on enforcement.
Where the New York Convention fits
The law provides that the provisions of international conventions to which Türkiye is a party are reserved. For foreign arbitral awards, that means the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, known as the New York Convention.
Türkiye acceded to the Convention on 2 July 1992 and it entered into force for Türkiye on 30 September 1992. Two reservations were made on accession:
- Reciprocity reservation: The Convention applies only to the recognition and enforcement of awards made in the territory of another contracting state.
- Commercial reservation: The Convention applies only to differences arising out of legal relationships that are considered commercial under national law.
The first question with any arbitral award is therefore whether it falls within the Convention. Where it does not, the provisions of the law apply.
After enforcement: the collection stage
An enforcement decision is a beginning, not a conclusion. Once obtained, the judgment is put into execution as a Turkish judgment would be, and the real question becomes whether collection can be made from the debtor's assets.
What arises at this stage is the investigation of the debtor's immovable property, vehicles, bank accounts and receivables, attachment, and where necessary the sale process. For creditors abroad the process can be conducted under a power of attorney; being in Türkiye is not required.
Frequently asked questions
- Can I put my foreign judgment straight into execution? No. A foreign judgment can be enforced in Türkiye only where the competent Turkish court gives an enforcement decision.
- Should I seek recognition or enforcement? Where there is an obligation to be executed, enforcement is required. Where it is enough to rely on the existence of the judgment, recognition is the route.
- There is no treaty between my country and Türkiye — is it still possible? Reciprocity is not established by treaty alone; a provision of law or a practice in fact in that state permitting the enforcement of Turkish judgments is also treated as sufficient. For recognition, reciprocity is not required at all.
- My judgment is not yet final — can I bring the action? The law requires the judgment to have become final under the law of the state in which it was given.
- I have no address in Türkiye — which court do I apply to? Where the other party has no domicile or place of residence in Türkiye, application is made to a court in Ankara, İstanbul or İzmir.
- Can the other side reopen the dispute? The law lists the objections that may be raised; the examination proceeds on those heads.
- Can I execute immediately once enforcement is granted? If the decision is appealed, the law provides that appeal suspends execution.
- Is the route the same for my arbitral award? Separate provisions and separate grounds of refusal apply to arbitral awards, and the scope of the New York Convention must also be determined.
- Can the process be run without my coming to Türkiye? The steps can be conducted under a power of attorney.
- What if the application is refused? Appeal against a refusal follows the general rules. Depending on the reasoning, remedying the defect and applying again may also be considered.
How we work on these files
Before proceedings we assess whether the judgment is final, which of the three limbs reciprocity will be established through, and whether recognition or enforcement is required. We prepare the documents as to certification and translation, identify the competent court and conduct the action. Once enforcement is granted we commence enforcement proceedings on the judgment and follow the collection stage, including investigation of the debtor's assets and attachment. The whole process can be conducted under a power of attorney.