Recognition and Enforcement of Foreign Court Judgments in Turkish Law

In today’s increasingly globalized world, cross-border commercial and personal relationships often lead to legal disputes resolved by foreign courts. This creates a need for judgments issued in one country to be recognized and enforced in another. In Turkey, the recognition and enforcement of foreign court judgments are governed by the International Private and Procedural Law (Law No. 5718). This article explores the conditions and process for recognizing and enforcing foreign judgments within the Turkish legal system.

1. Legal Basis for Recognition and Enforcement

Articles 50–59 of Law No. 5718 establish the requirements for the recognition and enforcement of foreign judgments in Turkey:

• Recognition: Recognition allows a foreign judgment to have res judicata or conclusive evidence effects in Turkey. This is particularly relevant for personal status decisions, such as divorce decrees.

• Enforcement: Enforcement is necessary when a foreign court judgment requires execution in Turkey, such as debt recovery or alimony orders. Through enforcement, a foreign judgment becomes executable under Turkish law.

2. Conditions for Recognition and Enforcement

Under Article 54 of Law No. 5718, certain key conditions must be met for a foreign judgment to be recognized or enforced in Turkey:

1. Finality of the Judgment: The foreign court judgment must be final and binding in the country where it was issued.

2. Non-Contravention of Turkish Public Order: A judgment that violates Turkish public order cannot be recognized or enforced. Judgments conflicting with Turkey’s core legal values, moral standards, or constitutional principles may not be eligible.

3. Reciprocity Principle: There must be reciprocity between Turkey and the country where the judgment was issued, meaning that Turkish judgments must also be recognized in that country.

4. Preservation of the Right to Defense: The judgment must have been issued in a manner that respects the defendant’s right to a fair defense. If the defendant was not given the opportunity to defend themselves, the judgment may not be recognized in Turkey.

3. Recognition and Enforcement Procedure

To initiate the recognition or enforcement process, an applicant must file a lawsuit in the competent Civil Court of First Instance in Turkey. The following documents are required:

• Certified Copy of the Foreign Judgment: The original or a certified copy of the foreign judgment.

• Proof of Finality: A certificate of finality indicating that the judgment is final.

• Translation of the Judgment: A notarized Turkish translation of the foreign judgment.

The court reviews the documents and examines whether the conditions for recognition or enforcement have been met.

4. Applications of Recognition and Enforcement

Recognition and enforcement of foreign judgments have applications across several legal areas:

• Family Law: Foreign divorce decrees, for example, are recognized to establish marital status within Turkish jurisdiction.

• Commercial and Debt Recovery Law: Foreign debt judgments can be enforced to recover assets within Turkey.

• Arbitral Awards: Foreign arbitral awards are recognized and enforced in Turkey under the New York Convention, which applies specific rules for arbitration enforcement.

5. Challenges in the Recognition and Enforcement Process

Issues such as public order and reciprocity allow Turkish courts considerable discretion in the recognition process. Evaluating whether the right to defense was respected also requires careful consideration.

Conclusion

Recognition and enforcement of foreign court judgments are essential in securing individual and commercial rights within the Turkish legal framework. Law No. 5718 provides a structured approach to incorporating foreign judgments into Turkish jurisdiction. Ensuring all legal requirements are met is crucial for the successful recognition and enforcement of foreign judgments in Turkey.