This article aims to provide an overview of the enforcement procedures and conditions for foreign judgments in Turkey. The enforcement of foreign court decisions is primarily governed by Turkish Private International and Procedural Law and Turkish Civil Procedure Law. In this guide, we will outline the relevant legal provisions and procedural requirements for enforcing foreign judgments in Turkey.

Additionally, it is important to note that Turkey is a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), which governs the enforcement of arbitral awards in cross-border disputes.

How Can a Party Enforce a Foreign Judgment in Turkey?

Turkish law does not allow the direct enforcement of foreign judgments without a formal review by the Turkish courts. The enforcement process requires an exequatur procedure, during which the court examines the formal requirements of the judgment.

Certain exceptions exist, such as alimony payments and some family law-related decisions, which may be enforced more directly under international agreements. However, litigation-related judgments—such as commercial disputes and divorce decrees—cannot be enforced without a court ruling.

Is the Enforcement of a Foreign Judgment Guaranteed?

The enforcement of a foreign judgment in Turkey depends on whether the judgment meets the formal legal criteria set by Turkish law. If the requirements are satisfied, the judgment can be enforced. However, foreign judgments involving immovable property in Turkey cannot be enforced.

What Is the Procedure for Enforcing a Foreign Judgment?

The enforcement process follows the simple procedure (petty sessional procedure), meaning that the case should be concluded after a few rounds of petitions between the applicant (creditor) and the defendant (debtor). Compared to other legal proceedings, enforcement cases are generally resolved more quickly.

What Do Turkish Courts Examine During the Enforcement Procedure?

Turkish courts strictly assess the formal validity of foreign judgments before granting enforcement. The key factors examined include:

1. Reciprocity Requirement

Reciprocity is a precondition for enforcement in Turkey. The principle of reciprocity ensures that Turkish citizens and Turkish legal entities must have equivalent enforcement rights in the country where the foreign judgment was issued.

2. Existence of a Judgment

A valid court decision must exist, clearly stating:

• The final ruling,

• The amount of the dispute, and

• The rights granted to the successful party.

3. Requirement of a Final Judgment

Turkish courts require that the foreign judgment be final and binding. However, despite the New York Convention’s definition of ‘binding’, Turkish courts tend to interpret this as absolute finality.

As a result, applicants often need to obtain an additional document from the foreign court confirming that the judgment is not subject to appeal. In practice, Turkish courts may refuse to enforce a judgment unless such a document is provided.

4. Compliance with Turkish Public Order

Turkish courts assess whether the foreign judgment complies with Turkish public order. In cases where the decision violates fundamental human rights or constitutional principles, enforcement may be denied.

For example, judgments issued in accordance with Sharia law or legal principles that conflict with secularism and human rights charters may be rejected by Turkish courts. However, judgments based on Western legal principles are generally accepted.

5. Right to a Fair Trial

If the defendant was:

• Not granted a fair trial,

• Not informed about the case, or

• Not properly represented in court,

then the Turkish court will reject the enforcement application on the grounds of a violation of due process.

What Happens After the Turkish Court Approves Enforcement?

Once a favorable judgment is obtained from a Turkish court, the decision can be executed in Turkey through Turkish Enforcement Offices. The enforcement decision then holds the same legal weight as any domestic court ruling in Turkey.

Finalization of the Enforcement Process

Foreign judgments can only be enforced after all appeal rights are exhausted. In Turkey, there are two high courts that review cases:

1. Regional Courts of Appeal (İstinaf)

2. Court of Cassation (Yargıtay)

If the judgment exceeds 10,000 USD, it will be reviewed by these two courts. The finalization process can take a minimum of three years.

Strategic Advice: Use Interim Measures

Due to the lengthy court process, we highly recommend that creditors:

• Deposit 15% of the debt amount to initiate enforcement, and

• Request an interim measure (precautionary attachment) on the debtor’s assets.

Why Are Interim Measures Important?

Interim injunctions help prevent debtors from transferring or hiding assets during the court process. Turkish courts may grant interim measures such as:

• Freezing the debtor’s bank accounts, or

• Seizing goods owned by the debtor’s company.

Since foreign judgments are prima facie proof of debt, it is generally easy to obtain interim measure decisions by submitting precedents from higher Turkish courts.

For more details on interim injunctions, please refer to our article:

Interim Injunctions In Turkish La