High Court 11st Council of Law Case number: 2007/1335 decision number: 2007/3808
Decision date: 02.03.2007 Subject : Enforcement of Foreign Judgment, this decision of high court states that there is reciprocity between UK and Turkey. Accordingly, this high court decision confirms in case of a UK judgement will come to an issue, Turkish Court is obliged to follow the high court decision. Thus, enforcement of an UK judgment based on this high court decision is possible. Ofcourse every decision obtained from UK has its own specific conditions. Due to this reason, Turkish First instance court will examine other conditions satify criterias of Turkish Law or not. But as can be understood from the high court decision which is in favor of enforcement of UK judgments, general rule became like acceptence of the cases based on UK judgments. Despite of this general opinon stemming from the high court decision, there are other conditions that UK applicants must also consider in Turkish international private law of artice 38:
- a) The presence of an agreement, which rests on the principle of reciprocity, between the Turkish Republic and the State where the judgment has been rendered, or a provision of law or an application de facto enabling the execution in that state of judgments rendered by the Turkish courts,
- b) The judgment shall have been rendered on a subject, which does not come under the exclusive jurisdiction of the Turkish courts,
- c) The judgment shall not have been expressly contrary to the public policy,
- d) Pursuant to the laws of that place, the person against whom execution is requested shall have not been duly cited to the court that rendered the judgment or represented before that court, or a judgment by default shall have been rendered as contrary to these laws and this person shall have not objected to the Turkish court against the request for execution through basing on one of the matters above,
- e) The law, which is authorized in accordance with the Turkish rules of conflict of laws,shall have not been applied in the foreign judgment concerning the civil status of the Turks and the defendant, who is a Turkish citizen, shall have not objected in this respect against the execution.
Under these conditions, it is noteworthy to stress that reciprocity matter with UK does not constitute any problem any more due to Turkish High Court Decision. In regards to relevant high court decision, Turkish Justice Ministry of International General Directorate opinion about reciprocity with UK is positive. Other conditions such as public security policy is totally different subject which requires to be examined in different article with Turkish High Court Decisions concerned. For instance, UK court decrees which is given concerning with real estates in Turkey will constitute violation of Turkish Public Security Policy. The examples can be expanded with more specific cases uniquely related with content of the case matter.
As a summary, UK legal entities’ or citizens has big chances to enforce their judgments given against a Turkish Citizen or a company. Note that, there is also “caution judicatum solvi” principle stemming from Turkish Law for foreigners. It means foreigners are subjected to remit security deposit which amounts to 15 percent disputed amount of the case for starting court procedure. On the other hand, based on UK – Turkey Judicial Assistance agreement entered into force in 1933, UK nationals and Uk companies are exempted from this requirement.