In recognition and enforcement cases in Turkey, the competent court is generally the civil court of first instance, as established in Article 51 of the Private International Law and International Civil Procedure Law (MÖHUK). However, in cases concerning family law, Article 4 of Law No. 4787 assigns jurisdiction to family courts.

A key legal foundation between Turkey and Bulgaria is the Treaty on Legal and Judicial Assistance in Civil and Criminal Matters, signed in Ankara on 2 September 1975. This treaty governs mutual judicial assistance, the recognition and enforcement of foreign court judgments, exemption from security, and criminal extradition.

Are Bulgarian Plaintiffs Required to Post Security in Turkey?

According to Article 2 of the treaty, Bulgarian nationals who file or participate in legal proceedings in Turkey are exempt from providing security—regardless of their residence status in Turkey. This provision ensures equal treatment in terms of litigation costs and access to justice.

Additionally, Article 90 of the Turkish Constitution allows international agreements to have direct effect in domestic law, strengthening the enforceability of such exemptions. MÖHUK Article 48/2 also supports security exemption based on the principle of reciprocity, which exists between Turkey and Bulgaria.

Enforcement of Cost and Security Judgments

Article 2 Paragraphs 2 and 3 of the treaty also allow the direct enforcement of court decisions regarding litigation expenses and securities, without requiring a new lawsuit. The finality of the decision can be confirmed through a declaration by the competent Bulgarian authority, validated by its Ministry of Justice.

Furthermore, as Bulgaria is a party to the New York Convention, the recognition and enforcement of foreign arbitral awards from Bulgarian arbitration bodies is also possible under Turkish law.

In conclusion, Bulgarian citizens benefit from a strong legal framework in Turkey for the recognition and enforcement of judicial decisions, without the burden of security payments, thanks to the bilateral treaty and the reciprocity principle. However, it is important to note that all other legal conditions under Turkish law must also be fulfilled for successful enforcement.