The recognition and enforcement of Polish court decisions in Turkey is governed by both domestic law and an international bilateral treaty. According to Article 51 of the Private International Law and International Civil Procedure Law (MÖHUK), the civil court of first instance has jurisdiction over recognition and enforcement cases. However, if the foreign judgment concerns family law, Article 4 of Law No. 4787 stipulates that the family court shall be the competent court.

Bilateral Agreement Between Poland and Turkey

The “Agreement on Judicial Assistance in Legal and Commercial Matters” between the Republic of Turkey and the People’s Republic of Poland was ratified on January 18, 1990, and entered into force on April 12, 1991. This treaty regulates:

• Judicial assistance in civil and commercial matters

• Recognition and enforcement of foreign judgments

• Exemption from providing security (judicatum solvi)

Judicial Assistance (Article 4)

The agreement provides for mutual legal cooperation, including actions such as:

• Serving documents

• Conducting inspections

• Hearing parties, witnesses, and experts

Can Polish Plaintiffs Be Asked to Provide Security in Turkey?

No, Polish nationals are not required to provide security or court fees when initiating legal action in Turkey, as per Article 14 of the agreement:

“Nationals of either Contracting Party residing or temporarily staying in the territory of the other Contracting Party, and who apply to the courts of the other Contracting Party, shall not be required to provide security solely because they are foreign nationals or do not have their residence or domicile in the territory of that Party.”

This provision applies to lawsuits, enforcement procedures, and all legal interventions.

In addition:

• Article 90 of the Turkish Constitution allows international treaties to be directly applicable within domestic law.

• Article 48/2 of MÖHUK also allows courts to grant security exemption based on reciprocity, which is confirmed by this agreement.

Recognition and Enforcement of Polish Judgments in Turkey

Article 19 of the agreement outlines the scope of recognition and enforcement:

“Each Contracting Party shall recognize and permit the enforcement of the following decisions rendered in the other Contracting Party’s country, under the conditions stipulated in this Agreement:

1. Judicial decisions in legal and commercial matters,

2. Judicial decisions in criminal matters related to compensation for damages,

3. Decisions rendered by arbitral tribunals in legal and commercial matters.”

Thus, Polish judgments, Polish decrees, and arbitral awards can be recognized and enforced in Turkey, provided other legal requirements under Turkish law are also satisfied.

Other Legal Conditions for Recognition in Turkey

In addition to reciprocity, Turkish law requires that:

• The foreign decision must be final and binding.

• It must be rendered by a competent authority.

• The parties must have had the right to be heard and to a fair trial.

• The decision must not contradict Turkish public order.

Conclusion

The recognition and enforcement of Polish court decisions in Turkey are facilitated by the 1990 bilateral agreement and the principle of reciprocity. Polish nationals can:

• File lawsuits or start enforcement proceedings without providing security,

• Request recognition of court judgments or arbitral awards,

• Rely on the treaty provisions for judicial cooperation in civil and commercial matters.

Legal practitioners dealing with cross-border litigation between Turkey and Poland can benefit from this structured legal framework.