Foreign court decisions do not automatically have legal effect in Turkey. In order for such decisions—including those rendered by German courts—to be legally valid and enforceable, either a recognition (tanıma) or enforcement (tenfiz) procedure must be initiated before the Turkish courts. This article outlines the procedural framework under Turkish law for recognition and enforcement, with particular emphasis on reciprocity, as interpreted by Turkish courts, and German procedural law.

1. Competent Court for Recognition and Enforcement

According to Article 51 of the International Private and Procedural Law (IPPL) numbered 5718, the civil court of first instance (Asliye Hukuk Mahkemesi) has jurisdiction over recognition and enforcement lawsuits. However, if the subject matter concerns family law—such as divorce, custody, or alimony—the Family Court (Aile Mahkemesi) is the competent authority. This is explicitly stated in Article 4 of Law No. 4787, which governs the organization and jurisdiction of family courts.

2. Is Reciprocity Required for German Judgments?

Reciprocity is not required for recognition, particularly for family law judgments. For instance, a German divorce decree can be recognized in Turkey so long as it does not violate Turkish public order, fundamental rights, or exclusive jurisdiction rules (IPPL Art. 54). However, reciprocity is mandatory for enforcement, especially for pecuniary claims such as compensation or alimony payments.

3. Does Reciprocity Exist Between Turkey and Germany?

Although there is no bilateral treaty that specifically governs mutual recognition and enforcement between Turkey and Germany, de facto legal reciprocity is deemed to exist.

In a landmark decision (13th Civil Chamber of the Court of Cassation, 1990/4485 E., 1990/8676 K.), the court ruled:

“There is no bilateral treaty between Turkey and Germany regarding the mutual enforcement of court judgments. However, German law contains provisions for the recognition and enforcement of foreign decisions. Since no obstacles remain for the enforcement of Turkish decisions in Germany, legal reciprocity is deemed present.”

This interpretation is supported by the relevant provisions of German Civil Procedure Code (ZPO)—notably Articles 328(5) and 722—and Article 38 of the IPPL.

4. The 1929 Bilateral Agreement and Its Limitations

Turkey and Germany signed the “Agreement on Mutual Legal Assistance in Civil and Commercial Matters” in 1929. However, the 11th Civil Chamber of the Court of Cassation has interpreted this agreement narrowly, confirming in a 1974 decision that it pertains only to litigation costs and not to the full recognition or enforcement of judgments.

Therefore, relying solely on this treaty for the enforcement of German judgments would be insufficient.

5. Recognition of Turkish Divorce Judgments in Germany

The reciprocity works both ways. Turkish divorce judgments are recognized in Germany under the German Code of Civil Procedure (ZPO). German courts recognize these judgments upon compliance with procedural requirements, such as proper notification and the finality of the Turkish ruling.

This mutual recognition strengthens the argument that legal reciprocity exists between the two jurisdictions in practice.

6. Conclusion

It is legally possible to recognize and enforce German court decisions in Turkey. Key takeaways are:

• Recognition procedures (especially in family law) do not require reciprocity.

• Enforcement procedures (e.g., for financial judgments) do require reciprocity.

• Turkish courts, supported by Court of Cassation precedents, accept that Germany satisfies the reciprocity condition.

• German courts also recognize Turkish judgments, particularly in family law matters.

As such, parties wishing to give effect to a German judgment in Turkey should initiate a recognition or enforcement case before the relevant Turkish court, guided by the principle of legal reciprocity and procedural safeguards.