Erdal Nuhbasa – Law and Consulting Firm – Legal Services
Erdal Nuhbasa – Law and Consulting Firm – Legal Services
The recognition of foreign court judgments in Turkey is governed by the Turkish International Private and Procedural Law No. 5718 (IPPL). Recognition refers to the acceptance of a foreign court judgment’s legal effect in Turkey without requiring its enforcement. It is commonly sought in matters such as divorce, child custody, inheritance, and personal status.
For a foreign judgment to be recognized, it must be final and binding under the laws of the country where it was issued. Turkish courts also examine whether the judgment violates Turkish public policy, whether the defendant’s right to a fair trial was respected, and whether the matter falls within the exclusive jurisdiction of Turkish courts.
Recognition is the legal process through which a foreign court judgment is acknowledged by Turkish courts. A judgment issued abroad does not automatically produce legal effects in Turkey. Recognition allows Turkish authorities to accept the legal status established by a foreign judgment without re-examining the merits of the original case.
A foreign judgment may be recognized in Turkey if the legal conditions set out under Law No. 5718 are satisfied. For recognition the judgment must:
Turkish courts do not reconsider the facts or legal reasoning of the foreign court. Their review is limited to these statutory requirements.
Turkish courts may recognize a wide range of foreign civil judgments, including:
Recognition and enforcement are separate legal concepts under Turkish law.
Recognition confirms the legal validity of a foreign judgment in Turkey where no compulsory execution is required. It is commonly used for divorce judgments, declarations of parentage, adoption decisions, and other judgments concerning personal status.
Enforcement, on the other hand, is required where the judgment contains obligations that must be executed in Turkey, such as the payment of alimony, compensation, or other monetary awards.
Determining whether recognition alone is sufficient or enforcement is also required depends on the nature of the foreign judgment.
Foreign divorce judgments are among the most frequently recognized foreign court decisions in Turkey.
Recognition allows the divorce to be recorded in Turkish civil registry records and ensures that the parties’ marital status is correctly reflected under Turkish law.
Where the foreign judgment also contains enforceable obligations, such as alimony or compensation, separate enforcement proceedings may also be necessary.
Under Turkish law, applications for the recognition and enforcement of foreign court judgments are generally filed before the Civil Court of First Instance (Asliye Hukuk Mahkemesi).
According to the Turkish International Private and Procedural Law No. 5718, the competent court is determined primarily based on the defendant’s place of residence in Turkey. If the defendant does not reside in Turkey, the application may be filed before the court of the applicant’s place of residence in Turkey. If neither party resides in Turkey, the applicant may apply to a court in Istanbul, Ankara, or Izmir.
Recognition proceedings begin with the filing of a petition before the competent Turkish court together with the required documents.
The court examines whether the statutory conditions for recognition have been satisfied. Unlike an ordinary civil action, the court does not retry the dispute or reassess the evidence considered by the foreign court. If the legal requirements are met, the foreign judgment is recognized and becomes legally effective in Turkey.
The duration of recognition and enforcement proceedings in Turkey may vary depending on the complexity of the case, the court’s workload, and whether the foreign judgment meets all legal requirements. Generally, the process may take between 6 months and 1 year.
If the documents are complete, the judgment is final, and there are no objections from the opposing party, the process can be completed more quickly. However, appeals, missing documents, or procedural disputes may extend the timeline.
No. In most cases, a foreign divorce judgment must be recognized before it produces legal effects in Turkey.
Only after the foreign divorce has been recognized or otherwise registered under the applicable legal procedure.
No. Judgments that merely determine legal status often require recognition only, while judgments imposing financial obligations generally require enforcement.
Yes. Recognition proceedings are commonly conducted through a Turkish attorney acting under a notarized and duly legalized power of attorney.
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