Recognition & Enforcement of Foreign Judgments in Turkey: A Practical, Step-by-Step Guide

Foreigners who win a lawsuit abroad often need that judgment to have legal effect in Turkey—whether to collect money, update civil status (e.g., divorce), or rely on findings in another Turkish proceeding. Below is a clear, practical roadmap that focuses on what you actually need to do and watch for.

1) First check: Do you need recognition or enforcement?

• Recognition gives the foreign judgment legal effect in Turkey (often used for status decisions like divorce).

• Enforcement (exequatur) lets you execute the judgment in Turkey (e.g., to collect a debt).
  The Turkish court does not re-try your case on the merits (the “revision ban”). It only checks the legal conditions for recognition/enforcement and may consider evidence limited to those conditions.

2) Prepare these documents before filing

Attach the following to your application (with certified Turkish translations):

• An authenticated original or certified copy of the foreign judgment and its certified translation.

• A certificate of finality (or equivalent) and its certified translation.
  These must be filed with (and served alongside) the petition.

Tip: Make sure legalization is correct (e.g., Apostille/consular) and names/identifiers match across all documents to avoid delays.

3) Where and how the case proceeds

• The court serves your petition together with a hearing date; exequatur cases are heard under the simple (expedited) procedure, so submit all evidence with the initial filings.

• The respondent can object up to the hearing date, arguing the conditions are not met or that the judgment has already been satisfied (fully or in part).

4) What conditions will the Turkish court check?

Under Turkish conflict-of-laws rules, courts examine (among others):

• That the matter is civil/commercial and the foreign judgment is final.

• Reciprocity (in practice assessed by court and, where needed, with input from the Ministry of Justice).

• No exclusive Turkish jurisdiction is infringed.

• No public policy violation.

• Due process: the respondent had proper notice and a fair chance to defend.
  Courts may consider evidence limited to these conditions—this does not violate the no-re-trial rule.

5) Common pitfalls (and how to avoid them)

• Notice/Defense rights: If the foreign judgment suggests the defendant was in default or address was unknown, be ready to prove they still received proper notice or had a real chance to defend. Otherwise, expect objections.

• Reciprocity: Be prepared to show that your home country enforces Turkish judgments (decisions/statutes can help); courts also seek official verification as needed.

• Exclusive jurisdiction: Some matters (e.g., certain rights in rem over Turkish immovables) are reserved to Turkish courts; check this early. The court’s assessment follows Turkish law’s classification rules.

• Public policy: Examples include serious due-process defects or outcomes that severely offend core legal principles; you can (and should) prove such issues with any appropriate evidence.

• “Only the judgment counts?” Some case law suggests sticking strictly to the foreign judgment text, but robust doctrine/practice allows evidence limited to the enforcement conditions (e.g., proof of proper service, partial payment, connection to forum).

6) Fees to expect (monetary awards)

If the foreign judgment orders payment, proportional court fees in Turkey may apply based on the awarded amount (even if you already paid fees abroad). Plan for this in your budget.

7) Practical filing checklist (for clients & counsel)

1. Collect & legalize: certified copy of judgment + finality certificate; obtain certified Turkish translations.

2. Front-load evidence: attach all proof relevant to recognition/enforcement conditions (service records, reciprocity materials, proof of partial/full satisfaction).

3. File & serve: petition is served with the hearing date; expect the simple procedure and one or few concise hearings.

4. Be ready for objections: prepare targeted rebuttals on due process, jurisdiction, public policy, reciprocity, or satisfaction.

5. After exequatur (for money judgments): proceed with execution against assets in Turkey via the enforcement office (icra dairesi).