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Recognition procedure in Turkey

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Recognition and enforcement of foreign judgments in turkey

Recognising and enforcing foreign judgments in Turkey is a complex legal procedure that involves several steps and requirements. This process is especially relevant for people who want to enforce a foreign judgment in Turkey, for instance after a divorce or when collecting debts. The main aspects of this procedure are explained below.

Legal bases for recognition and enforcement

The recognition and enforcement of foreign judgments in Turkey are regulated by the Turkish Private International Law and International Procedure Law (IPPL). Under this law, foreign civil judgments can be recognised and enforced provided certain conditions are met. The first requirement is that the foreign judgment is final under the laws of the country where it was pronounced. Moreover, the verdict must not violate Turkish public order.

Requirements for recognition and enforcement

To have a foreign judgment recognised and enforced in Turkey, a petition must be filed with the competent court. The petition must contain, among other things, the names and addresses of the parties involved, as well as a certified copy of the foreign judgment and a translation thereof into Turkish. The judgment must also meet the requirements of reciprocity; that is, the country of origin of the judgment would also recognise Turkish judgments.

Procedure for recognition

The procedure starts with filing the application for recognition with the competent civil court of first instance, often in the place where the opposing party lives or is based. If there is no clear domicile or establishment address, the case can be filed in cities such as Ankara, Istanbul or Izmir. The court will then assess whether the judgment meets Turkish requirements. If the judgment violates Turkish public order or if the party's rights of defence have been violated, recognition may be refused.

Recognition of divorce judgements

When a divorce is pronounced abroad, it must be recognised by a Turkish court to be legally valid in Turkey. This is essential for registering the divorce in the Turkish population register.

Recognition of Debt Receivables

If there is a foreign court judgment on a debt, the creditor can have it recognised and then enforced in Turkey, provided the legal requirements are met.

Recognition of judgments concerning property

For judgments involving property rights, particularly real estate, these are often subject to the exclusive jurisdiction of Turkish courts. This means that a foreign judgment on property may not be recognised in Turkey.

Importance of legal help

The process of recognising and enforcing foreign judgments in Turkey requires accurate legal knowledge and a careful approach. By working with a specialised lawyer in Turkey, stakeholders can ensure that their rights are protected and that the foreign judgment is properly recognised and enforced according to Turkish law.

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For a foreign judgment to be recognised in Turkey, several conditions must be met. The verdict must be final in the country where it was pronounced and must not violate Turkish public order. In addition, there must be reciprocity between Turkey and the judgment's country of origin, meaning that both countries recognise and enforce each other's court judgments. Furthermore, the court must also check that the judgment does not concern matters exclusively under Turkish jurisdiction, such as real estate in Turkey.

The procedure for enforcement begins by filing a petition with the competent Turkish court, often the court of first instance. This application must be supported by the original judgment or a certified copy, together with a translation into Turkish. The court will then assess whether all legal requirements have been met. If the request is approved, the enforcement of the judgment can take place, meaning that the judgment will be treated in the same way as a domestic judgment.

If a foreign judgment violates Turkish public order, its recognition and enforcement may be refused. The court will examine the sentence to determine whether it violates fundamental principles of Turkish law, such as fundamental rights and freedoms. Only in explicit cases of conflict can the court decide to refuse enforcement. In some cases, however, only part of the sentence can be recognised if the remaining part does not violate public order.

Not all types of foreign judgments are eligible for recognition and enforcement in Turkey. For example, judgments that relate to matters exclusively under Turkish jurisdiction, such as property ownership, are not recognised. In addition, judgments must come from judicial authorities; decisions by other authorities will not be recognised. The nature of the judgment must also fit within Turkish legal frameworks to be eligible for enforcement

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