For a court judgment rendered in a foreign country to be applicable in Turkey, a Turkish court must first issue a recognition and enforcement decision. The production of legal effects and acceptance of foreign court judgments outside the country in which they were rendered are ensured through recognition and enforcement. Recognition and enforcement are distinct concepts. In this article, we will focus on the procedure through which a judgment rendered in a foreign country may be recognized and enforced in Turkey.
What Is Recognition?
In its simplest form, recognition is a court decision that enables the use in Turkey of foreign judgments that do not contain a performance order but only a declaratory ruling. As a result of the judgments for which recognition is sought, it is not expected that the state’s enforcement authorities will take action. Recognition refers to taking into account the res judicata effect of foreign judgments or court decisions independently from their enforceability. However, if an enforceable outcome is sought, the enforcement procedure must be initiated.
Recognition does not require enforcement, but enforcement requires recognition.
What Is Enforcement?
Enforcement refers to the acquisition of enforceability, in addition to the res judicata effect, of a foreign court judgment. In cases where the foreign judgment contains a performance order or requires the intervention of enforcement authorities—such as the execution of the judgment or the collection of a debt—it must first be enforced in Turkey.
If the intention is merely to have a foreign court judgment acknowledged in Turkey in a declaratory sense, it is sufficient to file a recognition action. For example, in a divorce judgment that also includes enforceable obligations such as alimony, custody, or compensation, it is necessary to file an enforcement action.
Why Are Recognition and Enforcement Necessary?
Due to the requirements of international trade or private life, parties may marry or engage in commercial relations in countries other than those of their nationality. In such cases, the competent court may not always be a Turkish court, or the parties may lack the necessary knowledge or means to conduct proceedings in Turkey, or the law may not permit it. Consequently, parties may assert their rights or defend themselves before foreign courts.
However, even if the case is heard by a foreign court, in order to collect or establish the right or benefit obtained through the judgment and to carry out the necessary procedures, the parties must apply to the authorities of the country where the assets are located or where they hold nationality or registration.
For instance, if an Italian court issues a compensation judgment in a commercial dispute and the losing party has no assets in Italy but owns assets in Turkey, enforcement proceedings in Turkey cannot be carried out unless the judgment is enforced by Turkish courts. Similarly, if a Turkish citizen is a party to a divorce judgment rendered by a German court, that person will continue to appear as married in Turkish civil records and will not be considered divorced in Turkey unless the judgment is recognized by Turkish authorities.
Conditions for Recognition and Enforcement
According to the International Private and Procedural Law Act, the following preliminary conditions must be met for a recognition or enforcement decision to be granted:
The existence of a judgment rendered by a foreign court,
The foreign court judgment must pertain to civil matters,
The judgment must be final and conclusive.
The other conditions required for the acceptance of a recognition or enforcement request are also regulated under the International Private and Procedural Law Act. These are as follows:
The existence of reciprocity between the country where the judgment was rendered and Turkey (in other words, there must be a treaty based on the principle of reciprocity between the Republic of Turkey and the state in which the judgment was rendered, or there must exist a statutory provision or de facto practice in that state allowing the enforcement of judgments rendered by Turkish courts. This condition is not required for recognition),
The judgment must not concern a matter that falls within the exclusive jurisdiction of Turkish courts, or, if the defendant objects, it must not have been rendered by a foreign court that assumed jurisdiction despite having no real connection with the subject matter or the parties,
The judgment must not be manifestly contrary to Turkish public policy,
The judgment must have been rendered in compliance with the defendant’s right of defense.
It should be emphasized that Turkish courts, in recognition and enforcement proceedings, may examine only whether the conditions prescribed by law for granting recognition or enforcement are met. They may not review whether the substantive or procedural rules have been correctly applied. This principle is referred to in legal doctrine as the “prohibition of revision.”
Documents Required for a Recognition and Enforcement Decision
The documents required for the recognition and enforcement of a foreign court judgment in Turkey are as follows:
The original copy of the court judgment bearing the official seal and wet signature,
The original copy of the sealed and wet-signed document certifying that the court judgment has become final,
An apostille annotation issued by the competent authority of the state in which the judgment was rendered (an apostille is a certificate that allows official documents, decisions, or records issued by authorities in one country to be used before the official authorities of another country. Each legal system designates a competent authority to issue apostilles for court judgments, which may differ from the authority that issues apostilles for notarial documents. Before initiating the procedure, you should verify which authority issues apostilles in your country and consult your attorney accordingly),
A notarized Turkish translation of the court judgment, the finalization certificate, and the apostille annotation,
Copies of the passport or identity card,
A power of attorney, if the process will be conducted through an attorney (see also: Guide to Issuing a Power of Attorney in Turkey for Foreigners).
Competent and Authorized Courts in Recognition and Enforcement Proceedings
The territorially competent court for filing a recognition or enforcement action is the court of the applicant’s place of residence in Turkey. If the applicant has no place of residence in Turkey, the action may be filed before the court of the applicant’s place of domicile. In the absence of both, the case may be brought before one of the courts in Ankara, Istanbul, or Izmir.
The court having subject-matter jurisdiction over recognition and enforcement proceedings is the Civil Court of First Instance (Asliye Hukuk Mahkemesi). However, in cases concerning foreign judgments related to family law, the competent courts are the Family Courts.
Effect of the Recognition and Enforcement Decision
Foreign judgments for which recognition and enforcement have been granted by a Turkish court are executed in the same manner as judgments rendered by Turkish courts. However, if legal remedies are pursued against the recognition or enforcement decision, enforcement proceedings are suspended.
The res judicata or conclusive evidentiary effect of a foreign judgment takes effect from the moment the foreign judgment becomes final.
Recognition and Enforcement of Turkish Court Judgments Abroad
When it becomes necessary to have a judgment rendered by a Turkish court recognized or enforced in another country, the documents listed above must first be obtained in Turkey. Accordingly, an application should be made to the registry of the court that issued the judgment to obtain an original copy bearing the wet signature and seal of the court, as well as an original copy of the finalization certificate bearing the wet signature and court seal. Afterwards, an application must be made to the commission at the courthouse responsible for apostille procedures to have these documents apostilled.
Once the apostille process is completed, these three documents must be translated into the language of the country where recognition and enforcement will be sought, notarized, and will then become eligible for use in the application.
