1. COUNTRY FINDER
1.1 Please set out the various regimes applicable to recognising and enforcing judgments in your jurisdiction and the names of the countries to which such special regimes apply.
| Applicable Law/Statutory Regime | Relevant Jurisdiction(s) | Corresponding Section Below |
| New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958. | All countries signatory to the Convention. | Section 3. |
| Convention on the Contract for the International Carriage of Goods by Road of 19 May 1956 ("CMR"). | All countries signatory to the Convention. | Section 3. |
| The Hague Convention on Civil Procedure of 1 March 1954. | All countries signatory to the Convention. | Section 3. |
| Convention on the Settlement of Investment Disputes Between States and Nationals of Other States of 18 March 1965 ("Washington Convention"). | All countries signatory to the Convention. | Section 3. |
| Convention on Jurisdiction, Applicable Law and Recognition of Decrees Relating to Adoptions. | All countries signatory to the Convention. | Section 3. |
2. GENERAL REGIME
2.1 Absent any applicable special regime, what is the legal framework under which a foreign judgment would be recognised and enforced in your jurisdiction?
The main legislation that regulates the enforcement and recognition of foreign judgments is the Code on the Private International and Procedural Law numbered 5718 ("PIL").
There are further legislations concerning specific areas.
2.2 What constitutes a 'judgment' capable of recognition and enforcement in your jurisdiction?
A judgment is a decision of the foreign court relating to civil matters and is final in accordance with the laws of that country.
No further right to appeal must be available for the case in the foreign courts.
2.3 What requirements (in form and substance) must a foreign judgment satisfy in order to be recognised and enforceable in your jurisdiction?
The enforcement and recognition of the foreign judgment and arbitral award could be done by the competent court if:
a) The subject of the foreign judgment is binding and final according to the law of the country where the decision was rendered.
b) The subject matter of the judgment is out of the scope of the Turkish courts' exclusive jurisdiction.
c) The decision does not contradict the Turkish public order.
As a general rule, the courts examine whether the above preconditions are met ex officio.
2.4 What (if any) connection to the jurisdiction is required for your courts to accept jurisdiction for recognition and enforcement of a foreign judgment?
A connection to the Turkish courts is not required for the Turkish courts to accept jurisdiction of a foreign judgment. Therefore, according to Turkish procedural law rules, a party who applies to the court should have an interest to obtain such decision.
Accordingly, even though a connection is not needed, the party that would obtain the recognition and enforcement of the foreign judgment should have an interest on the recognition or need to enforce the foreign judgment within the competence of the Turkish courts.
2.5 Is there a difference between recognition and enforcement of judgments? If so, what are the legal effects of recognition and enforcement respectively?
In the recognition of foreign judgments, a mutual agreement between the two concerned countries is not required. Whereas, with the enforcement of a foreign judgment, there must be an agreement, a legal provision, or a de facto application between Turkey and the concerned foreign country.
The routes for obtaining judicial recognition and enforcement are very similar. The recognition of a foreign judgment does not enable it to be enforced in the Turkish courts. It is merely an acknowledgment that it has the same power as a final judgment of the local courts and provides conclusive evidence and decision.
Once an enforcement of a foreign judgment decision has been obtained before the Turkish courts; it can be executed.
2.6 Briefly explain the procedure for recognising and enforcing a foreign judgment in your jurisdiction.
It is possible for a foreign judgment to be recognised and enforced as long as the requirements of PIL are satisfied.
Any real person or legal entity that has a right to enforce a legal action can file a request for the recognition and/or enforcement of the foreign judgment before the Turkish courts.
A petition is filed at the court and should include the following:
(a) the full names of all the parties, addresses and details of their legal representatives (if any);
(b) the name of the court which gave the decision along with the date, number and the summary of the judgment; and
(c) (even if only) part of a foreign judgment is to be enforced, that particular part must then be stated.
The enforcement petition must include the below which must be apostilled or certified by the Turkish Consulate in the country concerned:
(a) an approved judgment of the foreign court or the certified copy of the approved judgment along with the authorised translation of the judgment; and
(b) a letter confirming that it is a final judgment of the foreign court along with the authorised translation of it.
The petition must be served to the defendant along with the date of the hearing.
The claimant must make an application to the court at the domicile place of the defendant. If the defendant is a legal entity, the case should be filed at the registration place of the headquarters of the legal entity. If the defendant does not have a residence address in Turkey, the proceeding can be commenced in any district court in Istanbul, Ankara or Izmir.
Furthermore, a foreign claimant shall be obliged to submit a warranty before the court for obtaining a recognition and/or enforcement judgment. This amount is determined by the court and may be subject to exemptions due to a mutual agreement between Turkey and the concerned country.
If the specific regimes are applicable for the enforcement of foreign judgments, these rules must be followed.
2.7 On what grounds can recognition/enforcement of a judgment be challenged? When can such a challenge be made?
The defendant may challenge a foreign judgment on the basis that:
- the foreign judgment is rendered by the court as unrelated to the matter in dispute;
- the foreign judgment has already been wholly or partially executed; or
- there is a ground preventing the enforcement of the foreign judgment.
When a foreign judgment is before the Turkish court for the recognition and/or enforcement, the Turkish court may only review whether the necessary conditions of recognition and/or enforcement of a foreign judgment have been satisfied. In other words, it is not possible for the Turkish court to review the substance of the foreign judgment; to examine whether or not the foreign judgment has been given in accordance with the applicable jurisdiction.
A case will need to be brought to the court's attention within the time limit permitted by the country giving the judgment. The defendant can appeal the decision on the basis that the time limit has elapsed.
2.8 What, if any, is the relevant legal framework applicable to recognising and enforcing foreign judgments relating to specific subject matters?
In some instances, not all foreign judgments are required to be executed in the Turkish courts. For example, those relating to divorce proceedings, annulment of marriage or denial of a child by the parent only require recognition by the Turkish courts to have a legal effect under Turkish law.
In some instances, for a judgment or an official document to have a legal effect, they must satisfy the requirements of recognition and enforcement in the Turkish courts. This is applicable to any foreign judgment relating to the adoption of a child.
If a judgment has been given by an international court such as the International Court of Justice under PIL, these judgments cannot be recognised or enforced in the Turkish courts.
2.9 What is your court's approach to recognition and enforcement of a foreign judgment when there is: (a) a conflicting local judgment between the parties relating to the same issue; or (b) local proceedings pending between the parties?
(a) As a condition for bringing all kinds of proceedings whether regarding a foreign judgment or not before the Turkish courts; there should not be a previous binding judgment between the parties on the same issue.
(b) A foreign judgment cannot be recognised or enforced if there is a local pending proceeding between the parties on the same issue.
2.10 What is your court's approach to recognition and enforcement of a foreign judgment when there is a conflicting local law or prior judgment on the same or a similar issue, but between different parties?
PIL does not regulate the enforcement of foreign judgments when there is a conflicting local law or prior judgment of the same issue.
However, the existence of a prior judgment or conflicting local law may be a motif for the court on the recognition and/or enforcement of foreign judgments on the basis of public order.
2.11 What is your court's approach to recognition and enforcement of a foreign judgment that purports to apply the law of your country?
One of the preconditions of the recognition and/or enforcement of a foreign judgment is that the subject matter of the judgment is out of the scope of the Turkish courts' exclusive jurisdiction.
Therefore, if the subject matter of the foreign judgment purports the application of Turkish law; the Turkish court would not give a recognition and/or enforcement decision on the judgment.
2.12 Are there any differences in the rules and procedure of recognition and enforcement between the various states/regions/provinces in your country? Please explain.
The law relating to enforcement and recognition of foreign judgments does not vary between different regions in Turkey.
2.13 What is the relevant limitation period to recognise and enforce a foreign judgment?
There is no specific limitation period for the enforcement of foreign judgments under Turkish legislation. However, according to Article 8 of PIL, the limitation period should be subjected to the applicable law of the legal transaction and/or relation.
Click here to continue reading the Guide in full.
Originally published by International Comparative Legal Guide to Enforcement of Foreign Judgements - Turkey.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
