KÜHEYLAN HUKUK
How is a Foreign Court Decision Valid in Türkiye? Conditions and Process of Recognition and Enforcement Case Law No. 5718 on Private International Law and Procedural Law Art. 50, Art. 51, Art. 52, Art. 53, Art. 54, Art. 58, Art. 59 has been prepared based on the legislation in force as of 2026 and official sources dated October 2026.
The enforcement of judgments issued by foreign courts regarding civil cases and finalized in accordance with the laws of that state in Türkiye depends on the enforcement decision of the competent Turkish court (MÖHUK article 50). Accepting the decision as definitive evidence or final judgment is possible with the recognition decision (Art. 58). A foreign decision can be presented as a document with apostille and translation; However, this process does not replace enforcement or recognition.
What is the Difference Between Recognition and Enforcement?
Enforcement ensures that a foreign court decision can be forcibly enforced in Türkiye. For example, if a decision made in favor of a receivable abroad is to be enforced by seizing the bank account in Türkiye, enforcement is required. Recognition ensures that the decision is accepted as conclusive evidence or final judgment in Türkiye. Recognition comes to the fore in decisions that do not require execution, such as divorce, marriage or custody. The same procedure applies if an administrative action is to be taken in Türkiye based on a foreign court decision (Art. 58/3).
An important difference arises in the condition of reciprocity. The law counts reciprocity among the enforcement conditions (Art. 54/1-a). However, this clause does not apply to recognition (Art. 58/1). For this reason, a request for recognition may provide wider opportunities than enforcement in some respects.
What are the Enforcement Conditions?
In accordance with MÖHUK article 54/1, the competent court gives the enforcement decision under the following conditions:
There is an agreement, legal provision or actual practice based on reciprocity between Türkiye and the state where the decision was given.
The decision was given on a matter that does not fall within the exclusive jurisdiction of Turkish courts. If the defendant objects, a court that has no real connection with the dispute or the parties does not grant jurisdiction.
The provision is not clearly contrary to public order.
The person against whom enforcement is sought must have been summoned or represented in court in accordance with the laws of that place. If the decision is made in absentia without these being done, the relevant person can object at the enforcement stage.
Public order is the frequently discussed topic. The decision is evaluated according to the content of the file and the result cannot be predicted with certainty.
The court in charge of enforcement decisions is the court of first instance (Art. 51/1). Enforcement is granted by the court of the place of residence in Türkiye of the person against whom enforcement is sought, or the place where he/she resides; If there is no place of residence or residence in Türkiye, it may be requested from one of the courts of Ankara, Istanbul or Izmir (Art. 51/2).
Anyone who has a legal interest in enforcement may request it through a petition (Art. 52). The petition includes party information, the court that made the decision, the date and number of the decision, and a summary of the decision. If enforcement is requested for only a part of the judgment, this part is shown.
What Documents Are Required?
The original of the judgment, duly approved by the authorities of that country, or a copy and its approved translation, approved by the judicial body that issued the judgment. A letter or document duly approved by the authorities of that country and its approved translation, showing that the decision has become final.
For foreign documents, apostille or consulate approval and sworn translation method are applied. The enforcement of a judgment lacking a finalization annotation in Türkiye may take longer than expected.
When Does the Decision Become a Verdict?
The final judgment or conclusive evidence effect of a foreign decision takes effect from the moment the foreign court decision becomes final (Art. 59). In other words, making a recognition or enforcement decision depends on the effect of the decision at the moment of finalization.
competent court The other party's place of residence or residence; otherwise Ankara, Istanbul or Izmir (art.51/2)
Documents to attach Approved decision and its translation; finalization certificate and its translation (article 53)
Event Summary Form: Fictional example: A foreign company, which received a decision in favor of the receivable from a court abroad, wants to seize the debtor's bank accounts in Türkiye. Even though the decision has been finalized, it cannot be directly enforced in Türkiye. Process: The lawyer examines the status of reciprocity, the finalization document of the decision and whether the debtor has been summoned properly. Incomplete apostille and translation procedures are completed, and the enforcement petition is prepared for the court of the debtor's place of residence. Result: If the court determines that the conditions are met, the decision becomes enforceable with an enforcement decision. Public order or improper summons objections may affect the outcome. For this reason, the file must be established solidly from the beginning.
Is a foreign court decision directly implemented in Türkiye?
No. In order for the finalized foreign judgment regarding civil cases to be enforced in Türkiye, the competent Turkish court must issue an enforcement decision (Art. 50).
Are recognition and enforcement the same thing?
No. Enforcement ensures execution, and recognition ensures the acceptance of the decision as definitive evidence or final judgment. Reciprocity is not required for recognition (Art. 58/1).
In which court is the enforcement case filed?
It is filed in the court of first instance. Authority is determined according to the other party's place of residence or residence in Türkiye. If these are not available, one of the courts of Ankara, Istanbul or Izmir is competent.
Does apostille replace enforcement?
No. Apostille only ensures the verification of the document in terms of signature and seal. Recognition or enforcement is required for the decision to gain validity in Türkiye.
If the decision is not finalized, can enforcement be requested?
The law refers to decisions finalized according to foreign state laws. The finalization certificate is also added to the petition (Art. 53/1-b).
Does the objection against public order change the outcome?
The law requires that the provision not be clearly contrary to public order (Art. 54/1-c). If a violation is detected, an enforcement decision may not be given. Evaluation is made according to the file.
Thinking that additional enforcement is not required in Türkiye after apostilling the foreign decision.
Not attaching the finalization document to the petition.
Not having the approved translation of the decision done by a sworn translator.
Requesting enforcement in the wrong court.
Leaving the reciprocity situation unprepared.
A foreign court decision may demonstrate a strong vested interest, but requires separate judicial approval for validity in Türkiye. Examining the completeness of the documents and the enforcement conditions from the beginning are the most important steps that accelerate the process. Küheylan Law Firm provides legal support in the preparation of cases for the recognition and enforcement of foreign court decisions in Türkiye, in the completion of the document chain and in the defense strategy against opposing party objections.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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