Recognition and Enforcement of Foreign Judgments in Turkey

09 Ekim 2026 · Av. Sinan Cem GÖDE

This is the English version of an article originally published in Turkish: Tanıma ve Tenfiz Davası Nedir?.

A judgment given by a foreign court does not automatically produce legal effects in Turkey. Turkish law subjects foreign decisions to a review procedure, carried out through an action for recognition (tanıma) or enforcement (tenfiz). The procedure follows strict rules, and incomplete applications are frequently rejected. This article explains how the process works for individuals and companies holding a foreign judgment that they wish to rely on in Turkey.

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Recognition and enforcement: the difference

The two concepts are related but distinct. Recognition gives the foreign judgment the effect of conclusive evidence and res judicata in Turkey. Enforcement goes further: it makes the judgment executable, so that it can be carried out with the coercive power of the state.

A foreign divorce decision, for example, requires recognition so that the change of civil status takes effect in Turkey. Claims for maintenance or compensation awarded in the same decision, however, must be enforced if they are to be collected. Applicants should frame their request with this distinction in mind, as the court’s review depends on what is being sought.

The legal basis is Act No. 5718 on Private International and Procedural Law (“MÖHUK”). Article 50 provides that judgments of foreign courts in civil matters which have become final under the law of the state concerned may be executed in Turkey only if the competent Turkish court grants an enforcement decision.

Conditions

Turkish courts do not accept foreign judgments unconditionally. The main conditions examined are the following.

A civil judgment that has become final

The decision must concern a civil matter and must have become final in the country where it was given. A judgment that is not yet final has no effect in Turkey. The applicant must therefore provide official confirmation of finality issued by the foreign court or authority.

Reciprocity for enforcement

For enforcement, the court examines reciprocity. This is satisfied by a treaty between Turkey and the state that gave the judgment or, in the absence of a treaty, by a statutory provision or de facto practice in that state allowing the enforcement of Turkish judgments.

Right of defence

The foreign proceedings must not have violated the defendant’s right of defence. The defendant must have been duly summoned and given the opportunity to defend themselves. Where the Turkish judge finds such a violation and the defendant objects on this ground, the request will be refused.

Public order

The judgment must not be manifestly contrary to Turkish public order. The judge takes this into account of their own motion. Decisions that conflict with the fundamental principles of Turkish law will not be recognised or enforced.

Which court is competent?

Subject-matter jurisdiction depends on the nature of the judgment. Decisions concerning family law, such as divorce, custody and maintenance, are heard by the family court (aile mahkemesi). Commercial disputes go to the commercial court of first instance (asliye ticaret mahkemesi). Territorial jurisdiction usually lies with the court of the defendant’s domicile in Turkey or, failing that, the place where the defendant resides.

Documents required

• the original foreign judgment, or a copy certified by the foreign court;
• an official document or annotation showing that the judgment has become final;
• an apostille on these documents (for countries party to the Hague Apostille Convention), obtained from the competent authority in the country that issued the judgment;
• sworn translations of all documents into Turkish, certified by a notary.

Translations must render legal terminology accurately, since mistranslation can lead the court to misread the foreign judgment. If documents are missing, the court sets a final deadline for completing them. If the deficiency is not remedied in time, the case is dismissed on procedural grounds.

How the proceedings run

Recognition of foreign divorce decisions

Recognition only confirms an existing legal situation, so these cases are generally shorter. Foreign divorce decisions can in many cases be registered in the Turkish civil registry through an administrative application to the population directorate, without going to court. If the administrative application is refused, a recognition action must be filed.

Enforcement actions

An enforcement action involves full adversarial proceedings. The defendant is served, files a response and may raise the objections permitted by law, typically that the right of defence was violated or that the judgment is not final. The Turkish judge does not review the merits of the foreign judgment; the court only examines whether the statutory conditions for enforcement are met.

Service of process is often the longest stage. Serving a defendant who lives abroad can take months: the documents are sent through the Ministry of Justice to the foreign authorities, who serve them at the defendant’s address. If the address is unknown, service by public notice may be used. Applicants should pay service costs promptly and follow the file closely.

Partial enforcement

A foreign judgment may be enforced in part. The applicant may request enforcement of only a specific part, and the judge may refuse the part that does not meet the conditions. For example, a compensation award may be refused on public order grounds while the remainder of the decision is enforced.

Appeals

The first instance decision can be appealed to the regional court of appeal (istinaf), which reviews it on procedure and substance, and in appropriate cases further to the Court of Cassation (Yargıtay). Appeals naturally delay finality, and in some files execution cannot fully begin until remedies are exhausted.

After the enforcement decision

Once enforcement is granted, the creditor can start execution proceedings at the enforcement office. The debtor receives a payment or execution order. If the debt is not paid, the debtor’s assets, including bank accounts and registered vehicles, can be attached and sold. This is how the foreign judgment produces practical results in Turkey, including for cross-border commercial claims between companies.

Frequently asked questions

Must a foreign divorce be recognised in Turkey?

Yes. For a person divorced abroad to be treated as divorced in Turkey and to be able to remarry there, the foreign decision must be recognised in Turkey.

Do I need to travel to Turkey?

No. The process can be conducted by a lawyer in Turkey acting under a power of attorney.

How does a foreign custody decision become effective in Turkey?

Decisions requiring execution, such as custody and maintenance orders, need an enforcement decision, not only recognition.

Will every foreign judgment be enforced?

No. If the judgment is contrary to Turkish public order, is not final or was given in violation of the right of defence, the request will be refused.

More information for foreign clients: English-speaking lawyer in Ankara.

This article provides general information on Turkish law and is not legal advice. Outcomes depend on the facts of each case.