How Can Foreigners Enforce Foreign Court Judgments in Turkey? 2026 Legal Guide

Enforcement of Foreign Court Judgments in Turkey | 2026 Guide

Learn how foreigners can enforce foreign court judgments in Turkey through recognition and enforcement proceedings, including required documents, reciprocity, finality, public policy, service, appeals, and execution.

A judgment issued by a foreign court does not normally become directly enforceable in Turkey merely because it is final in the country where it was delivered.

A foreign individual or company wishing to use that judgment against a person, business, bank account, property, or other asset located in Turkey will usually need to obtain an enforcement decision, known in Turkish law as tenfiz.

The principal rules governing recognition and enforcement are contained in Law No. 5718 on Private International Law and International Civil Procedure. Turkish legislation distinguishes between recognition, which gives a foreign judgment legal effect, and enforcement, which allows compulsory execution through Turkish authorities.

What Is the Difference Between Recognition and Enforcement?

Recognition and enforcement serve different purposes.

Recognition

Recognition, known as tanıma, allows a foreign judgment to produce legal effects in Turkey.

Recognition may be sufficient where the applicant wants to:

• Prove that a legal relationship has ended
• Rely on the judgment as conclusive evidence
• Prevent the same dispute from being heard again
• Update certain legal or civil-status records
• Establish the existence of a right determined abroad

Enforcement

Enforcement, known as tenfiz, is required where the judgment orders another party to:

• Pay money
• Deliver property
• Perform an obligation
• Refrain from an act
• Comply with an enforceable civil order

After an enforcement decision becomes final, the creditor may generally initiate compulsory execution in Turkey.

Which Foreign Judgments Can Be Enforced?

A foreign judgment must generally have been issued by a foreign court in relation to a civil-law matter.

Commercial judgments may also qualify. In some circumstances, civil compensation awarded within criminal proceedings may be considered separately.

The judgment must normally:

• Originate from a judicial authority
• Concern a civil or commercial matter
• Be final and enforceable in the issuing country
• Meet the statutory enforcement conditions
• Not conflict with Turkish public policy
• Respect the defendant’s right to be heard

Administrative, criminal, tax, and public-law decisions may not be enforceable through the same procedure.

Is Reciprocity Required?

One of the important enforcement conditions is reciprocity between Turkey and the country where the judgment was issued.

Reciprocity may arise through:

• An international agreement
• A statutory rule in the foreign country
• Established practice showing that Turkish judgments are enforced there

Reciprocity does not always require a bilateral treaty. Turkish courts may also examine whether factual or legal reciprocity exists.

Turkey has concluded specific judicial cooperation and judgment-enforcement agreements with certain countries. The Ministry of Justice publishes information concerning applicable bilateral and multilateral agreements.

Must the Foreign Judgment Be Final?

Yes. The applicant must generally demonstrate that the judgment is final under the law of the issuing country.

A judgment that remains subject to ordinary appeal or has not yet acquired enforceable status may be rejected.

The applicant should usually obtain:

• A certified copy of the judgment
• A finality certificate
• An enforceability certificate, where separate
• Documentation showing proper service
• Apostille or consular legalization, where required
• A certified Turkish translation

A foreign judgment must generally possess enforceable legal effect in its country of origin before it can be enforced in Turkey.

What Documents Are Required?

An enforcement application commonly includes:

• A petition requesting recognition or enforcement
• The original or certified copy of the foreign judgment
• A document proving that the judgment is final
• Proof of service on the opposing party
• Apostille certification, where applicable
• Consular legalization where apostille rules do not apply
• Certified Turkish translations
• A power of attorney for the Turkish lawyer
• Identity or company documents
• Information concerning the defendant’s Turkish address or assets

The exact documents depend on the issuing country, applicable treaty, and nature of the judgment.

Is an Apostille Required?

An apostille is commonly used to authenticate foreign public documents, including court documents, between states that are parties to the Hague Apostille Convention.

The Apostille Convention applies to public documents issued in one contracting state and submitted in another contracting state.

An apostille confirms the authenticity of the signature, capacity of the signatory, and seal or stamp. It does not prove that the foreign judgment is legally correct.

Where the issuing country is not covered by the Apostille Convention, consular legalization or another authentication procedure may be necessary.

Which Turkish Court Has Jurisdiction?

An enforcement case is generally filed before the competent Turkish civil court.

Territorial jurisdiction may depend on:

• The defendant’s residence in Turkey
• The defendant’s habitual residence
• The location of assets
• Other statutory connecting factors

Where the defendant has no known residence in Turkey, alternative jurisdiction rules may apply.

Correctly identifying the competent court is important because filing before the wrong court may delay enforcement.

What Conditions Does the Turkish Court Examine?

The Turkish court does not normally retry the entire foreign dispute.

Instead, it examines whether the statutory enforcement conditions are satisfied.

The court may consider:

• Whether reciprocity exists
• Whether the judgment is final
• Whether the matter falls within the exclusive jurisdiction of Turkish courts
• Whether enforcement would violate Turkish public policy
• Whether the defendant was properly notified
• Whether the defendant had an opportunity to defend the case
• Whether the judgment falls within the legally enforceable category

This limited examination is sometimes described as a prohibition on reviewing the merits.

What Is the Public Policy Test?

A foreign judgment cannot be enforced if its result would clearly conflict with fundamental principles of Turkish public policy.

Public policy objections may arise where the judgment:

• Seriously violates the right to a fair trial
• Was obtained through fraud affecting due process
• Conflicts with fundamental constitutional values
• Produces a result incompatible with basic Turkish legal principles
• Disregards essential defence rights

A simple difference between Turkish law and foreign law is not automatically sufficient to refuse enforcement.

What If the Defendant Was Not Properly Served?

Proper notice is one of the most important issues in enforcement proceedings.

The defendant may object if:

• The foreign case was never lawfully notified.
• The defendant was unable to present a defence.
• The judgment was entered by default without proper service.
• Service violated the applicable international procedure.
• The defendant was represented without valid authority.

The Turkish court may refuse enforcement where the defendant’s defence rights were materially violated.

Can the Turkish Court Review Whether the Foreign Judge Was Correct?

As a general rule, no.

The Turkish court does not normally reconsider:

• Witness credibility
• Contract interpretation
• Calculation of damages
• Findings of fact
• Application of foreign substantive law

Its role is not to conduct a second trial but to determine whether the foreign judgment meets the conditions for recognition or enforcement.

How Does the Enforcement Case Proceed?

The usual process is:

1. Collection of the foreign judgment and finality documents
2. Apostille or legalization
3. Certified Turkish translation
4. Preparation of the enforcement petition
5. Filing before the competent Turkish court
6. Service of the case on the defendant
7. Submission of objections and evidence
8. Court hearing
9. Recognition or enforcement decision
10. Appeal, where applicable
11. Finalization of the Turkish judgment
12. Commencement of execution proceedings

The duration depends on service abroad, objections, documentary deficiencies, court workload, and appeals.

Can the Defendant Object?

Yes.

The defendant may raise objections concerning:

• Lack of finality
• Absence of reciprocity
• Improper service
• Violation of defence rights
• Turkish public policy
• Exclusive jurisdiction
• Invalid authentication
• Incorrect translation
• Satisfaction or extinction of the debt
• Enforcement of a judgment against the wrong person

The defendant cannot ordinarily turn the enforcement case into a complete retrial of the original dispute.

Can Interim Measures Be Requested?

In appropriate cases, the creditor may consider seeking protective measures to prevent the debtor from transferring or concealing assets while the enforcement case continues.

Depending on the facts, such measures may concern:

• Bank accounts
• Real estate
• Company shares
• Vehicles
• Receivables from third parties
• Commercial assets

Protective relief is not automatic. The applicant must satisfy the relevant procedural requirements and may be required to provide security.

Can a Foreigner Be Required to Provide Security?

Foreign claimants may, in some cases, be required to provide security for litigation or enforcement expenses.

However, an exemption may apply because of reciprocity, international agreements, residence status, or other statutory grounds. The Ministry of Justice explains that a foreign applicant may be exempt where Turkish citizens receive equivalent treatment in the foreign applicant’s country.

This issue should be examined according to the applicant’s nationality and applicable treaty.

What Happens After the Enforcement Decision?

Once the Turkish enforcement decision becomes final, the foreign judgment may generally be executed like a Turkish judgment.

The creditor may then seek measures such as:

• Attachment of bank accounts
• Attachment of salary or receivables
• Seizure of vehicles
• Attachment and sale of real estate
• Seizure of company shares
• Collection from third-party debtors
• Sale of attached assets

The creditor should identify the debtor’s Turkish assets before or during the enforcement process whenever possible.

Can Foreign Monetary Judgments Be Enforced?

Yes, provided that the legal conditions are satisfied.

The enforcement case should clearly identify:

• Principal amount
• Currency
• Interest
• Interest commencement date
• Court costs
• Attorney fees
• Partial payments already made

Disputes may arise concerning the exchange rate, interest calculation, and which parts of the foreign award are enforceable.

Can Foreign Divorce Judgments Be Recognized?

Foreign divorce judgments may generally require recognition in Turkey so that the divorce has legal effect in Turkish records and proceedings.

In certain cases involving eligible parties and uncontested foreign divorce decisions, an administrative registration procedure may be available instead of a court case.

However, additional provisions concerning:

• Custody
• Maintenance
• Property division
• Compensation
• Child support

may still require separate recognition or enforcement analysis.

Can Foreign Custody or Maintenance Decisions Be Enforced?

Potentially yes, but family-law judgments require careful examination.

The procedure may be affected by:

• International conventions
• The child’s habitual residence
• The child’s best interests
• Public policy
• Proper service
• Changes occurring after the foreign judgment
• The distinction between recognition and enforcement

Foreign custody, child support, spousal maintenance, and protection decisions should be reviewed individually.

What About Foreign Arbitral Awards?

Foreign arbitral awards are not enforced under exactly the same provisions as foreign court judgments.

Their recognition and enforcement may be governed by:

• The New York Convention
• Law No. 5718
• Bilateral agreements
• Turkish arbitration legislation

Turkish legislation separately regulates the enforcement of foreign arbitral awards, including the requirement that the award be final, enforceable, or binding.

Can an Enforcement Decision Be Appealed?

Yes. A Turkish judgment granting or refusing recognition or enforcement may generally be challenged through the applicable appellate procedures.

An appeal may delay the point at which compulsory enforcement can fully proceed.

The appeal should focus on errors concerning the statutory recognition or enforcement conditions rather than reopening the underlying foreign dispute.

Common Reasons for Rejection

Enforcement applications are frequently rejected or delayed because of:

• Missing finality certification
• Incomplete apostille or legalization
• Incorrect translations
• Failure to prove reciprocity
• Defective service
• Violation of defence rights
• Public policy concerns
• Filing before the wrong court
• Inconsistent names or company records
• Failure to distinguish recognition from enforcement

Careful document preparation is therefore essential.

Why Hire a Turkish Lawyer?

A Turkish lawyer can:

• Determine whether recognition or enforcement is required.
• Examine reciprocity and treaty rules.
• Identify the competent court.
• Review finality and service documents.
• Arrange certified translations.
• Prepare the court application.
• Respond to public policy and due-process objections.
• Seek protective measures.
• Conduct execution proceedings after enforcement.
• Locate and attach the debtor’s assets.

Lawyer Fırat Fesih Kaya, through Fırat Fesih Kaya Law Office, assists foreign individuals, international companies, investors, and judgment creditors with recognition, enforcement, interim protection, debt collection, and execution proceedings in Turkey.

Frequently Asked Questions

1. Can a foreign judgment be directly enforced in Turkey?

Generally no. A Turkish enforcement decision is usually required before compulsory execution can begin.

2. What is the difference between recognition and enforcement?

Recognition gives the foreign judgment legal effect, while enforcement permits compulsory execution.

3. Does the Turkish court retry the original dispute?

Normally no. The court generally examines only the statutory recognition and enforcement conditions.

4. Must the foreign judgment be final?

Yes. Finality under the law of the issuing country must generally be proven.

5. Is an apostille always required?

Not always. The authentication procedure depends on applicable international agreements and the issuing country.

6. Is reciprocity necessary?

Reciprocity is generally one of the conditions for enforcement and may arise through treaty, legislation, or actual practice.

7. Can a default judgment be enforced?

Potentially yes, provided that the defendant was properly notified and had a genuine opportunity to defend the case.

8. Can Turkish assets be frozen during the case?

Protective measures may be available if the applicable legal conditions are satisfied.

9. Can foreign arbitral awards be enforced through the same procedure?

They are subject to separate rules and international conventions governing arbitration.

10. Is a Turkish lawyer required?

Although representation may not be mandatory in every case, professional assistance is strongly recommended because procedural or documentary errors may lead to rejection or substantial delay.

Contact Us

Enforcing a foreign court judgment in Turkey requires careful preparation of the original judgment, finality documents, service records, authentication, translations, and the Turkish court application.

Fırat Fesih Kaya Law Office provides legal services regarding recognition and enforcement of foreign judgments, international debt collection, interim measures, commercial disputes, family-law judgments, and execution proceedings.

Lawyer Fırat Fesih Kaya

Phone: +90 312 434 22 22

Mobile: +90 532 769 22 22

E-mail: info@firatfesihkaya.av.tr

This article is provided for general informational purposes only and does not constitute legal advice. Recognition and enforcement requirements may vary according to the issuing country, applicable international agreement, subject of the judgment, procedural history, and current Turkish legislation.