Enforcement of Foreign Court Judgments in Turkey
Question: “I have a final and binding court judgment in my favour concerning a monetary claim. The debtor resides in Turkey and has assets located in Turkey. How can I make this judgment effective in Turkey and recover my claim?”
Introduction
Foreign court judgments are not directly enforceable in Turkey. When the judgment concerns a monetary obligation or any enforceable performance, the appropriate route is to obtain enforcement (exequatur) in Turkey. Once an enforcement decision is granted, the foreign judgment acquires the same enforceability as a Turkish court judgment and may be executed through ilamlı icra takibi (enforcement of judgments).
How the Process Works
1) Filing the Enforcement Application
An enforcement request is submitted to the competent civil court in Turkey on behalf of the client. Before initiating the process, the foreign judgment is assessed to determine whether it is prima facie eligible for enforcement under Turkish private international law (including reciprocity, procedural fairness, and public policy considerations).
2) Preparing the Required Documents
The application file typically includes the following documents:
- The original or duly certified copy of the foreign court judgment,
- A certificate showing that the judgment is final and binding,
- Apostille or other required form of official legalisation (depending on the issuing country),
- A sworn Turkish translation of all documents, duly notarised or approved by the Turkish consulate.
All documents must be duly completed and submitted before filing the enforcement request with the court.
3) What the Turkish Court Examines
The court does not review the merits of the foreign judgment. Instead, it examines only whether certain statutory conditions are met. These include:
- The judgment is final and conclusive in the issuing state;
- The requirement of reciprocity between Turkey and the issuing state is satisfied;
- The subject matter does not fall within the exclusive jurisdiction of Turkish courts;
- The judgment is not manifestly contrary to Turkish public policy;
- The defendant’s right to be heard and defence rights were respected (proper service of process/representation).
If these conditions are satisfied, the court grants an enforcement decision.
4) Finalisation of the Enforcement Decision and Execution
Once the enforcement decision becomes final, the foreign judgment may be enforced in Turkey through ‘ilamlı icra takibi’ (judgment enforcement proceedings). At this stage, the creditor may pursue attachment of the debtor’s movable and immovable assets, bank accounts, receivables, or other property located in Turkey.
It should be noted that although an appeal against the enforcement decision may suspend execution, it does not prevent the creditor from seeking interim attachment against the debtor’s assets.
Our Services
At Lotus Law & Consultancy, we provide comprehensive legal assistance throughout the entire enforcement process. We assess the enforceability of your foreign judgment, ensure that all required documents (apostille, translations, notarisation, etc.) are properly prepared, and manage the court application on your behalf. Once the enforcement order is obtained, we proceed with the necessary enforcement steps in Turkey to ensure effective recovery of your claim.
For further information or to request legal assistance, you may contact us directly at +90 542 562 01 49 or email us at info@lotuslawfirm.com.tr
META DESCRIPTION
Learn the step-by-step enforcement (tenfiz) procedure required to make foreign court judgments enforceable in Turkey. Lotus Law & Consultancy handles the entire process, including the tenfiz application, document preparation and enforcement proceedings.