A court judgment or divorce decree issued by a court outside Turkey does not automatically take legal effect in Turkey. For a foreign ruling to be legally recognized or enforced by Turkish authorities (such as updating civil registries or seizing assets), a official lawsuit for Recognition (Tanıma) or Enforcement (Tenfiz) must be concluded in Turkish courts.
This guide by Avukat Damla Bayrak Law Firm explains the requirements and procedures under MÖHUK Law No. 5718.
1. Difference Between Recognition and Enforcement
- Recognition (Tanıma): Establishes the legal bindingness and finality of a foreign court ruling in Turkey (e.g., recognizing a foreign divorce decree to update civil status).
- Enforcement (Tenfiz): Enables execution of foreign money judgments, performance obligations, or child custody orders through Turkish enforcement offices.
2. Statutory Requirements for Enforcement
Under Article 54 of MÖHUK, a Turkish judge will grant enforcement if the following legal conditions are met:
- Reciprocity (Mütekabiliyet): A legal or contractual agreement exists between Turkey and the foreign state ensuring mutual enforcement of judgments.
- Finalization (Kesinleşme): The foreign judgment must be final and unappealable under the issuing country’s laws.
- Compliance with Public Order: The judgment must not violate fundamental principles of Turkish public policy (Kamu Düzeni).
- Right to Defense: The defendant must have been properly served and afforded due process rights in the foreign court.
3. Required Documents
- Original foreign court judgment with Apostille certification.
- Official court certificate confirming finalization (Kesinleşme şerhi).
- Sworn Turkish translations notarized in Turkey or at a Turkish consulate.
4. Legal Assistance in Istanbul
Avukat Damla Bayrak Law Firm manages recognition and enforcement lawsuits for foreign individuals and businesses across all Turkish Family and Commercial Courts.
Contact Details:
Address: Çağlayan, Park Cd No: 22/24 Kat: 3, Daire 24, 34403 Kağıthane/İstanbul
Direct Phone & WhatsApp: +90 534 598 95 99
Email: info@avdamlabayrak.com
Website: avdamlabayrak.com/en/
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