A judgment given by a foreign court does not automatically take effect in Türkiye. To rely on its binding effect, the judgment must be recognised; to execute it, an enforcement (exequatur) decision is required. The procedure is governed by the Code on Private International and Procedural Law No. 5718.
As a rule, enforcement requires that the judgment be final under the law of the State where it was given; that there be reciprocity between Türkiye and that State; that the judgment not concern a matter within the exclusive jurisdiction of the Turkish courts; that it not be manifestly contrary to public policy; and that the defendant’s right to be heard have been respected.
For certain decisions, such as divorce decrees, reciprocity is not required and recognition may be sufficient. Under certain conditions, foreign divorce decrees can also be registered directly through the civil registry offices without court proceedings.
Having the original or a certified copy of the judgment, proof of finality, a sworn translation and the necessary apostille in place before filing goes a long way to keeping the process moving quickly.
This article is for general information only and does not constitute legal advice. Please consult a lawyer about your specific circumstances.