Av. Gökçe ATUĞ

Recognition and Enforcement Case

RECOGNITION AND ENFORCEMENT PROCEEDING

Recognition and enforcement proceedings are among the essential legal actions required for foreign court judgments to gain validity and enforceability in Turkey. A recognition and enforcement proceeding refers to a lawsuit filed in Turkey to enable a judgment issued by a foreign court to become legally effective or enforceable within Turkish territory. These proceedings are divided into two categories: preliminary conditions and substantive requirements.

Preliminary Conditions:

There must be a foreign court decision: Decisions issued by foreign administrative bodies cannot be subject to recognition and enforcement. Only decisions rendered by courts possessing judicial character (i.e., courts with proper judicial authority) may be considered. Additionally, even if issued by a foreign court, decisions lacking the nature of an official judicial ruling cannot qualify for recognition and enforcement.

The foreign court decision must relate to a civil matter: Judgments delivered by foreign criminal courts regarding criminal penalties or related ancillary rulings cannot be recognized or enforced in Turkey. Importantly, the nature of the court itself is less significant; what matters is whether the decision pertains to private law issues. Thus, foreign court decisions concerning civil disputes may gain legal effect in Turkey through recognition and enforcement proceedings.

The foreign court decision must have become final: Proceedings cannot be initiated on a decision still pending appeal, under review by a higher court, or where the appeal period has not yet expired. Whether a foreign judgment is final is determined according to the procedural law of the country issuing the judgment.

Substantive Requirements:

There must be reciprocity between the country whose judgment is to be enforced and Turkey: Reciprocity means that the country enforcing the Turkish judgment must also recognize and enforce Turkish court decisions. This principle applies regardless of whether it stems from actual practice, statutory provisions, or international agreements. Reciprocity is mandatory only for enforcement proceedings, not for recognition proceedings.

The foreign court decision must not fall within the exclusive jurisdiction of Turkish courts.

The foreign court decision must not be manifestly contrary to Turkish public policy.

The parties must have been granted due process, including the right to defense, during the foreign court proceedings.

Recognition and enforcement proceedings are most commonly initiated in divorce cases. If the foreign court judgment includes enforcement-related provisions—such as alimony, compensation, custody, or other related rulings stemming from divorce—the individual seeking their enforceability in Turkey must file a separate enforcement proceeding.

Documents Required for Recognition and Enforcement Proceedings:

• Copy of the applicant’s identity document
• If the case is represented by a lawyer, a power of attorney granted to the lawyer, receipts for incurred expenses, and similar documents
• Original foreign court judgment, authenticated copy issued by the foreign authority, and a notarized translation
• Document confirming the finality of the foreign judgment, along with its notarized translation
• All necessary documents must be apostilled to attain official status in Turkiye. Apostille certification is mandatory for foreign documents to be recognized as official evidence in Turkiye.