If you have already won a case against a Turkish debtor in your own country, the judgment does not take effect in Türkiye automatically. Before it can be enforced, a Turkish court must grant exequatur (tenfiz). Once exequatur is final, the foreign judgment is enforced exactly like a Turkish court judgment.
Recognition or enforcement?
- Enforcement (exequatur): makes the judgment executable in Türkiye. This is what a creditor needs to collect money.
- Recognition: gives the judgment the effect of res judicata or conclusive evidence, without making it executable. Reciprocity is not required for recognition.
Conditions (MÖHUK Art. 50, 54)
The foreign judgment must be final under the law of the country where it was given. The Turkish court then checks four conditions:
- Reciprocity: there must be a treaty between Türkiye and the country of judgment, a de facto practice, or a provision of law in that country allowing Turkish judgments to be enforced there.
- Jurisdiction: the judgment must not concern a matter within the exclusive jurisdiction of Turkish courts. If the debtor objects, the foreign court must not have based its jurisdiction on a ground with no real connection to the dispute.
- Public policy: the judgment must not be manifestly contrary to Turkish public policy.
- Right of defence: the debtor must have been duly summoned and represented. A default judgment can be refused if the debtor shows that its right of defence was breached.
The Turkish court does not review the merits of the case. It only checks these conditions.
Competent court and documents (MÖHUK Art. 51, 53)
The action is filed with the civil court of first instance (asliye hukuk mahkemesi) at the debtor's domicile in Türkiye, or at its residence. If neither exists, the action can be filed in İstanbul, Ankara or İzmir.
You will need:
- the judgment, certified by the authorities of the country of judgment,
- a document showing the judgment is final,
- sworn Turkish translations of both.
For countries party to the Hague Apostille Convention, certification is done by apostille.
Security for costs (MÖHUK Art. 48)
Foreign individuals and companies suing in Türkiye must, as a rule, post security for court costs. No security is required where a treaty applies (for example the 1954 Hague Convention on Civil Procedure, to which the Netherlands and Türkiye are both parties) or where there is reciprocity. We check this before filing.
Arbitral awards (MÖHUK Art. 60)
Türkiye is a party to the 1958 New York Convention. Awards rendered in another Convention state are enforced under the Convention. The court checks, among other things, the validity of the arbitration agreement, proper notice to the debtor, and that the award is binding.
After exequatur
When the exequatur decision is final, we start judgment-based enforcement proceedings: the debtor receives an execution order, and if it does not pay, the debtor's bank accounts, receivables, vehicles and real estate can be attached and sold.
See also: Debt collection in Turkey: a practical guide for foreign creditors
General information, not legal advice. Whether reciprocity exists and whether security is required depend on the country involved.