Enforcement of Foreign Judgments in Turkey: Key Considerations

Treaties and Reciprocity

Turkey is not a signatory to multilateral treaties for the reciprocal recognition and enforcement of foreign judgments. However, it has entered into bilateral treaties with several countries for the recognition and enforcement of foreign judgments in commercial and civil matters. These treaties provide a framework for cooperation and legal assistance between Turkey and its treaty partners.

In addition to bilateral treaties, Turkey recognizes and enforces judgments from many countries based on de facto reciprocity. This means that Turkish courts will enforce judgments from countries that have a history of recognizing and enforcing Turkish judgments. The evaluation of de facto reciprocity is conducted on a case-by-case basis, taking into account the specific circumstances of each country.

Uniformity in the Law

There is uniformity in the law on the enforcement of foreign judgments within Turkey. The Act on Private International Law and International Procedural Law No. 5718 is the main legislation that governs the recognition and enforcement of foreign judgments. This law provides the legal framework and procedures for enforcing judgments from foreign jurisdictions.

In addition to domestic legislation, international agreements that have been duly put into effect bear the force of law in Turkey. Therefore, relevant international agreements also constitute a source of law regarding the enforcement of foreign judgments.

Sources of Law

The main source of law regarding the enforcement of foreign judgments in Turkey is the Act on Private International Law and International Procedural Law. This law sets out the requirements and procedures for recognizing and enforcing foreign judgments.

Under Turkish law, international agreements duly put into effect also have the force of law. Therefore, relevant international agreements, such as bilateral treaties, are considered sources of law for the enforcement of foreign judgments.

Precedents of the Supreme Court are also important in interpreting and applying the law on the enforcement of foreign judgments. While precedents are not binding in Turkish law, except for decisions on the unification of conflicting judgments, they provide guidance and establish legal principles for the enforcement process.

Hague Convention and Strict Compliance

Turkey is not a signatory to the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. As a result, Turkish courts do not require strict compliance with the provisions of the convention before recognizing a foreign judgment.

Instead, Turkish courts apply the requirements and procedures set out in the Act on Private International Law and International Procedural Law. These requirements focus on factors such as reciprocity, respect for the right of defense, finality of the judgment, and compliance with Turkish public policy.

Limitation Period and Commencement

Under Turkish law, there is no specific limitation period for the enforcement of a foreign judgment. However, the statute of limitations is subject to the law applicable to the legal transaction or relationship. This means that the limitation period for enforcement will depend on the specific laws governing the underlying legal dispute.

In determining the commencement of the limitation period, Turkish courts generally follow the principles of the law governing the legal transaction or relationship. The limitation period typically starts from the date the cause of action arises or the judgment is rendered, depending on the specific circumstances of the case.

Recognition of Judgments

Once a foreign judgment is recognized in Turkey, it becomes enforceable and can be used as conclusive evidence in subsequent legal proceedings. The process for obtaining judicial recognition of a foreign judgment is similar to the process for enforcement.

The requirements for recognition of a foreign judgment include contractual or de facto reciprocity, respect for the right of defense, finality under the laws of the foreign country, and compliance with Turkish public policy. If these conditions are met, the court will grant recognition of the foreign judgment.

Enforcement of Judgments

The process for enforcing a foreign judgment in Turkey involves filing a case before the civil court of first instance with jurisdiction. The plaintiff must submit a petition containing the names and addresses of the parties, a summary of the judgment, and the request for enforcement.

The court will examine the petition and the supporting documents, including the original or approved copy of the judgment. If the requirements for enforcement are met, the court will grant enforcement of the foreign judgment.

Once the enforcement decision becomes final and binding, the plaintiff can apply to the bailiff's office to send an execution order to the defendant. The defendant must comply with the execution order within seven days. If the defendant fails to comply, the plaintiff can apply for the attachment of the defendant's assets.

Defenses and Objections

Defendants in enforcement proceedings can raise limited grounds for challenging a foreign judgment. These grounds include lack of reciprocity, exclusive jurisdiction of Turkish courts, unrelated court and parties, explicit violation of Turkish public policy, lack of respect for the right of defense, non-finality of the judgment, reasons for restitution, or previous execution of the judgment.

However, defendants cannot raise merits-based defenses or challenge the scope of the judgment. Turkish courts do not consider the relative inconvenience of the foreign jurisdiction or the allegations of fraud upon the defendant or the court when enforcing a foreign judgment.

Pitfalls and Challenges

Enforcing foreign judgments in Turkey can be a complex and challenging process, with several potential pitfalls. Some common pitfalls include the duration of the proceedings, which can range from six to 18 months or longer, depending on the complexity of the case and any appeals.

Another potential pitfall is the requirement of reciprocity, as not all countries have bilateral treaties with Turkey for the recognition and enforcement of foreign judgments. Lack of reciprocity can make it difficult or even impossible to enforce a foreign judgment in Turkey.

Other challenges include the jurisdiction of the court, which may vary depending on the subject matter of the judgment, and the requirement to comply with court fees and official attorneys' fees. Failure to meet these requirements can lead to delays or even rejection of the enforcement application.

Conclusion

Enforcing foreign judgments in Turkey requires a thorough understanding of the legal requirements and procedures. From treaties and sources of law to limitations and remedies, this comprehensive guide has provided a detailed overview of the key considerations for enforcing foreign judgments in Turkey.

Navigating the enforcement process can be complex, but with the right knowledge and guidance, individuals and businesses can successfully enforce their foreign judgments in Turkey. By taking into account the requirements and potential pitfalls, parties can ensure a smooth and efficient enforcement process and protect their rights in international legal disputes.