Enforcement (exequatur) Of Foreign Court Judgments In Turkey

What Is Enforcement (Exequatur)?

Enforcement, also known as exequatur, is the legal process by which a foreign court judgment that contains an enforceable obligation is made executable in Turkey. Unlike recognition, enforcement allows the foreign judgment to be directly enforced through Turkish enforcement offices.

In enforcement proceedings, Turkish courts do not re‑examine the substance of the dispute. The review is limited to whether the statutory conditions for enforcement are satisfied.

What Is the Difference Between Recognition and Enforcement?

The key distinction lies in the nature of the judgment:

• Recognition applies to judgments that do not require execution (e.g. divorce, custody, personal status).

• Enforcement applies to judgments that do require execution, such as payment of money or performance of an obligation.

If a foreign judgment includes an enforceable element, recognition alone is insufficient; enforcement must be obtained.

Which Foreign Court Judgments Can Be Enforced in Turkey?

The following foreign court judgments are commonly subject to enforcement proceedings:

• Alimony and child support decisions

• Compensation and damages awards

• Contractual payment obligations

• Commercial court judgments involving monetary claims

• Labor court judgments awarding receivables

These judgments must be final and binding in the country where they were issued.

Where Is an Enforcement Lawsuit Filed?

Enforcement lawsuits are filed before the Civil Court of First Instance. In family law–related matters, the Family Court may have jurisdiction depending on the nature of the claim.

Jurisdiction lies with:

• The court of the defendant’s domicile in Turkey,

• If unavailable, the court of habitual residence,

• If neither exists, one of the courts in Istanbul, Ankara, or Izmir.

  
  

Conditions Required for Enforcement

Under Turkish law, a foreign court judgment may be enforced if:

• The judgment is final and conclusive

• The issuing court was competent

• The judgment is not clearly contrary to Turkish public order

• The defendant’s right to be heard and to defend was respected

• There is reciprocity between Turkey and the issuing country (by treaty, law, or practice)

All of these conditions must be fulfilled cumulatively.

Which Case Files Commonly Require Enforcement?

In practice, enforcement is most frequently sought for:

• Foreign alimony and maintenance decisions

• Compensation awarded in personal injury cases

• Commercial disputes resolved abroad

• Employment‑related receivables granted by foreign courts

Without an enforcement decision, such judgments cannot be executed in Turkey, even if they are valid abroad.

How Long Does an Enforcement Case Take?

The duration of enforcement proceedings depends largely on the completeness of the file and the service of process. Properly prepared cases may be concluded within several months, while procedural deficiencies can significantly prolong the process.

Conclusion

Enforcement of foreign court judgments in Turkey is a strictly formal and technical procedure. Even minor deficiencies in documentation or procedure may lead to rejection of the request or substantial delays.

If you hold a foreign court judgment that requires execution in Turkey, it is essential to determine whether enforcement is necessary and to proceed with a properly structured legal strategy.

👉 For professional legal assistance in enforcement (exequatur) proceedings and to evaluate the most effective approach for your case, you may contact me directly.