Recognition And Enforcement of Foreign Judgments in Turkey

Recognition And Enforcement of Foreign Judgments in Turkey

According to the definitions regulated by the Law numbered 5718, the recognition of a foreign court decision provides the legal existence and recognition of rights, to be used as conclusive evidence, and if necessary making administrative acts in accordance with these decisions. Recognition is the procedure which provides final evidence and definite judgment statute to the foreign judgment.

However enforcement of a foreign judgment provides the enforcement of the decision in the same way as the decision of national courts. For example; the only way to start executive proceeding for a debt, which is written in the decision of a foreign court or arbitration board, is demanding the enforcement of this foreign judgment from Turkish Court.

Presence of a bilateral or multilateral convention between Turkey and regarded State must be checked before demanding the procedure of recognition or the enforcement of a foreign decision. If there is such convention, the provisions of the convention must be considered and then recognition or enforcement can be demanded from the court authorized and in charge. The procedural details of recognition and the enforcement are as specified in the Law numbered 5718. During the proceeding of recognition and enforcement, Turkish Courts only examine the case in specific terms of conditions of recognition and enforcement as specified in the Law numbered 5718, not the merits of the foreign judgment.