Validity of Foreign Court Judgments in Turkey

Today, with the impact of globalization, Turkish citizens or foreigners living in different countries may encounter court judgments abroad for various reasons. However, for judgments rendered by foreign courts on matters such as divorce, inheritance, alimony, custody, or commercial disputes to be valid in Turkey, it is possible only through recognition and enforcement lawsuits yoluyla mümkündür.

In this article, how foreign court judgments become valid in Turkey, recognition and enforcement lawsuits we will examine what they mean, who can file these lawsuits, and frequently asked questions.

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1. What is the Validity of Foreign Court Judgments in Turkey?

Court judgments rendered in a foreign country do not automatically produce legal effects in Turkey. For these judgments to be valid in Turkey, they must be approved by Turkish courts. At this point, two fundamental concepts emerge: recognition and exequatur (tenfiz).

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2. What are Recognition and Enforcement Lawsuits?

Recognition Lawsuit

Recognition is the acceptance of a foreign court judgment in Turkey as res judicata or definitive evidence . For example, a divorce decree issued by a foreign courtmust first be recognized in order to be registered in the civil registry in Turkey.

Enforcement Lawsuit

Exequatur (tenfiz), on the other hand, is the process of making a foreign court decision enforceable in Turkey . In other words, it ensures not only the existence of the judgment but also its enforcement. For instance, a maintenance or compensation awardissued by a foreign court must be recognized and enforced (tenfiz) to be executable in Turkey.

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3. Conditions for Recognition and Enforcement Actions

Recognition and enforcement actions are subject to the provisions of the Law on Private International Law and Procedural Law (MÖHUK) No. 5718 . The fundamental conditions for these actions are as follows:

• The decision finalized being,
• The decision reciprocity (mütekabiliyet) having been rendered in a country adhering to the principle of
• Turkish courts' exclusive jurisdiction not being contrary,
• The decision not being manifestly contrary to Turkish public policy .

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4. International Inheritance and the Relationship between Recognition and Enforcement

For our citizens living abroad, international inheritance lawsuits are also frequently associated with recognition and enforcement proceedings. For instance, in order for an inheritance distribution decision rendered in Germany or France to be valid for title deed transactions in Turkey, a recognition or enforcement judgment must be obtained. In such cases, the support of both inheritance law as well as immigration law an expert attorney in the field is of great importance.

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5. Recognition of Divorce Decrees

For a divorce decree issued abroad to be valid in Turkey, a recognition lawsuit must be filed. However, pursuant to the legislative amendments made in 2018, provided that certain conditions are met, an administrative recognition procedure can now be carried out before the civil registry offices without requiring a court judgment.

Nevertheless, if one of the parties objects or if there are missing documents, divorce lawyer it may be necessary to file a recognition lawsuit before the court through.

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6. Immigration Law and Expert Support

Immigration Law, is a practice area closely related to private international law. It requires particular expertise in matters such as the enforcement of foreign court judgments in Turkey, disputes in the fields of inheritance or family law, as well as residence permit and citizenship procedures. In such proceedings, an experienced Beylikdüzü lawyer getting legal support from the team ensures that the process proceeds correctly.

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Frequently Asked Questions (FAQ)

1. Does a foreign court judgment automatically become valid in Turkey?
No. In order for it to be valid in Turkey, a recognition or enforcement lawsuit must be filed.

2. Are a couple divorced abroad also considered divorced in Turkey?
They are considered divorced in Turkey only if the recognition procedure is completed. Otherwise, they still appear married in the civil registry records.

3. How long does a recognition and enforcement lawsuit take?
Although the duration varies depending on the content of the case file and the place of residence of the parties, it can generally be concluded within a few months on average.

4. Is it necessary to file a new lawsuit in the foreign country for the enforcement action?
No, filing a lawsuit in the competent court in Turkey is sufficient.

5. In which court is a recognition or enforcement lawsuit filed?
The competent court is the court of the defendant's place of residence in Turkey. If there is no place of residence, the lawsuit may be filed in the courts of Istanbul, Ankara, or Izmir.

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Conclusion

The validity of judgments rendered by foreign courts in Turkey is a legal process that must be conducted accurately. Recognition and enforcement lawsuits, whether in matters of divorce, inheritance, or commercial issues, are of great importance in terms of protecting individuals' rights.

In this process, Immigration Law and Private International Law experienced in the field of Beylikdüzü lawyer support will ensure that the process proceeds swiftly and smoothly.

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Batin Yılmaz Law Firm , we provide professional legal consultancy services in the fields of recognition and enforcement of foreign court judgments in Turkey, international inheritance procedures, foreigners law, and family law.

The decision we obtained from the Sivas 2nd Family Court regarding the recognition in Turkey of the foreign property judgment explained above is attached herewith.

📍Beylikdüzü Lawyer | Batın Yılmaz Law Firm
🌐 www.batinyilmaz.av.tr