The Conditions to Enforce a Foreign Judgment in Türkiye
You won your case abroad — now you need that win to actually work in Türkiye (Turkey). A Turkish court will enforce a foreign court judgment through an enforcement action (tenfizTenfizEnforcement of a foreign judgment in TürkiyeThe Turkish court decision that makes a foreign judgment enforceable in Türkiye — the step that lets you actually collect.Glossary →) when the judgment clears one threshold and meets four conditions set out in MÖHUKMÖHUKTurkish Private International Law Act No. 5718The Turkish statute that decides which country's law applies to a cross-border matter, and how foreign judgments are recognised and enforced here.Glossary →, the Private International Law and Procedure Act (Law No. 5718), article 54. The threshold, in article 50, is that the judgment is final, binding, and on a civil matter. The four conditions are reciprocity, that the case was not one reserved to the Turkish courts, that enforcing it would not manifestly breach Turkish public policy (kamu düzeni), and that the defendant's right to a defence was respected. And here is the part that reassures most clients: the court does not re-try your case — it checks these conditions, not who should have won.
What does it take for a foreign judgment to "count" in Türkiye?
A foreign judgment is not automatically valid in Türkiye. Before it can be used here, it has to pass through a Turkish court. There are two doors, and they do different jobs:
- Enforcement (tenfiz) — makes a foreign judgment executable in Türkiye, so you can collect on it against assets here just like a Turkish judgment.
- Recognition (tanıma) — makes a foreign judgment binding as proof in Türkiye (it settles the matter and can be used as evidence), but does not, by itself, let you seize assets.
Enforcement runs on articles 50–57 of MÖHUK; recognition runs on articles 58–59. To be enforced, a judgment must clear one threshold (article 50) and satisfy four conditions (article 54). And under article 55 the Turkish court does not re-try your case on the facts or the law. It checks the conditions — not who was right.
For the full picture of the practice area, see our overview of recognition and enforcement of foreign judgments.
What do you hold, and what do you need it to do in Türkiye?
Which foreign judgments even qualify? (The article 50 threshold)
Only a certain kind of decision qualifies. Under article 50, the judgment you hold must be:
- a court judgment — issued by a foreign court (arbitral awards and some divorces travel different routes, covered below);
- final and binding — no longer open to ordinary appeal in the country of origin, and carrying a finality annotation (kesinleşme şerhi) to prove it; and
- on a civil matter — a private-law dispute such as a debt, a contract, damages, or family status, not a criminal penalty or a tax or administrative order.
Decisions that usually do not clear this threshold include interim or provisional measures, judgments still under appeal, and purely criminal or public-law rulings. If the decision is not yet final where it was issued, the first step is to make it final there — not to file in Türkiye.
What are the four conditions under MÖHUK article 54?
There are four, all in article 54, and all must be met. The Turkish court checks each one; it does not weigh the merits. Here is what each condition asks and where claimants most often stumble.
| Condition (art. 54) | What the Turkish court checks | Where claimants stumble |
|---|---|---|
| (a) Reciprocity | Whether Türkiye and the country of origin enforce each other's judgments — by treaty, by statute, or in de facto practice | Assuming reciprocity exists and bringing no proof of it |
| (b) Not exclusive Turkish jurisdiction | Whether the subject matter is one Turkish law reserves to its own courts | Filing on a matter Türkiye keeps for itself |
| (c) No manifest breach of public policy (kamu düzeni) | Whether enforcing the result would clearly offend Türkiye's fundamental principles or basic fairness | Treating an unfavourable-looking result as a public-policy breach; or a genuine due-process gap |
| (ç) Defendant's right to a defence | Whether the defendant was duly summoned and able to defend in the original case | Default judgments obtained without proper service abroad |
Miss any one of the four and enforcement can be refused — even if your judgment is completely sound on the merits. That is why the groundwork before filing matters so much.
Condition (a) — Is there reciprocity between Türkiye and the country where you won?
Yes — for enforcement, reciprocity is the first thing the court wants to see. Reciprocity (karşılıklılık) means Türkiye and the country where you won each recognise and enforce the other's judgments. It can exist in three ways:
- By treaty — a bilateral or multilateral agreement between Türkiye and the other state;
- By statute — the other country's own law allows Turkish judgments to be enforced; or
- In practice (de facto) — that country's courts have, in fact, enforced Turkish judgments.
The trap is assuming reciprocity is obvious. It has to be shown, and the strength of the evidence varies a lot from one country to the next. This is often the first real battleground in a tenfiz case, so it pays to check your specific country before you file. We go deep on this — including how to prove de facto practice — in our guide to reciprocity and where your country stands.
Condition (b) — Was the case one only the Turkish courts could decide?
The case must not be one that only the Turkish courts may decide. For a narrow set of matters, Turkish law reserves jurisdiction to its own courts, and a foreign judgment on such a matter will not be enforced here. A frequently cited example is a dispute over rights in immovable property located in Türkiye. For ordinary commercial disputes — an unpaid invoice, a breach of contract, a claim for damages — this condition is usually straightforward. It becomes a live issue only when the subject matter is tied so closely to Türkiye that the law treats it as exclusively Turkish. If your dispute touches Turkish real estate or a similarly Türkiye-anchored subject, check this point early rather than after you file.
I won my case abroad, so the judgment already counts in Türkiye.
A foreign judgment is not automatically valid in Türkiye. Before it can be used here it has to pass through a Turkish court: a tenfiz (enforcement) action to make it executable against assets, or a tanımaTanımaRecognition of a foreign judgment in TürkiyeThe court decision that makes a foreign judgment legally effective in Türkiye as proof — without, by itself, making it enforceable.Glossary → (recognition) action to have it treated as binding proof. Until one of those doors is opened, the judgment does not by itself reach anything in Türkiye.
The Turkish court will hear the whole dispute again, so I should prepare to re-argue the merits.
Under article 55 the Turkish court does not re-try your case on the facts or the law — there is no révision au fond. It checks the article 50 threshold, the four article 54 conditions and the documents, not whether the foreign court decided correctly or who should have won. The action is heard under the simplified procedure (basit yargılama usulü), and with the conditions and documents in order an uncontested case is largely a checking exercise for the court. Your preparation belongs on the conditions and the file.
Our two countries obviously enforce each other's judgments — reciprocity is a formality.
Reciprocity (karşılıklılık) has to be shown, not assumed. It can exist by treaty, by the other country's own statute allowing Turkish judgments to be enforced, or in fact, where that country's courts have actually enforced Turkish judgments — and the strength of the available evidence varies a lot from one country to the next. Assuming reciprocity exists and bringing no proof of it is the classic stumble on condition (a), and it is often the first real battleground in a tenfiz case.
The defendant never appeared abroad, so a default judgment can never be enforced here.
A default judgment can be enforced if the defendant was properly summoned and able to present a defence under the rules of the court that gave the judgment but simply chose not to take part — that was their choice. Condition (ç) bites only where the defendant was never genuinely notified or was shut out of the process. It is also generally an objection the defendant has to raise and support, though default judgments do draw the closest scrutiny on service.
Condition (c) — Would enforcing the judgment breach Turkish public policy (kamu düzeni)?
Only a manifest breach blocks enforcement — not merely a result you dislike. Public policy (kamu düzeni) is the set of fundamental principles and basic sense of justice that Türkiye will not compromise. Under condition (c), a Turkish court refuses enforcement only when giving effect to the judgment would clearly offend those core principles. This is a narrow, exceptional control — and, thanks to article 55, it is not a second trial. The court is not asking whether the foreign court applied the law correctly.
What can raise a genuine public-policy concern is usually about fundamentals rather than outcome — for example, a serious breach of basic fair-process rights, or a result that strikes at core principles of the Turkish legal order. What does not qualify is simply that the foreign court reached a different conclusion than a Turkish court might have, or applied foreign law that produced a larger or smaller award.
Because this is the condition debtors most often invoke, it repays careful handling. Our dedicated guide explains where the line really sits: public policy (kamu düzeni) and refusal.
Condition (ç) — Was the defendant given a proper chance to defend?
The defendant must have had a fair chance to defend in the original case. Condition (ç) protects due process. The Turkish court checks whether the party who lost abroad was properly summoned and able to present a defence under the rules of the court that gave the judgment. If the defendant was duly served and simply chose not to take part, that is their choice — the judgment can still be enforced. But if the defendant was never genuinely notified, or was shut out of the process, this condition can defeat enforcement.
A key detail: this is generally an objection the defendant has to raise and support. Default judgments — where the defendant never appeared — draw the most scrutiny here, precisely because the court wants to be sure service and defence rights were respected. If you are on the receiving end of an enforcement action, this is often where the real fight is; see our guide to defending against enforcement.
Do the same conditions apply to recognition, arbitral awards, and divorces?
Mostly yes for recognition — with one big exception — and no for arbitral awards, which follow their own rules.
Recognition (tanıma). Under article 58, recognition applies the same conditions as enforcement except that reciprocity is not required. Recognition gives the foreign judgment binding effect in Türkiye (it settles the matter and can serve as proof); enforcement goes one step further and makes it executable against assets. If you only need the foreign judgment accepted as final — not to collect — recognition can be the simpler path. We compare the two side by side in recognition vs enforcement (tanıma vs tenfiz).
Arbitral awards. A foreign arbitral award is not a court judgment and does not go through articles 50–59. It is enforced mainly under the 1958 New York Convention, to which Türkiye is a party, with MÖHUK articles 60–63 also governing. The grounds to refuse an award are narrower than for court judgments — essentially the New York Convention's Article V list, such as an invalid arbitration agreement or incapacity, improper notice or inability to present the case, the award exceeding what was submitted, an irregular tribunal or procedure, the award being set aside at the seat, non-arbitrable subject matter, or a public-policy breach (mirrored in MÖHUK article 62). See our guide to enforcing a foreign arbitral award.
Foreign divorces. A foreign divorce can be recognised through a Turkish family court under article 58, or — since 2017 — registered directly in the Turkish population register through the civil registry or a consulate under the Population Services Act (Law No. 5490), article 27/A, without a court case, when the conditions are met. For anything beyond simple registration, our divorce and family law team can advise.
How does the case run, and what commonly trips claimants up?
The procedure is streamlined, but the paperwork is exacting. A tenfiz action is heard under the simplified procedure (basit yargılama usulü) set by article 55, and — worth repeating — the court does not re-open the merits (no révision au fond). Get the conditions and the documents right, and an uncontested case is largely a checking exercise for the court.
The case is filed at the civil court of first instance (asliye hukuk mahkemesiAsliye hukuk mahkemesiCivil court of first instanceThe general civil court that hears most disputes not assigned to a specialised court.Glossary →) where the person you are enforcing against lives in Türkiye; if they have no home or residence here, you can file in Ankara, İstanbul or İzmir. A commercial dispute goes to the commercial court of first instance instead (MÖHUK article 51).
What the file typically needs:
- the judgment marked final (a finality annotation / kesinleşme şerhi);
- an apostille under the 1961 Hague Convention (or consular legalisation if the country is not a party);
- a sworn Turkish translation; and
- a power of attorney (vekâletname) — which lets a lawyer admitted to a bar in Türkiye run the whole case for you, without you travelling.
Two more practical points. As a foreign claimant you may have to post security for costs (yabancılık teminatı) under the Code of Civil Procedure (HMKHMKCode of Civil Procedure No. 6100The rulebook for how a civil case actually runs in Türkiye — which court, which steps, which deadlines, and what evidence counts.Glossary →) article 84, unless a treaty or reciprocity exemption applies. And once you have a tenfiz judgment, you collect through Türkiye's enforcement offices under the Enforcement and Bankruptcy Act (İİKİİKEnforcement and Bankruptcy Law No. 2004The Turkish statute governing how debts are collected by force — enforcement proceedings, attachment, sale and bankruptcy.Glossary →, Law No. 2004) — the tenfiz judgment is the key that unlocks execution against assets here.
As for timing, treat any figure as an estimate, never a promise: an uncontested tenfiz case often runs about 6–10 months at first instance, a contested one roughly 12–24 months, and administrative divorce registration anywhere from a few weeks to a few months. The biggest avoidable delays come from the four conditions — most often unproven reciprocity, weak service abroad, or an overstated public-policy argument — and from incomplete documents. Sorting those out before you file is the most valuable use of your time.
This article is general information about Turkish law and is not legal advice; for advice on your specific situation, consult a qualified lawyer.
Sets the article 50 threshold, the four article 54 conditions, the no-retrial rule and simplified procedure in article 55, recognition in article 58, and the separate arbitral-award route in articles 60–63.
Once you hold a tenfiz judgment, this is the machinery through which you execute against assets in Türkiye via the enforcement offices.
Since 2017 it allows a foreign divorce to be registered directly in the Turkish population register through the civil registry or a consulate, without a court case, when the conditions are met.
What to put together before you file
The biggest avoidable delays come from incomplete documents and from the four conditions, so this is where your time is best spent. Sorting it out before filing is worth more than anything you do afterwards.
Frequently asked questions
Is a foreign judgment automatically valid in Türkiye?
No. A foreign court judgment must be put through a Turkish court — a tenfiz (enforcement) action to make it executable, or a tanıma (recognition) action to have it treated as binding. A foreign divorce can instead be registered directly in the population register under Law No. 5490, article 27/A, when the conditions are met.
How many conditions are there to enforce a foreign judgment in Türkiye?
Four, all in MÖHUK article 54: reciprocity, that the matter is not within the Turkish courts' exclusive jurisdiction, no manifest breach of public policy (kamu düzeni), and respect for the defendant's right to a defence. There is also a threshold in article 50 — the judgment must be final, binding, and on a civil matter.
Will the Turkish court re-examine who was right in my case?
No. Under article 55 the court does not re-try the merits (no révision au fond). It checks the article 54 conditions, along with finality and documents — not whether the foreign court decided the facts or law correctly.
Do I need reciprocity for recognition too?
No. Reciprocity is required for enforcement (tenfiz) but not for recognition (tanıma) under article 58. If you only need the judgment recognised as binding — not executed against assets — the reciprocity question falls away.
Can a default judgment be enforced if the defendant never appeared?
Possibly. A default judgment can be enforced if the defendant was properly summoned and had a real chance to defend but chose not to take part. If service or defence rights were violated, condition (ç) can block enforcement — and the defendant is the one who must raise that objection.
Do I have to travel to Türkiye to bring the case?
No. A power of attorney (vekâletname) lets a lawyer admitted to a bar in Türkiye run the entire tenfiz or tanıma case for you remotely. You will still need the judgment finalised, apostilled or consular-legalised, and translated by a sworn translator.
