In our globalizing world, international relations between individuals and companies are increasing. This necessitates the need for court decisions made in one country to have legal effect in another. For individuals living in Türkiye or with legal ties to Turkey, the validity of foreign court decisions within the Turkish legal system is crucial. Especially in a city with an international population like Antalya, the recognition and enforcement of foreign court decisions is a frequently encountered legal issue. While this process provides legal certainty and security, it can also lead to significant loss of rights if the correct steps are not taken.
This article provides a detailed explanation of how to recognize and enforce foreign court decisions in Türkiye, including their legal basis and practical implications. This simple explanation of legal terms and a step-by-step explanation of the process will help readers better understand the subject.
Recognition and Enforcement of Foreign Court Decisions: Conceptual Framework
There are two basic mechanisms for foreign court decisions to have legal consequences in Türkiye: “recognition” and “enforcement.” While both concepts ensure that foreign decisions gain validity in domestic law, they differ in their purpose and consequences.
What is Recognition?
Recognition is the recognition that a foreign court decision has final legal force in Türkiye. A recognized decision is as binding as a decision rendered in Turkish courts and prevents further litigation on the same issue. Recognition does not ensure the enforceability of a foreign court decision; it merely validates the legal status or relationship specified in the decision under Turkish law. For example, recognition in Türkiye of divorce decrees issued in a foreign country ensures that the spouses are considered divorced under Turkish law and are recorded in the civil registry. Foreign decisions concerning inheritance certificates or paternity rulings can also have effect in Turkish law through recognition.
What is Enforcement?
Enforcement, on the other hand, is the legal process by which a foreign court decision becomes enforceable in Türkiye. In other words, it is a legal remedy used to ensure that a foreign court decision (e.g., monetary claims, compensation, or child surrender) is enforced through Turkish enforcement bodies. Once an enforcement decision is obtained, the foreign court decision can be enforced as if it were a Turkish court decision. Enforcement also carries the effect of recognition; that is, an enforced decision is automatically recognized. However, not every recognized decision is enforceable.
General Conditions for the Recognition and Enforcement of Foreign Court Decisions in Türkiye
For a foreign court decision to be recognized or enforced in Türkiye, certain conditions must be met under the Law on Private International Law and Procedural Law (MÖHUK). These conditions are designed to protect the sovereignty of the Turkish legal system and safeguard its fundamental legal principles.
Finalization of the Decision
The first and most important requirement for recognition and enforcement is that a foreign court decision be final under the laws of the country where it was issued. If there is still a possibility of change through objection or appeal, recognition or enforcement in Türkiye is not possible. This finality must be proven by a document issued by the court or relevant authority that issued the decision.
Lack of Exclusive Jurisdiction of Turkish Courts
The foreign court decision must not have been issued on a matter within the exclusive jurisdiction of Turkish courts. For example, cases involving real estate located in Türkiye fall under the exclusive jurisdiction of Turkish courts. A foreign court decision on such a matter cannot be recognized or enforced in Türkiye.
Not Constitute a Violation of Turkish Public Order
A foreign court decision must not be clearly contrary to Turkish public order. Public order refers to a state’s fundamental values, constitutional principles, fundamental rights and freedoms, moral principles, and fundamental principles of law. For example, a decision may constitute a violation of public order if it violates fundamental rights and freedoms, violates the right to a fair trial, or is incompatible with moral values. This requirement does not imply a review of the merits of the decision; it only examines whether the decision conflicts with the fundamental principles of the Turkish legal system.
No Violation of the Right to Defense
Recognition or enforcement is not possible if the person against whom the judgment was issued was not properly summoned or represented in the foreign court that issued the judgment, or if they were not given the opportunity to participate in the proceedings filed in that court in accordance with the laws of that country. It is essential that the right to a defense, a fundamental element of the right to a fair trial, is not violated.
Principle of Reciprocity
Reciprocity, a special requirement for enforcement, means the existence of an agreement or de facto practice between a foreign state and Turkey regarding the mutual recognition or enforcement of similar judgments, or the existence of a provision in the laws of that foreign state that allows for the enforcement of Turkish court judgments. While this requirement is generally not required in recognition cases, as per Article 58 of the MÖHUK (Ministry of Customs and Procedure Law), it can be a matter of debate in some specific cases (e.g., the recognition of foreign divorce judgments).
Filing a Recognition Case in Antalya and the Legal Process
To have a foreign court decision recognized, a lawsuit must be filed in Türkiye. In Antalya, such a lawsuit is generally heard in the Civil Courts of First Instance.
The petition must be prepared with the full text of the foreign court decision for which recognition is sought, a document confirming the finality of the decision (apostille or certified), a Turkish translation by a sworn translator, and other relevant documents. The petition must clearly state why the decision should be recognized and the expected legal consequences. The court will review the circumstances of the case and whether the aforementioned recognition requirements are met. After the necessary review, the court will decide to recognize the decision or reject the request.
Filing an Enforcement Case in Antalya and the Legal Process
In order for a foreign court decision to be enforced in Türkiye, it is necessary to file an enforcement action in the Antalya Civil Courts of First Instance.
In enforcement cases, similar to recognition cases, a petition is prepared along with the original or certified copy of the foreign court decision, its final annotation, a sworn translation, and other relevant documents. In enforcement cases, in addition to the recognition requirements, the court also assesses the existence of the principle of reciprocity and the enforceability of the decision. If the court deems that all the enforcement requirements are met, it rules that the decision be enforced. Otherwise, the enforcement request is rejected. Once the enforcement decision becomes final, the foreign court decision becomes enforceable under Turkish enforcement law.
Special Situations and Things to Consider
The processes of recognition and enforcement of foreign court decisions may involve some special conditions depending on the nature of the decision.
Recognizing foreign divorce decrees is crucial, particularly for registering Turkish citizens in civil registry records and updating their marital status. Recognizing these decrees carries numerous legal implications, including the ability to remarry and regulate inheritance rights.
Recognition of foreign inheritance decisions is essential for the registration and distribution of rights over inherited property in Türkiye. Recognition of such decisions ensures that heirs’ rights are secure.
Each of these processes requires a thorough review of foreign and Turkish law, taking into account international agreements and precedents. Complete and proper preparation of documents, accurate sworn translations, and filing the lawsuit in the correct court are critical to the success of the process. Given the complexity and nuances of legal proceedings, seeking the support of a legal professional experienced in the recognition and enforcement of foreign court decisions is crucial to avoid potential loss of rights and expedite the process. Working with a law firm in Antalya that specializes in this field will ensure a smooth and efficient process.