A foreign civil or commercial judgment can be executed in Türkiye only after a Turkish court grants enforcement (tenfiz) under Article 50 of Law No. 5718. The judgment must be final in its country of origin. The petition goes to the first instance court of the debtor's domicile or residence, or to Ankara, Istanbul or İzmir, with the certified judgment, a certified finality document, apostille and sworn translations (Article 53). Under Article 54 the court checks reciprocity, exclusive Turkish jurisdiction, public order and proper summons. Collection then follows under Law No. 2004.
A creditor who has won a money judgment in London, Frankfurt, Amsterdam, New York or Dubai often finds that the debtor's assets are in Türkiye: a flat in Istanbul, shares in a Turkish company, bank accounts. The foreign judgment cannot simply be handed to a Turkish enforcement office. It must first pass through a tenfiz davası, an action for enforcement (exequatur), under the Code on Private International and Procedural Law, Law No. 5718. The Turkish court does not rehear the dispute; it checks a short list of conditions and grants or refuses enforcement. Collection then follows under the Enforcement and Bankruptcy Law, Law No. 2004.
Under Article 50 of Law No. 5718, judgments of foreign courts in civil matters that have become final under the law of the state where they were given may be executed in Türkiye only after the competent Turkish court issues an enforcement decision. Until then the judgment has no executory force here.
Tenfiz is not a retrial: review is limited to Articles 50 to 54, and the debtor's objections to Article 55 (section 6). The creditor proves the judgment and its finality, not the debt. Article 1(2) also reserves international conventions to which Türkiye is a party, so any treaty with the creditor's state is checked first. Enforcement gives executory force; tanıma, recognition, gives only res judicata or evidential effect (section 10). Foreign divorce judgments raise their own issues and are covered in our article on recognition and enforcement of foreign divorce decisions.
Article 50(1) covers judgments in civil matters: contractual and commercial claims, damages, loan repayments, costs orders, employment and maintenance awards. Under Article 50(2), enforcement may also be sought for the provisions of a foreign criminal judgment concerning personal rights, such as compensation to the victim, but not for fines or sentences. Arbitral awards follow separate rules (section 11).
The judgment must be final, kesinleşmiş, under the law of the state of origin. A judgment still open to ordinary appeal there, or only provisionally enforceable, does not qualify, and interim orders such as asset preservation injunctions generally fall outside Article 50. Default judgments are not excluded as such, provided the debtor was duly summoned (section 5.4). Under Articles 52(1)(c) and 56, enforcement can be requested and granted for part of a judgment only, for example the principal, interest and costs.
Article 51(1) gives jurisdiction to the asliye mahkemesi, the court of first instance. In practice the case goes to the first instance court that would hear the same dispute domestically: the commercial court of first instance for commercial judgments, the family court for maintenance, otherwise the civil court of first instance.
Under Article 51(2), venue is the court of the debtor's domicile in Türkiye or, failing that, of the place where the debtor resides. If the debtor has neither, the creditor may choose a court in Ankara, Istanbul or İzmir. Unlike Article 60(2) for arbitral awards, the location of assets is not a ground of venue: a debtor living abroad who owns a villa in Antalya is sued in one of those three cities.
Anyone with a legal interest may apply, with one copy per opposing party. The petition states the parties and their representatives, the state, court, date, number and summary of the judgment, and, for partial enforcement, which part is sought. It should also show why each Article 54 condition is met, with the reciprocity evidence attached.
Two documents are required: the original judgment duly certified by the authorities of that country, or a copy certified by the court that gave it; and a document duly certified by those authorities showing that the judgment is final. Each needs a certified translation. The finality document causes the most delay, as many systems issue no standard certificate; a registry certificate confirming that no appeal was lodged in time, or that the appeal was decided, usually serves. A letter from the creditor's own lawyer does not.
Türkiye is party to the Hague Convention of 5 October 1961 abolishing legalisation, so documents from other contracting states need an apostille and documents from other states need consular legalisation. Both the judgment and the finality document must carry it (see our article on apostille rules in Türkiye). The translation is usually made in Türkiye by a yeminli tercüman, a sworn translator, and certified by a notary, including the apostille page.
The Turkish lawyer needs a power of attorney signed before a notary abroad and apostilled, or signed at a Turkish consulate (see power of attorney abroad for Türkiye). Under Article 4 of the Law on Fees, Law No. 492, the fee for an enforcement action is collected under Schedule No. 1 according to the value, type and nature of what the judgment awarded, so for a money judgment it is calculated on the amount sought; the rates are revalued every year.
Reciprocity, public order and exclusive jurisdiction are examined by the court of its own motion. The genuine connection test and the right of defence are examined only if the debtor objects.
There must be karşılıklılık, reciprocity, between Türkiye and the state of origin in one of three forms: a treaty based on reciprocity, a statutory provision in that state, or a de facto practice there allowing Turkish judgments to be enforced. A treaty is proven by its text and publication in the Official Gazette. A statute is proven by the translated provisions and, ideally, a legal opinion from a lawyer of that state explaining how a Turkish judgment would be treated. De facto practice is proven with copies of foreign decisions that enforced Turkish judgments. Under Article 2 the judge establishes foreign law ex officio and may ask the parties for help, but a thin file causes delay. For countries with several legal systems, such as the United States, where recognition of foreign judgments is a matter of state law, reciprocity should be shown for the state whose court gave the judgment; the same logic applies within the United Kingdom.
The judgment must not concern a matter within the exclusive jurisdiction of Turkish courts. The main example is Article 12 of the Code of Civil Procedure, Law No. 6100: actions on rights in rem over an immovable belong exclusively to the court where it is located. A foreign judgment transferring title to an Istanbul flat will not be enforced, but a money judgment against its owner can be, and the flat attached. That a Turkish court was also competent does not make its jurisdiction exclusive (see Article 47 of Law No. 5718). If the debtor objects, the court also checks that the foreign court did not assume jurisdiction without a genuine connection to the subject matter or the parties. A jurisdiction clause, the debtor's domicile or the place of performance will normally satisfy this.
The judgment must not be manifestly contrary to kamu düzeni, Turkish public order. The test is whether the result clashes with fundamental values of Turkish law, not whether a Turkish court would have decided differently; arguments that the foreign court erred are a disguised review of the merits. Where one element is objectionable, the rest can be enforced under Article 56.
If the debtor objects, the court checks whether, under the law of the foreign court, the debtor was properly summoned or represented and whether any default judgment complied with that law. Türkiye is party to the Hague Service Convention of 15 November 1965 and has declared its opposition to the methods in Article 10, which include service by post. A debtor in Türkiye served only by post, courier or email therefore has a ready objection; service through the Turkish Central Authority, or proof that the debtor appeared and defended, makes the file much stronger.
| Condition | How it is shown in practice |
|---|---|
| Final civil judgment (Article 50) | Certified judgment and finality document with translations (Article 53); examined of the court's own motion |
| Reciprocity (Article 54(a)) | Treaty text, foreign statute with legal opinion, or foreign decisions enforcing Turkish judgments; own motion; not required for recognition |
| No exclusive Turkish jurisdiction (Article 54(b)) | Nature of the claim shown by the judgment; own motion; rights in rem over immovables in Türkiye excluded |
| Genuine connection with the foreign court (Article 54(b)) | Only on objection; jurisdiction clause, debtor's domicile or place of performance |
| Public order (Article 54(c)) | The judgment and its reasoning; own motion; partial enforcement possible |
| Proper summons (Article 54(ç)) | Only on objection; proof of service under the foreign court's law, Hague Service Convention certificates, records of appearance |
The petition is served on the debtor with the hearing date. Under Article 55(2) the debtor may object only that the conditions for enforcement are not met, that the judgment has been satisfied in whole or in part, or that a ground preventing its execution has arisen. The merits cannot be reopened. Because partial payment is a legitimate objection, the creditor should seek enforcement only of the outstanding balance.
Under Article 55(1) the case is heard under the basit yargılama usulü, the simple procedure. Under Article 317 of Law No. 6100 the debtor has two weeks to respond, extendable once by up to two weeks, with no reply or rejoinder. Service abroad can delay the first hearing by months. Under Article 56 the court enforces in whole or in part or rejects the request, and the decision is written under the foreign judgment and sealed and signed by the judge.
Under Article 57(2) appeals follow the general rules: istinaf to the regional court of appeal within two weeks of service (Article 345 of Law No. 6100), then temyiz to the Court of Cassation within two weeks (Article 361), if the value exceeds the threshold in Article 362, revalued annually. An appeal stays execution, which is why early interim attachment (section 8) matters.
Article 48 of Law No. 5718 requires foreign natural and legal persons who bring an action or start enforcement proceedings in Türkiye to give teminat, security, set by the court for costs and the opponent's loss, but the court must exempt them on the basis of reciprocity. Türkiye acceded to the Hague Convention of 1 March 1954 on civil procedure, in force for Türkiye since 11 July 1973; its Article 17 bars security based on foreign nationality for nationals of a contracting state domiciled in one of those states. Otherwise expect a cash deposit or bank guarantee; see our article on security requirements for foreigners.
Under Article 257 of Law No. 2004, the creditor of a matured money debt not secured by a pledge may obtain ihtiyati haciz, interim attachment, over the debtor's movables, immovables, receivables and other rights, including those held by a bank. Under Article 258 the creditor must satisfy the court of the claim, for which the foreign judgment and finality document are the obvious evidence, and the court may decide without hearing the debtor.
Article 259 requires security unless the claim is based on a court judgment; for documents having the nature of a judgment, the court decides. Whether a foreign judgment qualifies before tenfiz is open to argument and practice varies, so the creditor should be ready to give security. Under Article 264, an attachment carried out before any action must be followed by an action or enforcement request within seven days; if ordered while the action is pending, enforcement must be requested within one month of service of the judgment on the merits. Otherwise the attachment lapses. Filing the enforcement action and the attachment request together is usually the safest course.
Under Article 57(1) of Law No. 5718, an enforced foreign judgment is executed like a Turkish one, through ilamlı takip, enforcement based on a judgment. Under Article 58 of Law No. 2004, a foreign currency claim states the exchange rate date relied on. The office serves an icra emri, an enforcement order, requiring payment within seven days and a declaration of assets (Article 32). The debtor may apply to the enforcement court within seven days only on extinguishment, time for payment or limitation (Article 33). Attachment and sale follow, as explained in our guide to debt collection in Türkiye. Against an insolvent merchant, bankruptcy may be the stronger route (see Turkish bankruptcy law for foreign creditors), and our enforcement and bankruptcy practice handles both.
| Stage | Time limit or rule |
|---|---|
| Filing the enforcement action | No deadline in Law No. 5718 |
| Debtor's response | Two weeks, one extension of up to two weeks (Article 317, Law No. 6100) |
| Istinaf and temyiz | Two weeks each from service (Articles 345 and 361, Law No. 6100); appeal stays execution |
| Interim attachment before any action | Action or enforcement within seven days (Article 264, Law No. 2004) |
| Payment after enforcement order | Seven days, with declaration of assets (Article 32) |
| Debtor's application to enforcement court | Seven days, limited grounds (Article 33) |
| Judgment based enforcement | Time barred ten years after the last procedural act (Article 39) |
A judgment that dismisses a claim, confirms termination of a contract or establishes a status may only need to be relied on as res judicata or conclusive evidence. Under Article 58 this requires a court finding that the enforcement conditions are met, except reciprocity, which does not apply. The same procedure applies where an administrative act, such as a civil registry entry, is to be based on the foreign judgment. Under Article 59 the effect runs from the date the foreign judgment became final.
Arbitral awards are enforced under the New York Convention of 1958, in force for Türkiye since 1992 with reciprocity and commercial reservations, and Articles 60 to 63 of Law No. 5718. Venue is the court agreed in writing or, failing that, of the debtor's domicile, residence or assets (Article 60), and most refusal grounds in Article 62 must be proven by the debtor. See our article on international arbitration in Türkiye.
No. Under Article 50 of Law No. 5718 a Turkish court must first issue an enforcement decision.
No. It checks only Articles 50 to 54, and Article 55 limits the debtor to those conditions, payment or a ground preventing execution.
Yes, if the Article 54 conditions are met; reciprocity must be shown for the legal system of the court that gave it.
The same conditions apply; for a US judgment, reciprocity is assessed for the state whose court gave it.
The first instance court of the debtor's domicile or residence in Türkiye, otherwise a court in Ankara, Istanbul or İzmir (Article 51).
The certified judgment and a certified finality document with certified translations (Article 53), apostilled or legalised, plus a power of attorney.
No. Article 50 requires finality under the law of the state of origin.
Yes, unless the debtor shows it was not duly summoned or represented under the foreign court's law (Article 54(ç)).
Under Article 48 of Law No. 5718 yes, unless exempt on reciprocity, for example under Article 17 of the 1954 Hague Convention.
Yes, by interim attachment under Article 257 of Law No. 2004, though security may be required under Article 259.
No period is fixed; under the simple procedure, duration depends mainly on service and on whether an appeal is lodged.
No. Article 58 of Law No. 5718 excludes it.
No. Rights in rem over immovables in Türkiye fall within exclusive Turkish jurisdiction (Article 12 of Law No. 6100).
Enforcing a foreign judgment in Türkiye takes two steps: a tenfiz decision under Articles 50 to 57 of Law No. 5718, then ordinary enforcement under Law No. 2004. The court checks finality, reciprocity, exclusive jurisdiction, public order and, on objection, proper summons. Most failures come from the file: a missing finality document, unproven reciprocity, defective service or assets that vanished during the case.
If you hold a foreign judgment against a party with assets in Türkiye, plan the documents, reciprocity evidence and attachment strategy together before filing, and our legal team can review your judgment and advise on the available steps.
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