Türkiye has a civil law system built on the Constitution and codes such as the Civil Code (Law No. 4721), Code of Obligations (Law No. 6098), Penal Code (Law No. 5237), Civil Procedure (Law No. 6100) and Criminal Procedure (Law No. 5271). Cases start in first instance or specialised courts, go on istinaf to a regional court of appeal within two weeks, then to the Court of Cassation. Administrative disputes go to administrative courts and the Council of State, with 30 day appeals. Proceedings are in Turkish; foreigners act through a bar registered lawyer under a notarised power of attorney.
Foreigners usually meet the Turkish legal system at an awkward moment: a tenant who will not leave a flat in Antalya, an unpaid invoice owed by an Istanbul distributor, a residence permit refusal, a police statement after a dispute. The first questions are always the same. Which court hears this, who decides it, how long will it take, and can I deal with it from abroad? The structure is stable, but the detail keeps moving: Law No. 7589 of 16 July 2026 changed the rules on appeals to the Court of Cassation in civil cases and on review by regional administrative courts, so guidance written a few years ago may no longer be accurate. This article maps the whole system for a foreign reader and points to our more detailed guides where a single step needs closer attention.
Türkiye belongs to the continental European civil law tradition. Its main codes were modelled on Swiss, German and Italian law in the early years of the Republic and have since been rewritten. A judge in Türkiye starts from the written text of a statute, not from earlier judgments, and lawyers argue first about what the code says and only then about how the higher courts have interpreted it.
At the top sits the Constitution of the Republic of Türkiye, Law No. 2709. Article 9 provides that judicial power is exercised by independent and impartial courts on behalf of the Turkish Nation, and Article 138 forbids any organ or person from giving orders or instructions to judges. Article 142 requires the organisation, jurisdiction and procedure of the courts to be regulated by law. Under Article 90, international agreements duly put into effect have the force of law, and where an agreement on fundamental rights conflicts with a statute, the agreement prevails. Below statutes come Presidential decrees and regulations.
Most private disputes are decided under the Turkish Civil Code, Law No. 4721 (persons, family, inheritance, property), the Turkish Code of Obligations, Law No. 6098 (contracts, torts, leases), and the Turkish Commercial Code, Law No. 6102 (companies and commercial transactions). Crime is defined by the Turkish Penal Code, Law No. 5237, whose Article 2 states that no one may be punished for an act the law does not expressly define as an offence. Procedure is governed by the Code of Civil Procedure, Law No. 6100, the Code of Criminal Procedure, Law No. 5271, and the Administrative Judicial Procedure Law, Law No. 2577. Disputes with a foreign element add the Code on Private International and Procedural Law, Law No. 5718.
Article 1 of Law No. 4721 tells the judge to apply the code in letter and in spirit, to turn to customary law where the code is silent, and failing that to decide as if acting as legislator, drawing on scholarly opinion and judicial decisions. Precedent is therefore persuasive rather than formally binding, with one important exception: under Article 45 of the Court of Cassation Law, Law No. 2797, decisions on the unification of case law, içtihadı birleştirme kararları, bind the Court of Cassation itself and all ordinary courts. In practice, lower courts follow settled Court of Cassation case law closely, because a judgment that departs from it is likely to be reversed. How those decisions are found and cited is explained in our article on Court of Cassation decisions in Türkiye.
The Turkish judiciary is divided into separate branches. The ordinary courts, adli yargı, the ordinary judiciary dealing with private and criminal matters, hear disputes between individuals and companies and all criminal cases. The administrative courts, idari yargı, review acts of the state and public bodies. Above both stand the Constitutional Court and the Court of Jurisdictional Disputes. Choosing the wrong branch or the wrong court is one of the most common and costly mistakes, a subject covered in our guide to the decision of non-jurisdiction (görevsizlik kararı).
| Court | What It Does |
|---|---|
| Civil court of first instance and civil court of peace | General civil disputes; leases, partition and possession go to the court of peace (Articles 2 and 4 of Law No. 6100) |
| Commercial, consumer, labour and family courts | Specialised first instance civil courts created by Law No. 6102, Law No. 6502, Law No. 7036 and Law No. 4787 |
| Enforcement court | Complaints and objections against enforcement and bankruptcy offices (Article 4 of Law No. 2004) |
| Criminal judgeship of peace, criminal court of first instance, assize court | Investigation measures, ordinary offences and serious offences respectively (Law No. 5235) |
| Regional court of appeal | Appeal (istinaf) on facts and law against first instance civil and criminal judgments |
| Court of Cassation (Yargıtay) | Last instance for decisions of the ordinary courts (Article 154 of the Constitution) |
| Administrative and tax courts | Annulment and full remedy actions against the administration; tax disputes (Law No. 2576) |
| Regional administrative court and Council of State (Danıştay) | Appeal and final review in administrative cases (Articles 45 and 46 of Law No. 2577; Article 155 of the Constitution) |
| Constitutional Court | Review of laws and individual applications for violations of fundamental rights (Article 148 of the Constitution) |
| Court of Jurisdictional Disputes | Final resolution of jurisdiction disputes between ordinary and administrative courts (Article 158 of the Constitution) |
Under Article 2 of Law No. 6100, the civil court of first instance, asliye hukuk mahkemesi, the general civil court, hears property and personal status actions regardless of their value, and every other civil matter not assigned elsewhere. Under Article 4, the civil court of peace, sulh hukuk mahkemesi, hears all disputes arising from a lease relationship (except eviction through enforcement without judgment), the partition of jointly owned property and actions protecting possession. Both sit with a single judge under Article 5 of Law No. 5235. Article 1 of Law No. 6100 makes the rules on subject matter jurisdiction a matter of public order, so the parties cannot choose a different court by contract.
Commercial courts hear commercial cases under Article 5 of Law No. 6102. Consumer courts, under Article 73 of the Consumer Protection Law, Law No. 6502, hear disputes arising from consumer transactions; actions brought there by consumers are exempt from court fees, and a consumer may sue at the court of their own domicile. Smaller consumer claims go first to consumer arbitration committees; the thresholds change every year, as explained in our guide to the jurisdiction of consumer courts. Labour courts, under Article 5 of the Labour Courts Law, Law No. 7036, hear disputes arising from employment relationships. Family courts, established by Law No. 4787 in every province and in districts with a central population above one hundred thousand, hear divorce, custody, maintenance and other family law cases. Where no specialised court exists in a district, a designated civil court of first instance hears the case in that capacity.
Debt collection in Türkiye is largely administrative. A creditor starts proceedings at an enforcement office, icra dairesi, a state office that issues payment orders and carries out attachments, under the Enforcement and Bankruptcy Law, Law No. 2004. Complaints and objections against the acts of these offices go to the enforcement court, icra mahkemesi, under Article 4 of that law. A foreign creditor can therefore often collect a debt without first winning a full trial, although the debtor's objection may then force a court case.
Every criminal case begins with the public prosecutor, Cumhuriyet savcısı. Under Article 160 of Law No. 5271, the prosecutor must start investigating as soon as he or she learns of facts suggesting an offence, and must collect evidence both for and against the suspect. If the evidence creates sufficient suspicion, the prosecutor files an indictment under Article 170; if not, he or she issues a decision of non-prosecution under Article 172. The victim can object to that decision within two weeks of service before the criminal judgeship of peace, under Article 173. A foreigner who is a victim of fraud, assault or theft therefore deals first with the prosecutor's office, not with a court.
Law No. 5235 sets up three bodies. The criminal judgeship of peace, sulh ceza hâkimliği, under Article 10, takes the judicial decisions needed during the investigation, such as arrest, search and asset freezing, and hears objections to them. The assize court, ağır ceza mahkemesi, under Article 12, sits as a panel of three judges and hears offences punishable by more than ten years' imprisonment as well as listed offences such as robbery and fraudulent bankruptcy. The criminal court of first instance, asliye ceza mahkemesi, hears everything else under Article 11. Under Article 150 of Law No. 5271, a suspect may ask for a defence lawyer to be appointed, and appointment is mandatory where the offence carries a minimum of more than five years. Our criminal law team acts for foreign suspects, defendants and victims at each of these stages.
Since July 2016, when the regional courts of appeal began work, the ordinary courts have had three tiers. The first appeal, istinaf, an appeal on facts and law, goes to the regional court of appeal, bölge adliye mahkemesi. In civil cases, Article 341 of Law No. 6100 allows it against final decisions and certain interim measure decisions, and Article 345 sets a time limit of two weeks from service of the judgment. Very small property claims are final at first instance; the monetary limit is revalued every year. The regional court can review the evidence and, under Article 353, often renders a new decision on the merits itself rather than sending the file back.
The second appeal, temyiz, an appeal on points of law, goes to the Court of Cassation, Yargıtay, within two weeks of service under Article 361. Article 362 excludes many decisions, including those below an annually revalued monetary threshold and most civil court of peace cases; Law No. 7589 added a new paragraph in July 2026 on when a new decision of the regional court can be taken further. Criminal appeals follow the same pattern: two weeks for istinaf under Article 273 and two weeks for temyiz under Article 291 of Law No. 5271, with Article 286 listing the decisions that cannot reach the Court of Cassation. Time limits in civil cases are also affected by the summer recess from 20 July to 31 August under Articles 102 and 104 of Law No. 6100; see our article on the judicial recess.
A foreigner who challenges a residence permit refusal, a deportation order, a zoning decision, a tax assessment or a fine imposed by a public body goes to the administrative branch. Under Article 5 of Law No. 2576, administrative courts hear annulment actions and full remedy actions (claims for compensation against the administration), while tax courts hear tax disputes under Article 6. Under Article 7 of Law No. 2577, the general time limit to sue is sixty days before administrative courts and thirty days before tax courts, counted from written notification, unless a special law sets a different period. Some laws set much shorter periods; for example, Article 53 of the Law on Foreigners and International Protection, Law No. 6458, allows only seven days to challenge a removal (deportation) decision, so the deadline must be checked on the day the decision arrives.
Under Article 45 of Law No. 2577, an appeal lies to the regional administrative court, bölge idare mahkemesi, within thirty days of service, except for low value cases, which are final. Under Article 46, only listed categories of case and, with exceptions, cases where the regional court has itself rendered a new decision can be taken to the Council of State, Danıştay, also within thirty days. Article 155 of the Constitution makes the Council of State the last instance for administrative court decisions. Both articles were amended by Law No. 7589 in July 2026, and the monetary limits they contain should be checked for the year in which the case is filed.
Article 148 of the Constitution allows everyone to apply to the Constitutional Court, Anayasa Mahkemesi, claiming that a public authority has violated a fundamental right protected both by the Constitution and by the European Convention on Human Rights, once ordinary legal remedies are exhausted. Under Article 47 of Law No. 6216, the application must be made within thirty days of exhaustion, and under Article 46 foreigners may apply except in respect of rights reserved to Turkish citizens. The Court does not act as a further appeal on the facts; it asks whether a right such as a fair trial within a reasonable time or the right to property was breached. An application to the European Court of Human Rights normally comes only after this step.
Under Article 158 of the Constitution and Article 1 of Law No. 2247, the Court of Jurisdictional Disputes, Uyuşmazlık Mahkemesi, resolves with finality disputes between the ordinary and administrative courts over which branch has jurisdiction, and conflicting judgments between them. It matters in cases on the border between the two branches, such as compensation claims against public bodies.
Judges and prosecutors in Türkiye are career officials who enter the profession after law school and training; there are no juries and no lay judges in ordinary cases. Their appointment, transfer, promotion and discipline are handled by the Council of Judges and Prosecutors, Hâkimler ve Savcılar Kurulu, under Article 159 of the Constitution. Judges rotate between posts, so the judge who hears the first session of a long case may not be the one who decides it.
Under Article 35 of the Attorneyship Law, Law No. 1136, giving legal opinions and representing others before courts is reserved to lawyers registered with a Turkish bar. Article 3 requires Turkish citizenship, a Turkish law degree or a recognised equivalent, completion of the traineeship and residence in the bar's region. Under Article 44, foreign law firms in Türkiye may only advise on foreign and international law. Every individual may still conduct his or her own case, but for a foreigner who does not read Turkish this is rarely realistic. Before signing anything, check that your lawyer is on the bar register, as described in our guide on how to verify a lawyer in Türkiye.
For several categories of dispute, applying to a mediator is a condition of the action, dava şartı: a lawsuit filed without it is dismissed on procedural grounds. Under Article 3 of Law No. 7036 this applies to claims for employee or employer receivables and reinstatement; the mediator must conclude within three weeks, extendable by one week. Under Article 5/A of Law No. 6102 it applies to commercial claims for a sum of money, with six weeks extendable by two. Article 73/A of Law No. 6502 extends it to consumer court disputes, and Article 18/B of the Law on Mediation in Civil Disputes, Law No. 6325, added since 2023 lease disputes, partition, condominium disputes under Law No. 634 and neighbour disputes. The Constitutional Court annulled in 2024 (decision E.2023/160, K.2024/77) the rule in Article 18/A(11) of Law No. 6325 that made a party who skipped the first meeting without a valid excuse bear all litigation costs even after winning, but missing the meeting still ends the mediation without a settlement, so a foreign party should send a lawyer with express authority to attend. Under Article 18/A(15), limitation periods are suspended while the mediation runs.
Under Article 3 of the Constitution, the language of the State is Turkish, and all petitions, hearings and judgments are in Turkish. In criminal proceedings, Article 202 of Law No. 5271 requires an interpreter for a suspect, accused or victim who does not know Turkish well enough, at both the investigation and trial stages, and Article 324(5) provides that this interpreter's cost is borne by the State. In civil proceedings, Article 263 of Law No. 6100 requires a witness who does not speak Turkish to be heard through an interpreter. Documents in a foreign language are filed with a sworn Turkish translation, and documents issued abroad usually need an apostille or consular legalisation. Under Article 149 of Law No. 6100, a party or lawyer may ask to attend a hearing by simultaneous audio and video link, and under Article 445 actions can be filed and files examined electronically through the National Judiciary Informatics System, UYAP.
Article 141 of the Constitution makes it the duty of the judiciary to conclude trials as quickly and cheaply as possible, but real durations vary widely. A straightforward enforcement objection or an interim injunction may be decided within weeks; a contested commercial or construction case that needs an expert report usually takes well over a year at first instance, and each appeal adds further time. Courts in large cities carry heavy workloads, hearings are often adjourned for evidence or expert reports, and the summer recess slows proceedings. Any lawyer who promises a fixed date for a contested case should be treated with caution; a realistic estimate depends on the court, the need for experts and whether the opponent appeals.
Under Article 120 of Law No. 6100, a claimant must pay the court fees and a cost advance, set annually by the Ministry of Justice, when filing. For money claims, a proportional decision fee is due under the Law on Fees, Law No. 492, and Article 28 requires one quarter of it in advance, the rest after judgment. Under Article 326 of Law No. 6100, the losing party bears the costs, including a counter attorney's fee under the official minimum tariff, which is explained in our article on attorney fees and counter fees. A specific point for foreigners: under Article 48 of Law No. 5718, a foreign claimant must provide security for the defendant's costs, unless the court exempts the claimant on the basis of reciprocity or a treaty reserved by Article 1 of that law applies, and under Article 334(3) of Law No. 6100, foreigners can obtain legal aid only on a reciprocity basis.
| Step | Time Limit |
|---|---|
| Civil istinaf appeal | Two weeks from service of the judgment (Article 345 of Law No. 6100) |
| Civil appeal to the Court of Cassation | Two weeks from service (Article 361 of Law No. 6100) |
| Criminal istinaf and temyiz | Two weeks from service of the reasoned judgment (Articles 273 and 291 of Law No. 5271) |
| Objection to non-prosecution | Two weeks from service (Article 173 of Law No. 5271) |
| Administrative action | Sixty days; thirty days in tax courts, unless a special law differs (Article 7 of Law No. 2577) |
| Administrative istinaf and Council of State appeal | Thirty days from service (Articles 45 and 46 of Law No. 2577) |
| Individual application to the Constitutional Court | Thirty days from exhaustion of remedies (Article 47 of Law No. 6216) |
Most foreign clients never need to attend court in person. Under Article 76 of Law No. 6100, a lawyer must file the original or a certified copy of a power of attorney, vekâletname, drawn up or certified by a notary. It can be signed at a Turkish notary during a visit, at a Turkish consulate abroad, or before a local notary with an apostille and a sworn Turkish translation. Article 74 lists acts a lawyer can perform only with express authority, including settlement, waiver of the action or of appeals, acceptance of the opponent's claim, arbitration agreements and recourse to alternative dispute resolution such as mediation. A general litigation power that omits these can block a settlement at the decisive moment. Format, wording and revocation are covered in our guide to the power of attorney in Türkiye. Personal attendance is still required in some situations: a civil court may order a party to be questioned in person under Article 169 of Law No. 6100, and under Article 193 of Law No. 5271 a criminal trial is not, as a rule, held in the absence of the accused.
Civil law. Judges apply written codes such as Law No. 4721 and Law No. 6098 first, using case law as guidance, with unification decisions of the Court of Cassation being binding.
First instance courts, regional courts of appeal for istinaf, and the Court of Cassation in the ordinary branch; administrative courts, regional administrative courts and the Council of State in the administrative branch.
No. Cases are decided by professional judges, sitting alone in most first instance courts and as panels in assize courts, in commercial courts for larger claims and in the higher courts.
Two weeks from service in civil and criminal cases for istinaf and for appeal to the Court of Cassation, and thirty days in administrative cases.
No. Under Article 35 of Law No. 1136 only lawyers registered with a Turkish bar may represent clients, and foreign firms may advise only on foreign and international law.
Usually not. A lawyer acting under a notarised power of attorney can file and attend hearings, although some family and criminal matters require personal attendance.
In criminal cases the court or prosecutor must appoint one and the State pays; in civil cases foreign witnesses are heard through an interpreter and foreign documents need sworn translations.
Yes for labour, commercial money claims, consumer court disputes, lease, partition, condominium and neighbour disputes; otherwise the action is dismissed on procedural grounds.
Under Article 48 of Law No. 5718 yes, unless the court exempts the claimant on the basis of reciprocity or a treaty with the claimant's state provides otherwise.
Under Article 326 of Law No. 6100 the losing party pays the court costs and a counter attorney's fee calculated under the official minimum tariff.
The administrative courts, not the civil or criminal courts, and the time limit to sue is often shorter than the general sixty days.
Yes, within thirty days of exhausting ordinary remedies, except for rights reserved to Turkish citizens under Article 46 of Law No. 6216.
The court issues a decision of non-jurisdiction, and a party must apply within two weeks to have the file sent to the correct court, or the case is deemed not filed.
It depends on the court, the need for expert reports and appeals; simple applications may take weeks, while contested cases commonly take more than a year at first instance alone.
The Turkish legal system is a code based civil law system with two separate judicial branches, a three tier ordinary court structure since 2016, an administrative branch topped by the Council of State, and a Constitutional Court open to individual applications. For a foreigner the practical risks are less about the substantive law than about procedure: choosing the right court, completing mandatory mediation, meeting two week and thirty day appeal deadlines, filing documents in Turkish, providing security for costs and giving a lawyer a power of attorney that contains every authority the case may need.
If you are facing a dispute, an investigation or an administrative decision in Türkiye and want to know which court is competent, which deadlines apply and how to act from abroad, our legal team can review your situation and explain the steps available under the current law.
