For court decisions issued by foreign state courts to constitute a final judgment and evidence within the borders of the Republic of Turkey, they must undergo recognition and enforcement procedures.
What is a Recognition and Enforcement Lawsuit?
Court decisions issued in another country are not automatically valid within the borders of the Republic of Turkey. For decisions rendered by foreign courts to be recognized and accepted in Turkey, a recognition and enforcement lawsuit must be filed. Decisions made in a foreign country are not executed by the relevant authorities in Turkey unless they have been made valid within the borders of the Republic of Turkey through the recognition and enforcement process.
A recognition lawsuit aims for a court decision made by a foreign state to be fully accepted in Turkey. In such cases, the effects of the recognition lawsuit occur automatically, and enforcement is not necessary. Divorce cases are an example of this.
Enforcement lawsuits, on the other hand, are filed to determine whether the foreign court decision meets the conditions for recognition and whether it can be executed by the enforcement court. Each recognition court includes an enforcement lawsuit within its jurisdiction.
In practice, recognition and enforcement lawsuits often arise within the scope of family law. Civil courts of first instance are authorized to handle recognition and enforcement lawsuits.
Conditions Required for Recognition and Enforcement Lawsuits
1- The decision must be final and binding.
2- The principle of reciprocity must exist.
3- The decision must have been made on a matter that does not fall within the exclusive jurisdiction of Turkish courts.
4- The judgment given in the foreign country must not violate public order.
5- The party against whom enforcement is requested must have been granted the right to defense.
Provisions of the International Private and Procedural Law (MÖHUK) Regarding Recognition and Enforcement Lawsuits
According to Article 55/1 of the International Private and Procedural Law (MÖHUK), recognition and enforcement lawsuits are subject to simplified trial procedures. Additionally, under Article 52 of MÖHUK, anyone who has an interest in the enforcement of a foreign court decision may file an enforcement lawsuit. This provision is also applied by analogy to recognition lawsuits.
Furthermore, the main conditions that must be met for the recognition and enforcement of a foreign country’s decision are regulated in Article 50 of MÖHUK. These conditions can be summarized as follows:
The party against whom enforcement is requested must have been granted the right to defense.
The decision must be final and binding,
The principle of reciprocity must exist,
The decision must have been rendered in a matter that does not fall within the exclusive jurisdiction of Turkish courts,
The judgment given in the foreign country must not violate public order,
What Documents Are Required for a Recognition and Enforcement Lawsuit?
1- Apostille certification (Apostille is a document authentication system that allows a document to be legally used in another country.)
2- Copies of passport and identity card
3- Translation of the court decision and apostille certification through a sworn translator certified by the consulate
4- Original or notarized copy of the decision issued by the foreign state’s court
How Long Does a Recognition and Enforcement Lawsuit Take?
The duration of recognition and enforcement lawsuits is not definite. This period can be very short or may extend over a long time. Factors such as the parties’ situation, the nature of the judgment, and objections to the decision affect the length of the recognition and enforcement process. The inability to reach the defendant is also one of the factors that prolong the process. The main point is not how long the recognition and enforcement lawsuit will take, but to act in accordance with the procedure throughout the process. Violations of procedural rules often result in the failure of many recognition and enforcement lawsuits.
Recognition and Enforcement Lawsuit Regarding Divorce
For divorce decisions issued by foreign courts abroad to be valid in Turkey, it is mandatory to follow the recognition and enforcement procedure. If the recognition and enforcement procedure is not followed, the divorce decision is considered null and void by the relevant authorities of the Republic of Turkey.
A recognition and enforcement lawsuit regarding divorce must be filed with the Turkish Family Courts. The lawsuit is filed either in the place where the ex-spouse resides in Turkey, or if there is no residence, in the place where they actually live. If neither of these locations is available, the lawsuit can be filed in one of the family courts in Ankara, Istanbul, or Izmir.
Recognition and Enforcement Lawsuit Regarding Custody Decision
In Turkish law, custody can only be granted to the mother or the father. In this case, only the mother and father have the right to custody. Custody decisions given to the mother or father by foreign court rulings can be made valid within the borders of the Republic of Turkey through recognition and enforcement lawsuits. However, if the recognition and enforcement decision concerns the enforcement of custody granted to a relative, this procedure is not valid, as it contradicts the regulations in Turkish law. In cases where recognition and enforcement cannot be carried out in this way, the issue can be resolved by filing a new guardianship lawsuit.
Awarding Compensation Through Recognition and Enforcement Lawsuits
One of the issues related to the enforcement of foreign court decisions is whether decisions involving compensation can be enforced in the Republic of Turkey. As a result of the enforcement lawsuit, a compensation decision, which is an executory decision issued by a foreign court, becomes enforceable and payable after being recognized and enforced by Turkish courts. In this way, provisions of foreign court decisions, such as material and moral compensation that cannot be automatically enforced in Turkey, become enforceable.
Results of Recognition and Enforcement Lawsuits
When a recognition decision is made regarding a foreign court ruling, it means that the ruling is also accepted within the borders of the Republic of Turkey, and the legal situation becomes recognized. Therefore, the ruling is considered conclusive evidence and a final judgment. Unlike the recognition decision, the enforcement decision grants the authority to execute the relevant ruling. Turkish courts cannot issue any additional rulings during the enforcement of foreign court decisions, but they may decide on partial enforcement of the ruling.
Foreign Lawyer in Antalya – Antalya Lawyer
As can be seen, it is essential to follow the recognition and enforcement procedure for decisions made by foreign courts to be accepted within the borders of the Republic of Turkey. These procedures must be conducted in strict compliance with legal formalities and diligence. In practice, many recognition and enforcement cases fail due to violations of procedural rules. To help you avoid such losses, our law office provides assistance regarding recognition and enforcement lawsuits.
