A foreign investor who is running a business in Turkey may need to obtain the recognition and enforcement of a foreign judgment, from his country of residence or any other foreign country in Turkey. The recognition is regulated by Law no. 5718 and it applies only for final judgments of foreign courts and it can be used in Turkey for administrative procedures.
Besides the Law no. 5718, there numerous agreements signed between Turkey and other countries regarding the recognition of foreign judgments. Turkey and the countries with which it has signed the agreements recognize reciprocally the judgments issued by their courts.
Certain types of decisions, such as the ones related to change of name, divorce or adoption, will be recognized and only after that they will be valid in Turkey. In other cases, the recognition of foreign judgments is very important for businessmen, especially when they are involved in international transactions.
Foreign entrepreneurs who want to obtain the recognition of a foreign judgment may contact a lawyer in Turkey who will assist them and offer information about the procedures to be followed.
Legal conditions for recognition
Only legal and final decisions of the foreign courts can be recognized and enforced in Turkey. The Turkish law doesn’t stipulate that other documents, such as payment orders or other titles, can be recognized in this country. In order to be enforced in Turkey, a foreign judgment should be enforceable according to the laws in the country where it was taken.
In order to be recognized in Turkey, a foreign judgment must be taken by a court which has jurisdiction to handle a trial on a specific issue. If a foreign judgment falls under the jurisdiction of the courts in Turkey, it can’t be enforced in this country and the request will be refused.
The authorities from Turkey will enforce a foreign judgment only if it respects the public order and the laws related to this. Another condition for the enforcement is that the person who lost the trial has been represented in front of the court according to the law, during the trial.
The legal system from Turkey is friendly for foreign investors and the authorities simplified the procedures in order to attract foreign entrepreneurs interested in doing business in this country. If you need more information about the judicial system or the recognition of foreign judgments, you may contact one of our Turkish lawyers.