International Private Law and Procedural Law Law No. 5718 (MÖHUK): Recognition/enforcement cases are filed for foreign court decisions to be valid in Türkiye.
Recognition vs Enforcement
- Recognition: The decision takes effect in Türkiye (divorce, adoption)
- Enforcement: Recognition + enforceability (receivable, property)
Conditions (MÖHUK art. 50)
- Mutual agreement (reciprocity)
- The decision is finalized
- Foreign court has jurisdiction
- The defendant has used his right to defense
- It should not be contrary to public order
Process
- Civil court of first instance (authorized)
- Foreign decision + apostille/certification
- Decision translation (Turkish, sworn translator)
- Examination
- Decision (3-12 months)
Typical Cases
- Divorce (taken abroad)
- Custody decisions
- Credit judgments
- Arbitration decisions (New York Convention)
Apostille
- 1961 Hague Apostille Convention
- Turkey is a party
- One approval with apostille is sufficient
- If there is no apostille, consulate approval is required
Supreme Court 2nd HD and 11th HD
2. HD adopts that the "simple trial" procedure should be applied in the recognition of foreign divorce decisions and that it should not be extended unnecessarily.
International law lawyer is recommended.