The questions below offer a general framework on the recognition and enforcement of foreign judgments, service abroad, foreign powers of attorney, and the applicable law. In a specific case, the time limits, documents, and the regulations in force are assessed separately.
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What does recognition or enforcement of a foreign court judgment in Türkiye mean?
Recognition provides for the acceptance in Türkiye of the res judicata or conclusive evidence effect of a foreign court judgment; enforcement (tenfiz) provides for enforceable provisions to acquire compulsory enforceability in Türkiye.
Under Law No. 5718 on Private International and Procedural Law (MÖHUK), the recognition and enforcement of foreign judgments are attached to separate legal consequences. Conditions such as the judgment having been rendered by a foreign court and having become final, the exclusive jurisdiction of the Turkish courts, the right of defence and public policy are examined according to the file. Reciprocity is regulated with respect to enforcement under Article 54/1-a of MÖHUK; under Article 58, this condition is not required for recognition. For certain foreign divorce judgments, registration with the civil registry (nüfus idaresi) may additionally be available.
How are documents of a case in Türkiye served on a defendant abroad?
The international service procedure applies according to the country and the convention concerned.
The scope of Law No. 7201, the Hague Service Convention, or a bilateral agreement, the translation, and the conditions for transmission through the central authority should be examined. Sending an ordinary email is not considered proper service in every case.
Can a power of attorney issued in a foreign country be used in Türkiye?
It can be used if the conditions are met; the need for authentication and translation varies according to the document and the country.
The consulate power of attorney, apostille, certification, and notarized translation processes should be kept separate. Special powers such as transfer of immovable property and authority to litigate must be expressly included in the text of the power of attorney.
Which country’s law applies to an international sales contract?
It depends on the legal nature of the contract, a valid choice of law, and mandatory rules.
The Law on Private International and Procedural Law (MÖHUK) and any applicable international conventions, the parties’ places of residence, the place of delivery, and the arbitration clause are assessed. The choice of law and the court in which the dispute will be heard are separate matters.
Can a company abroad file a lawsuit in Türkiye?
Yes; procedural conditions such as capacity to be a party, representation, and security are examined separately.
Trade registry documents, the authorized representative, the apostille or consular authentication, and translation needs should be checked. For foreign companies, the exceptions to the security obligation depend on the specific country and agreement.