Recognition & Enforcement Lawyer in Istanbul, Turkey (2025 Guide)
Execute Foreign Court Judgments & Divorce Decrees in Turkey Fast & Effectively.
Istanbul Attorneys is a leading International Law Firm based in Istanbul, Turkey. Our team of expert English-speaking lawyers specializes in the Recognition and Enforcement (Tanıma ve Tenfiz) of foreign court decisions. Whether you need to enforce a commercial debt judgment from the UK, USA, or EU, or recognize a divorce decree to update your civil status, we provide exceptional legal services. We manage the entire litigation process remotely via Power of Attorney, ensuring your foreign rights are legally valid and executable in Turkey.
Understanding the Process: Recognition vs. Enforcement
Foreign court decisions do not automatically have legal effect in Turkey. To be valid, they must go through a specific legal procedure. As Istanbul Attorneys, we guide you through the two distinct legal pathways depending on your needs:
Enforcement (Tenfiz) – For Money & Compensation
If you have won a lawsuit abroad involving money, debt recovery, or compensation, you need 'Enforcement'. This procedure allows the Turkish courts to treat the foreign judgment as if it were a Turkish one, giving you the power to seize assets, freeze bank accounts, and collect your debt in Turkey.
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Ideal For: Commercial disputes, unpaid debts, compensation claims.
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Outcome: Full executive power to collect receivables in Turkey.
Recognition (Tanıma) – For Status & Divorce
If your court decision is about a legal status (declaratory judgment), such as a Divorce Decree or custody ruling, you need 'Recognition'. This process registers your foreign divorce in the Turkish civil registry, officially updating your marital status.
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Ideal For: International divorce, inheritance rights, custody matters.
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Outcome: Official update of ID and civil records; allows remarriage in Turkey.
Secure Your Rights: Why You Must File for Enforcement in Turkey
1. Asset Seizure & Debt Recovery
Winning a case abroad is not enough if the debtor has assets in Turkey. By obtaining an Enforcement Decree (Tenfiz), you gain the legal authority to seize bank accounts, real estate, and vehicles belonging to the debtor in Turkey, ensuring you actually get paid.
2. Update Your Civil Status (Divorce)
Without a Recognition Decree (Tanıma), you are still legally married in Turkish records even if you divorced abroad years ago. This prevents you from remarrying, reverting to your maiden name, or managing inheritance matters legally in Turkey.
3. Cost & Time Efficiency
Re-litigating a case from scratch in Turkey takes years and is expensive. Enforcement is a 'summary proceeding' (basit yargılama usulü). It is much faster and cheaper than starting a new lawsuit, as the court only reviews the procedural validity, not the merits of the case.
4. Stop the Statute of Limitations
Legal claims have expiration dates. Enforcing your foreign judgment in Turkey interrupts the statute of limitations, protecting your right to claim the debt or compensation indefinitely.
The Legal Basis: How Turkish Law Protects Your Foreign Judgments
According to the International Private and Civil Procedure Law (MOHUK), specifically Articles 50-59, Turkey respects and enforces decisions made by foreign courts, provided they meet specific criteria. This legal framework ensures that debtors cannot escape their obligations simply by moving their assets to Turkey.
1. Reciprocity (Mütekabiliyet) - Article 54/a
Reciprocity is the cornerstone of enforcement law. The Turkish court must verify that the country where the decision was issued grants similar rights to Turkish court decisions. This can be established in three ways:
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Treaty Reciprocity: Bilateral judicial assistance agreements (e.g., between Turkey and [Italy/Azerbaijan/China]).
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Legal Reciprocity: The laws of the foreign country explicitly allow the enforcement of Turkish judgments.
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De Facto Reciprocity: Even without a treaty, if the courts of that country (e.g., [USA], [UK], [Germany]) practically enforce Turkish judgments, Turkey will reciprocate.
2. Right of Defense & Due Process - Article 54/c
Turkish law prioritizes the defendant's right to a fair trial. The enforcement request will be rejected if the defendant was not properly summoned or represented in the foreign court.
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Critical Note: Decisions given in strict absence (Default Judgments) are scrutinized heavily. Proof of proper legal notification (Service of Process) is essential.
3. Finality of the Judgment (Kesinleşme) - Article 50
The foreign court decision must be final and binding under the laws of that country. It cannot be subject to further ordinary appeals.
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Required Proof: A 'Certificate of Finality' or an annotation on the court decree, officially translated and apostilled, must be presented to the Turkish Family or Commercial Court.
4. Public Order (Kamu Düzeni) - Article 54/c
The execution of the foreign judgment must not blatantly violate Turkish Public Order (Ordre Public). This is common in Family Law and Custody Cases.
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Example: A foreign decision granting custody without considering the child's best interest, or a commercial decision enforcing punitive damages (which do not exist in Turkish Law), may be partially rejected.
5. Member State Treaties & Conventions
Turkey is a signatory to several key international conventions that simplify this legal process. If your decision comes from a member state, the process is faster:
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The Hague Convention (1970/1980): Regarding the recognition of divorces and legal separations.
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European Convention (Luxembourg 1980): Concerning the recognition and enforcement of decisions concerning custody of children.
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New York Convention (1958): For the recognition and enforcement of foreign [Arbitral Awards].
Why Choose Istanbul Attorneys?
Most agencies just want to sell you a property. As a law firm, our priority is your legal safety and guaranteed citizenship approval. Here is our difference
Remote Representation
You do not need to fly to Turkey for court hearings. We handle the entire litigation process remotely via Power of Attorney. Our team attends all hearings, submits petitions, and sends you regular updates in English.
Asset Tracing Intelligence
We don't just file paperwork; we find the money. Before initiating enforcement, our legal team conducts preliminary asset tracing (Tapu records, vehicle registry, etc.) to ensure the debtor has executable assets, saving you from throwing good money after bad.
Complex Case Expertise
We specialize in complex cross-border cases involving Commercial Law, Family Law, and Compensation. We have successfully enforced judgments from the UK, USA, Germany, Netherlands, and Gulf countries, navigating the specific reciprocity requirements of each jurisdiction.