Enforcing a Foreign Court Judgment in Türkiye (Tenfiz)

A case won abroad does not produce effects in Türkiye automatically: a foreign court judgment cannot be enforced unless a Turkish court grants enforcement (tenfiz). Enforcement is the bridge that gives a foreign judgment the force of a Turkish judgment, and it is the first step of an enforcement strategy.

🌍 Conditions for Recognition and Enforcement

Under Turkish private international law legislation, enforcement requires that the judgment is final, that reciprocity exists with the state that issued it, that it is not manifestly contrary to Turkish public order and that the debtor's right of defence was not violated; the court does not re-examine the merits of the judgment. Recognition is requested where a finding on the legal position is enough, and enforcement where compulsory performance is needed. The competent court is, as a rule, the court of first instance (asliye mahkemesi).

⚙️ Enforcement After Recognition

Once the enforcement decision becomes final, the foreign judgment can be pursued through judgment-based enforcement proceedingsTR: an enforcement order is sent, the debtor cannot stop the proceedings by objection, and attachment, bank enquiriesTR and sale tools come into play for collection. For claims in foreign currency, the exchange rate and the start date of interest depend on the scope of the judgment and the form of the request; setting these items up correctly before the proceedings begin determines the arithmetic of collection.

🧭 Practical Strategy

For the creditor, timing matters: if there is a risk of the debtor moving assets away while the enforcement case is pending, precautionary attachmentTR and security tools are assessed; suspicious transfers may be examined in an action to annul transactionsTR. For the debtor, the defence focuses on the absence of the enforcement conditions, especially defects in service of process and in the right of defence. The enforcement of arbitral awards is subject to a similar but separate regime under the New York Convention.

📌 Related Topics

The subject is closely linked to judgment-based enforcement proceedingsTR and precautionary attachmentTR.

❓ Frequently Asked Questions