In what case is it possible to acceptance of the decision of a foreign court on the territory of Turkey?

Implementation of the decision of a foreign court in Turkey is possible only: if there is an international treaty between the foreign state and Turkey, providing for the possibility of mutual execution of court decisions, or after the issuance of a permit for enforcement by the competent Turkish authorities of the execution of the judgment.

What does a treaty on legal assistance include?

Nowadays, international treaties on legal assistance concluded by Turkey with foreign states includes mutual recognition and enforcement of decisions of courts in civil cases and criminal convictions, in terms of compensation for damage caused by a crime, which excludes the execution of judgment in terms of collecting fines and confiscation of property, as well as acts of other bodies on cases of administrative offenses, with the exception decisions made by the competent authorities for traffic violation.

What is the procedure for the execution of foreign court decisions in Turkey?

For execute the decision of a foreign court in Turkey in accordance with the existing agreement, the claimant (individual or legal entity) in whose favor the court decision was made, must apply to the judge who rendered the judgment, with a written application for recognition and permission of the enforcement on the decision on the territory of a foreign state.

What information should the claimant’s petition contain?

The claimant’s petition must contain the following information:

the name of the claimant, as well as his representative, if the petition is filed by a representative, indicating their permanent place of residence, for a legal entity – its legal and actual address;

the name of the debtor indicating his permanent or temporary place of residence, for a legal entity – his legal and actual address;

the request of the claimant for permission to enforce the judgment, the essence of the decision, by whom and when it was made;

bank details for the transfer of funds.

There are certain documents that must be attached to the application in accordance with an international agreement: 

certified copy of the judgment;

a certificate that the decision has entered into legal force, if this does not follow from the text of the decision; 

a certificate that the party against whom the decision was made and who did not take part in the process was timely and legaly notified of the time and place of the trial;

certificate of execution or non-execution of the judgment on the territory of a foreign state on the day of filing the application (for decisions on the recovery of alimony – for what period they were collected);

a notarized translation of documents into the language of the state in whose territory the execution of the judgment is requested, if such is provided for by an international treaty.

All documents, including the petition, are certified by the seal of the court.

What legal assistance can our lawyers provide?

Our lawyers will help to recognize and enforce decisions of foreign courts in accordance with international treaties to which Turkey is a party.
Our lawyers in executive law are well aware of procedural legislation, stages of enforcement proceedings. Therefore, their participation in the implementation of the rights of the principal often becomes a decisive factor in the execution of a court decision in full and in the shortest possible time.