RECOGNITION AND ENFORCEMENT CASES IN TURKEY

INTRODUCTION

The usage of the verdicts that are given by foreign courts, is based on the condition that the verdict had been recognized or enforced in Turkey. There are two different legal question: Recognition and Enforcement. Let’s define these terms first:

- Recognition: The recognition is the acceptance of the foreign verdict by Turkish courts.

- Enforcement: The enforcement is the acceptance of the enforceability of the foreign verdict by Turkish courts. If enforcement is accepted for a case, the recognition is automatically is accepted by the court also. Because the pre-condition for enforcement is recognition.

THE CONDITIONS FOR THE CASE

1. Verdict: First, the verdict that the applicant demands the Turkish court to recognize and enforce, must be given by the court. You can not apply to a Turkish Court for recognition for a law suit that is still pending.

2. Verdict about civil law: Verdicts about criminal or administrative law can not be recognized or enforced by the Turkish Courts.

3. Finalized verdict: The verdict to be recognized must be finalized. That means the case can not be open for appealing or the appealing must already be done.

4. International reciprocity: For recognition or enforcement, Turkish State must have international reciprocity with the country of demand.

5. Lawful verdict: The verdict given in the foreign country can not be against human rights and Turkish Public Law.

THE PROCESS

The applicant must apply to a first instance civil court in Turkey. If the verdict is about family law, the applicant will apply to a family court. The applicant must submit the documents which are explained below. The court will inspect the verdict’s legality, if it is finalized, if there is reciprocity with the country of the verdict. Then, if all the conditions are fulfilled, the court will accept the case.

THE REQUIRED DOCUMENTS

1. The original document of the verdict given by the foreign court

2. The original document showing that the verdict is finalized

3. Apostille document

4. The translation of the verdict by a certified translator

5. Passport and ID card

6. Power of Attorney

OUR SERVICES

With the Power of Attorney document you will give us, as Alfa Law Firm, we will be able to open the recognition and enforcement case and prosecute it. We will be able to demand any document from the foreign and domestic authorities too, for our case.