As a rule, court decisions are only valid in the country in which they were issued. In order for a court decision rendered in a foreign country to be valid and enforceable in Turkey, this decision must be recognized and enforced in Turkey. Conditions sought for recognition and enforcement in Turkish law. Law No. 5718 on International Private and Procedural Law (“MÖHUK”) 50-59. arranged between the articles.
Recognition, as a concept, is the recognition of a decision given by a foreign court as a “final judgment” in Turkish courts. Recognized foreign court decisions have two separate effects in Turkish law: final judgment and definitive evidence. In this direction, the decision rendered in a foreign country with recognition gives rise to judgments and results as if it were given in Turkish courts.
Enforcement, on the other hand, is the procedure that enables the execution of the decision, which has been given and finalized by a foreign court, in Turkey. In order for court decisions to be enforceable outside the country in which they were made, a second lawsuit, called an enforcement action, is required, and direct execution is ensured through these lawsuits.
Pursuant to Article 50/1 of the MÖHUK, the execution of the writs issued by foreign courts regarding civil lawsuits and which have been finalized in accordance with the laws of that state, is subject to an enforcement decision by the competent Turkish court.
The first condition regarding the recognition and enforcement of foreign court decisions is that the decision is given by a court. The important point here is that the foreign authority that made the decision has the function of a court and has been able to act impartially and independently in the proceedings.
Another issue is the requirement that the foreign court decision is related to civil cases. In this context, it is not necessary for the decision to be given by the civil courts, it is sufficient for the decision to be given to resolve a dispute arising from private law relations. It does not matter whether the parties are private law persons or public institutions.
Another condition for the recognition or enforcement of the decisions given by foreign courts by Turkish courts is that the foreign court decision that will be the subject of recognition or enforcement is final. It is necessary to determine whether the decision is final or not according to the law of the place where the decision was made.