Article 1 MÖHUK – Scope of the Turkish PIL Act
Article 1 MÖHUK sets out the scope of Turkey’s Law No. 5718 on Private International Law and International Civil Procedure (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun, MÖHUK; Official Gazette of 12 December 2007, No. 26728). For private law relationships with a foreign element, the law answers three questions: which country’s law applies, whether a Turkish court can hear the case, and whether a foreign judgment has effect in Turkey. If you live in Germany or the Netherlands and have a legal matter in Turkey, you will usually meet this law.
Article 1 MÖHUK – text
Unofficial translation:
Scope
Article 1 – (1) The law applicable to private law transactions and relationships involving a foreign element, the international jurisdiction of Turkish courts, and the recognition and enforcement of foreign decisions are governed by this Law.
(2) The provisions of international conventions to which the Republic of Türkiye is a party are reserved.
Original Turkish text:
Kapsam
MADDE 1 – (1) Yabancılık unsuru taşıyan özel hukuka ilişkin işlem ve ilişkilerde uygulanacak hukuk, Türk mahkemelerinin milletlerarası yetkisi, yabancı kararların tanınması ve tenfizi bu Kanunla düzenlenmiştir.
(2) Türkiye Cumhuriyetinin taraf olduğu milletlerarası sözleşme hükümleri saklıdır.
The current text on mevzuat.gov.tr shows no amendment note for this article (as of October 2026).
Legislative reasoning
According to the reasoning attached to the government bill submitted to the Turkish Grand National Assembly, the article corresponds exactly to Article 1 of the former Law No. 2675. The scope did not change in 2007. Law No. 2675 was repealed by Article 64 MÖHUK.
Explanation
In practice Article 1 works as a threshold question: does the matter have a foreign element (yabancılık unsuru)? If it does, MÖHUK applies; if not, only Turkish domestic law does.
The law does not define “foreign element”. It is present, for example, when one party is a foreign national, the transaction was made abroad, or the property is located abroad. Two Turkish citizens who married in Germany and live there are therefore in a relationship with a foreign element, even though both are Turkish.
Only private law is covered: family, succession, contracts, property and torts. Tax, military service and citizenship are public law matters governed by their own statutes.
Paragraph 2 is a priority rule. If an international convention to which Turkey is a party covers the same question, the convention is applied first. Before reaching a result under MÖHUK, it is worth checking whether Turkey and the other country are bound by a convention on that point.
Practical points for people living abroad
In a Turkish divorce, inheritance or enforcement case, the court looks at MÖHUK first. The answer is not always Turkish law. Succession, for instance, is in principle governed by the deceased’s national law, but Turkish law applies to immovable property in Turkey (Article 20(1) MÖHUK). Enforcing a German or Dutch judgment in Turkey falls under Articles 50 et seq. MÖHUK; see Article 50 MÖHUK – enforcement of foreign judgments in Turkey.
General information is on the private international law page.
Frequently asked questions
When does MÖHUK apply?
To private law relationships with a foreign element: for determining the applicable law, the international jurisdiction of Turkish courts, and the recognition and enforcement of foreign decisions (Article 1(1) MÖHUK).
Does MÖHUK apply to two Turkish citizens living abroad?
Yes, if the relationship has a foreign element, for example because the marriage took place abroad or the parties live there. The applicable law is then determined under MÖHUK.
What if an international convention says something different?
Provisions of international conventions to which Turkey is a party are reserved (Article 1(2) MÖHUK); where the convention covers the question, it takes priority.
Sources
Questions about your case
If you would like to find out whether MÖHUK applies to your matter and which country’s law a Turkish court would use, you can choose a meeting date on the appointment page, online by video, by phone or in person in Düsseldorf. You can send a written question through the contact form. Meetings are held in Turkish and cover only the Turkish law side of the matter (§ 206 BRAO). It helps to know the nationality of everyone involved, where they live, and in which country the transaction took place or the property is located.