Article 2 MÖHUK – Foreign Law in Turkish Courts
Article 2 MÖHUK, in Turkey’s Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK), governs how a Turkish judge applies foreign law. In short: where MÖHUK points to a foreign law, the judge applies it of their own motion, may ask the parties to help establish its content, and falls back on Turkish law only if the content cannot be found despite every inquiry. For anyone with ties to Germany or the Netherlands, this means a case heard in Turkey may well be decided under foreign law.
Article 2 MÖHUK – text
Unofficial translation:
Application of foreign law
Article 2 – (1) The judge shall apply the Turkish conflict-of-laws rules and the foreign law designated by those rules ex officio. The judge may request the assistance of the parties in establishing the content of the applicable foreign law.
(2) If the provisions of the foreign law relevant to the case cannot be established despite all inquiries, Turkish law shall apply.
(3) Where the conflict-of-laws rules of the applicable foreign law refer to another law, this shall be taken into account only in disputes concerning the law of persons and family law, and the substantive provisions of that law shall apply.
(4) Where the parties may choose the applicable law, the substantive provisions of the chosen law shall apply unless the parties expressly agree otherwise.
(5) If the state whose law is to be applied consists of two or more territorial units with different legal systems, the law of that state determines which regional law applies. In the absence of a decisive rule in that state’s law, the law of the region most closely connected with the dispute shall apply.
Original Turkish text:
Yabancı hukukun uygulanması
MADDE 2 – (1) Hâkim, Türk kanunlar ihtilâfı kurallarını ve bu kurallara göre yetkili olan yabancı hukuku re’sen uygular. Hâkim, yetkili yabancı hukukun muhtevasının tespitinde tarafların yardımını isteyebilir.
(2) Yabancı hukukun olaya ilişkin hükümlerinin tüm araştırmalara rağmen tespit edilememesi hâlinde, Türk hukuku uygulanır.
(3) Uygulanacak yabancı hukukun kanunlar ihtilâfı kurallarının başka bir hukuku yetkili kılması, sadece kişinin hukuku ve aile hukukuna ilişkin ihtilâflarda dikkate alınır ve bu hukukun maddî hukuk hükümleri uygulanır.
(4) Uygulanacak hukuku seçme imkânı verilen hâllerde, taraflarca aksi açıkça kararlaştırılmadıkça seçilen hukukun maddî hukuk hükümleri uygulanır.
(5) Hukuku uygulanacak devlet iki veya daha çok bölgesel birime ve bu birimler de değişik hukuk düzenlerine sahipse, hangi bölge hukukunun uygulanacağı o devletin hukukuna göre belirlenir. O devlet hukukunda belirleyici bir hükmün yokluğu hâlinde ihtilâfla en sıkı ilişkili bölge hukuku uygulanır.
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, the article partly corresponds to Article 2 of the former Law No. 2675. Under the old law, renvoi was taken into account in every kind of dispute. Because courts struggled to research foreign law together with its conflict rules, renvoi was limited to the law of persons and family law, where the law closest to the person matters most. Paragraphs 4 and 5 are new.
Explanation
In court, the article plays out in steps.
First, the judge determines the applicable law under MÖHUK’s conflict rules, even if neither party asks for it. Both sides simply assuming Turkish law applies is not enough. The parties can choose the law only where MÖHUK allows it, for example for contracts (Article 24 MÖHUK).
Next, the content of the foreign law is established. That is the judge’s task, but the judge may ask the parties for help, which in practice can mean filing the relevant foreign provisions with a translation. If the foreign law cannot be established despite all inquiries, Turkish law applies (paragraph 2). Because the text says “despite all inquiries”, switching to Turkish law without any research does not fit the provision.
The third step is renvoi. If the conflict rules of the foreign law refer on to another law, that is taken into account only in disputes on the law of persons and family law. The substantive rules of the law referred to then apply and the chain stops there. Succession is not listed, so on the wording of the provision renvoi is not taken into account in inheritance disputes. This is a reading of the statutory text; no verified court decision on the point was reviewed for this article.
Under paragraph 4, a choice of law leads directly to the substantive rules of the chosen law, not to its conflict rules. The chosen law will not send you on to a third legal system.
Paragraph 5 deals with states such as the United States, whose regions have different legal systems; it rarely matters in cases connected with Germany or the Netherlands.
Practical points for people living abroad
A Turkish court applying foreign law is more common than many expect. If a Turkish and a German national divorce in Turkey and their common habitual residence was in Germany, the grounds and consequences of divorce are governed by German law (Article 14(1) MÖHUK), which the Turkish judge applies ex officio. Interim measures, however, are always governed by Turkish law (Article 14(4) MÖHUK).
Establishing foreign law can make proceedings longer. Having the current text of the relevant foreign provisions and a translation ready makes the judge’s task easier. For advice on the content of German or Dutch law itself, please consult a lawyer admitted in that country.
On the scope of the law, see Article 1 MÖHUK – Scope of the Turkish PIL Act; general information is on the private international law page.
Frequently asked questions
Will a Turkish court apply foreign law?
Yes. If MÖHUK designates a foreign law, the Turkish judge applies it ex officio (Article 2(1) MÖHUK).
Who has to prove the content of foreign law?
Establishing it is the judge’s task; the judge may ask the parties for help (Article 2(1) MÖHUK). If it cannot be established despite all inquiries, Turkish law applies (Article 2(2) MÖHUK).
When is renvoi taken into account in Turkey?
Only in disputes on the law of persons and family law; the substantive rules of the law referred to then apply (Article 2(3) MÖHUK).
Sources
Questions about your case
If you would like to know which country’s law will govern your case in Turkey, or how foreign law can be put before the Turkish court, 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); questions about the content of German or Dutch law should go to a lawyer admitted there. Useful information to have ready:
- the nationalities of everyone involved, including any dual nationality,
- where the parties last lived together,
- what the dispute is about (for example divorce, custody or a contract) and whether a choice of law was made.