Article 5 MÖHUK – Public Policy in Turkish Conflict of Laws
Article 5 of Turkey’s Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) is the public policy (kamu düzeni) clause. If a rule of the applicable foreign law would produce a result in the specific case that is manifestly contrary to Turkish public policy, the Turkish court does not apply that rule and, where necessary, applies Turkish law instead. It matters in Turkish proceedings governed by foreign law, for example when an heir is not a Turkish citizen or spouses have different nationalities.
Article 5 MÖHUK – text
Unofficial translation:
Contrariety to public policy
Article 5 – (1) Where the provision of the competent foreign law applied to a particular case is manifestly contrary to Turkish public policy, that provision shall not be applied; where deemed necessary, Turkish law shall be applied.
Turkish original:
Kamu düzenine aykırılık
MADDE 5 – (1) Yetkili yabancı hukukun belirli bir olaya uygulanan hükmünün Türk kamu düzenine açıkça aykırı olması hâlinde, bu hüküm uygulanmaz; gerekli görülen hâllerde, Türk hukuku uygulanır.
The current text on mevzuat.gov.tr carries no amendment note (as of October 2026).
Legislative reasoning
According to the reasoning of the government bill, the article reproduces Article 5 of the former Law No. 2675 without change. The rule has stood in the same form since 1982.
Explanation
The article works in three steps. First, a MÖHUK conflict rule points to a foreign law, which the judge applies of their own motion (Article 2). Next, the court identifies the foreign rule that fits the case. Finally, it asks whether applying that rule in this case leads to a result manifestly contrary to Turkish public policy.
The law does not define public policy or list examples. Two limits follow from the wording. What is tested is not the foreign rule in the abstract but the rule “applied to a particular case”. And the conflict must be “manifest”: the fact that foreign law differs from Turkish law is not enough. Whether the threshold is met is for the court to decide on the facts.
The intervention is narrow. Only the offending rule drops out; the rest of the foreign law still applies. Turkish law fills a gap only “where deemed necessary”; the article does not say that this always happens.
Article 5 should be kept apart from two neighbouring provisions. The direct application of certain Turkish rules regardless of the applicable foreign law is governed by Article 6. When the enforcement (tenfiz) or recognition (tanıma) of a foreign judgment is sought, public policy is checked under Article 54(1)(c), not Article 5: the judgment must not be “manifestly contrary to public policy”, and this condition also applies to recognition (Article 58(1)).
Practical points for people living abroad
Turkish citizens rarely meet Article 5, because where MÖHUK refers to nationality Turkish law applies to them anyway, dual nationals included (Article 4(1)(b)). The article is more likely to come up here:
- The estate of a former Turkish citizen holding the Blue Card (Mavi Kart): movable property in Turkey is governed by their foreign national law (Article 20(1)), while real estate in Turkey is always governed by Turkish law.
- A divorce before a Turkish court where the spouses have different nationalities and their common habitual residence is abroad, so that the law of that country applies (Article 14(1)).
If you want a German or Dutch divorce or maintenance judgment recognised in Turkey, the relevant test is Article 54(1)(c); see Article 50 MÖHUK – enforcement. How foreign law is applied is covered in Article 2 MÖHUK.
Frequently asked questions
Is foreign law set aside whenever it differs from Turkish law?
No. A difference is not enough; the result in the specific case must be manifestly contrary to Turkish public policy (Article 5 MÖHUK).
What applies instead of the excluded rule?
The rest of the foreign law continues to apply; where necessary, Turkish law replaces the excluded rule.
Does Article 5 apply when a foreign divorce judgment is recognised?
No. For foreign judgments, public policy is reviewed under Article 54(1)(c), including in recognition proceedings (Article 58(1)).
Sources
Questions about your case
If you would like to know whether foreign law governs an inheritance or divorce case in Turkey, and whether one of its rules could be excluded on public policy grounds, you can choose a meeting date on the appointment page, online by video, by phone or in person in Düsseldorf. Written questions can be sent through the contact form. Meetings are held in Turkish and cover only the Turkish law side (§ 206 BRAO); for German or Dutch law, please contact a lawyer admitted there. It helps to have the nationalities and habitual residence of the people involved and, if there is one, the foreign judgment.