Article 50 MÖHUK – Enforcement of Foreign Judgments

Article 50 MÖHUK opens the part of Turkish 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) that governs the enforcement of foreign judgments. It says that a foreign court judgment can be enforced in Turkey only after a Turkish court has issued an enforcement decision (tenfiz kararı). This applies to you if you want to enforce a German, Dutch or other foreign judgment in Turkey, or if someone wants to enforce such a judgment against you.

Article 50 MÖHUK – text

Unofficial translation:

Enforcement decision
Article 50 – (1) The enforcement in Turkey of judgments rendered by foreign courts in civil cases that have become final under the laws of that state is subject to an enforcement decision being issued by the competent Turkish court.
(2) An enforcement decision may also be requested for provisions concerning personal rights contained in criminal judgments of foreign courts.

Original Turkish text:

Tenfiz kararı
MADDE 50 – (1) Yabancı mahkemelerden hukuk davalarına ilişkin olarak verilmiş ve o devlet kanunlarına göre kesinleşmiş bulunan ilâmların Türkiye'de icra olunabilmesi yetkili Türk mahkemesi tarafından tenfiz kararı verilmesine bağlıdır.
(2) Yabancı mahkemelerin ceza ilâmlarında yer alan kişisel haklarla ilgili hükümler hakkında da tenfiz kararı istenebilir.

The current text on mevzuat.gov.tr shows no amendment note for this article (as of October 2026).

Explanation

A foreign judgment is not automatically enforceable in Turkey. If you hold a German judgment for payment, damages or maintenance, you cannot take it straight to a Turkish enforcement office (icra dairesi). A Turkish court must first grant enforcement (tenfiz). After that, the foreign judgment is enforced in the same way as a judgment of a Turkish court (Article 57(1) MÖHUK).

Paragraph 1 sets out these elements:

The judgment must come from a foreign court. Foreign arbitral awards are dealt with separately (Article 60 et seq. MÖHUK).
It must have been given in a civil case. As a rule, judgments on private-law disputes are declared enforceable.
It must be final under the law of the state of origin. That question is decided by the law of the state where the judgment was given, not by Turkish law.
The judgment must be enforced in Turkey. You need the enforcement decision when the judgment is to be enforced by compulsory means in Turkey.

Under paragraph 2, you can also seek enforcement of the parts of a foreign criminal judgment that concern personal rights (for example, compensation awarded to the victim). This paragraph does not cover the criminal penalty itself.

Relationship with other provisions

Article 51 MÖHUK: The court of first instance (asliye mahkemesi) has subject-matter jurisdiction. Venue lies with the court of the Turkish domicile of the person against whom enforcement is sought, failing that the place of residence; if there is neither, one of the courts in Ankara, İstanbul or İzmir.
Articles 52 and 53 MÖHUK: The application is made in writing. It must be accompanied by the duly certified original or a certified copy of the judgment, a certified document showing that it is final, and certified translations.
Article 54 MÖHUK: Conditions for enforcement: reciprocity, no exclusive jurisdiction of Turkish courts, no manifest violation of public policy, and respect for the right to be heard.
Article 58 MÖHUK: If the judgment is not to be enforced but only accepted as res judicata or conclusive evidence, the procedure is recognition (tanıma). The reciprocity requirement in Article 54(1)(a) does not apply to recognition.
Article 1(2) MÖHUK: Provisions of international conventions to which Turkey is a party are reserved. If such a convention covers your matter, look at the convention first.

Practical points for Turks living abroad

Start with the question of recognition or enforcement. If all you need is to have your civil status updated in the Turkish population register (for example after a divorce), recognition is generally enough. If the judgment contains an obligation that is to be enforced in Turkey, such as maintenance, damages or a payment, you need enforcement for that part. General information is available on the Turkey–Germany page.

For a German judgment, obtain the certificate of finality (Rechtskraftvermerk) separately. A judgment that is only provisionally enforceable and not yet final does not meet the finality requirement in Article 50.

Article 53 MÖHUK requires "duly certified" documents. Turkey, Germany and the Netherlands are parties to the 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention), so documents from these states are generally certified with an apostille. You must also attach certified Turkish translations.

You do not have to travel to Turkey for the proceedings; they can be conducted through an authorised representative there. See also the page on private international law.

Frequently asked questions

Can a German judgment be enforced directly in Turkey?

No. Under Article 50(1) MÖHUK, you need an enforcement decision from the competent Turkish court before a foreign judgment can be enforced in Turkey.

Does the Turkish court re-examine the merits of the judgment?

The court examines whether the conditions in Article 54 MÖHUK are met. The other party may object only on the grounds that these conditions are not met, or that the judgment has been fully or partly satisfied or that an obstacle to its performance has arisen (Article 55(2) MÖHUK).

Can enforcement be granted for a judgment that is not yet final?

Article 50(1) MÖHUK requires the judgment to be final under the law of the state of origin. A judgment that is not final therefore cannot be declared enforceable.

Sources

Questions about your case

If you would like your own judgment assessed, for example whether recognition is enough or you need enforcement, and which Turkish court has jurisdiction, you can choose a consultation date on the appointment page or send your question in writing through the contact form. Consultations take place online by video, by telephone or in person in Düsseldorf. They are held in Turkish and cover only the Turkish-law side of the matter. For questions about the German or Dutch proceedings in which the judgment was given, such as obtaining the certificate of finality, please consult a lawyer or authority competent in that country.

It helps to have these to hand:

the judgment, as a certified original or certified copy,
the certificate of finality (for a German judgment, the Rechtskraftvermerk),
any apostilles and certified Turkish translations you already have,
the Turkish domicile or place of residence of the person against whom enforcement is sought, if you know it.