Article 51 MÖHUK – Competent Court for Enforcement

Article 51 MÖHUK, part 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), says which court rules on an application to enforce a foreign judgment (tenfiz). The answer: a court of first instance (asliye mahkemesi), located where the person against whom enforcement is sought is domiciled in Turkey, failing that where they reside, and failing both in Ankara, İstanbul or İzmir. If you want a German, Dutch or other foreign judgment enforced in Turkey, this is where the case starts.

Article 51 MÖHUK text

Unofficial translation:

Subject-matter and territorial jurisdiction
Article 51 – (1) The court with subject-matter jurisdiction over enforcement decisions is the court of first instance (asliye mahkemesi).
(2) These decisions may be requested from the court of the domicile in Turkey of the person against whom enforcement is sought, failing that from the court of the place where that person resides, and if that person has neither a domicile nor a residence in Turkey, from one of the courts of Ankara, İstanbul or İzmir.

Original Turkish text:

Görev ve yetki
MADDE 51 – (1) Tenfiz kararları hakkında görevli mahkeme asliye mahkemesidir.
(2) Bu kararlar kendisine karşı tenfiz istenen kişinin Türkiye'deki yerleşim yeri, yoksa sâkin olduğu yer mahkemesinden, Türkiye'de yerleşim yeri veya sâkin olduğu bir yer mevcut değilse Ankara, İstanbul veya İzmir mahkemelerinden birinden istenebilir.

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

Explanation

The article answers two separate questions. Paragraph 1 deals with subject-matter jurisdiction (görev): what kind of court hears the case. Paragraph 2 deals with territorial jurisdiction (yetki): in which place.

Subject-matter jurisdiction: the court of first instance

Enforcement applications go to a court of first instance, not to a magistrates’ court (sulh mahkemesi). Rules on subject-matter jurisdiction are a matter of public order under Article 1 of the Code of Civil Procedure No. 6100 (HMK), so the parties cannot agree to take the case to a different kind of court.

The general civil court of first instance (asliye hukuk mahkemesi) hears civil cases unless a law provides otherwise (Article 2 HMK). Family matters have their own rule. Article 4(1)(2) of Law No. 4787 on Family Courts gives family courts (aile mahkemesi) jurisdiction over the recognition and enforcement of foreign judgments in family law. That provision still refers to the old Law No. 2675, which Article 64 MÖHUK repealed. No provision states expressly that the reference now points to the new law. This article proceeds on the interpretation that the family court is competent to enforce a foreign judgment on divorce, maintenance or custody. Where no family court has been set up, a civil court of first instance designated for that purpose hears these cases (Article 2 of Law No. 4787).

Article 51 does not say whether a commercial or labour judgment goes to the commercial court, the labour court or the general civil court. This question is disputed. Because there is no express statutory basis and no binding court decision verified for this article, no position is taken here. The competent court has to be assessed in each case.

Territorial jurisdiction: three steps

Paragraph 2 sets an order of priority:

The court of the domicile in Turkey of the person against whom enforcement is sought.
If there is no domicile in Turkey, the court of the place where that person resides.
If there is neither, one of the courts of Ankara, İstanbul or İzmir.

Domicile (yerleşim yeri) is the place where a person lives with the intention of staying permanently (Article 19 of the Turkish Civil Code No. 4721, TMK). Residence (sâkin olduğu yer) is where the person actually lives, without that intention being required. What counts is the situation of the person against whom enforcement is sought, not the applicant. At the third step the law says “one of the courts”, so the applicant chooses between the three cities.

Article 50 MÖHUK makes the enforcement of a foreign judgment conditional on an enforcement decision; Article 51 names the court that issues it. See Article 50 MÖHUK – Enforcement of foreign judgments in Turkey.
Article 58 MÖHUK has no separate jurisdiction rule for recognition (tanıma). It ties recognition to a finding that the conditions for enforcement are met. Applying Article 51 to recognition cases as well is an interpretation drawn from that link; the law contains no express cross-reference.
Under Article 55(1) MÖHUK the application is examined under the simplified procedure (basit yargılama usulü).

Practical points for Turkish citizens living abroad

If both former spouses live in Germany or the Netherlands, the other party usually has neither a domicile nor a residence in Turkey. The application can then be filed in Ankara, İstanbul or İzmir, for example in the city where your representative in Turkey practises.

Owning a flat or holiday home in Turkey does not by itself make it the other party’s domicile. Article 19 TMK requires living there with the intention of staying permanently. Someone who spends most of the year abroad may have no domicile at their holiday home. A case filed in the wrong place costs time.

If all you need is to have a divorce entered in the Turkish civil register, recognition is enough, and in some cases an administrative route without a court is available.

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

Frequently asked questions

Which Turkish court hears an application to enforce a foreign judgment?

The court of first instance (Article 51(1) MÖHUK). For family law judgments, Article 4(1)(2) of Law No. 4787 gives jurisdiction to the family court.

Where do I file if both parties live in Germany?

If the person against whom enforcement is sought has neither a domicile nor a residence in Turkey, you can file with one of the courts of Ankara, İstanbul or İzmir (Article 51(2) MÖHUK).

Does the applicant’s domicile decide which court is competent?

No. Article 51(2) MÖHUK looks at the domicile or residence in Turkey of the person against whom enforcement is sought.

Sources

Questions about your case

If you would like to clarify, for your own case, in which city and before which Turkish court an enforcement application should be filed, 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 original foreign proceedings should go to a lawyer admitted in that country.

It helps to know the following before the meeting:

what the judgment concerns (for example divorce, maintenance or a payment),
where the other party lives now and whether they have an address in Turkey where they live permanently,
whether you already have the judgment with its certificate of finality and apostille.