Unofficial English translation for information only. In case of discrepancy, the Turkish text prevails. This translation is not legal advice.
Turkish source: Law No. 5718, Official Gazette 12/12/2007, No. 26728. Turkish text as published on mevzuat.gov.tr, checked on 26 October 2026: https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=5718&MevzuatTur=1&MevzuatTertip=5
PART TWO – International Procedural Law
CHAPTER ONE – International Jurisdiction of Turkish Courts
Article 40 – International jurisdiction
(1) The rules of domestic law on territorial jurisdiction shall determine the international jurisdiction of Turkish courts.
Article 41 – Actions relating to the personal status of Turkish nationals
(1) Actions relating to the personal status of Turkish citizens shall, if they have not been or cannot be brought before the courts of a foreign country, be heard by the court having territorial jurisdiction in Türkiye; if there is no such court, by the court for the place where the person concerned resides; if that person does not reside in Türkiye, by the court for their last domicile in Türkiye; and, if there is no such domicile, by one of the courts in Ankara, Istanbul or İzmir.
Article 42 – Certain actions relating to the personal status of foreigners
(1) Decisions concerning guardianship, curatorship, restriction of legal capacity, declaration of absence and presumption of death in respect of a foreigner who has no domicile in Türkiye shall be given by the court for the place where the person concerned resides in Türkiye or, if they do not reside there, by the court for the place where their property is located.
Article 43 – Inheritance actions
(1) Actions relating to succession shall be heard by the court for the deceased’s last domicile in Türkiye or, if the last domicile was not in Türkiye, by the court for the place where the assets forming part of the estate are located.
Article 44 – Actions concerning employment contracts and employment relationships
(1) In disputes arising from an individual employment contract or employment relationship, the court for the place in Türkiye where the workplace at which the employee habitually works is located shall have jurisdiction. In actions brought by the employee against the employer, the Turkish courts for the employer’s domicile, the employee’s domicile or the employee’s habitual residence shall also have jurisdiction.
Article 45 – Actions concerning consumer contracts
(1) In disputes arising from consumer contracts defined in Article 26, the Turkish courts for the consumer’s domicile or habitual residence, or for the other party’s workplace, domicile or habitual residence, shall have jurisdiction, at the consumer’s choice.
(2) In actions brought against a consumer concerning consumer contracts concluded pursuant to paragraph one, the court for the consumer’s habitual residence in Türkiye shall have jurisdiction.
Article 46 – Actions concerning insurance contracts
(1) In disputes arising from an insurance contract, the court for the place in Türkiye where the insurer’s principal workplace or the branch or agency that concluded the insurance contract is located shall have jurisdiction. However, in actions brought against the policyholder, the insured or the beneficiary, the court for their domicile or habitual residence in Türkiye shall have jurisdiction.
Article 47 – Choice of court agreement and its limits
(1) Where territorial jurisdiction is not determined on the basis of exclusive jurisdiction, the parties may agree that a dispute arising from an obligation between them and involving a foreign element shall be heard by a court of a foreign state. The agreement shall be valid if proved by written evidence. The action shall be heard by the court having jurisdiction in Türkiye only if the foreign court declines jurisdiction or no objection to jurisdiction is raised before the Turkish courts.
(2) The jurisdiction of the courts specified in Articles 44, 45 and 46 may not be excluded by agreement between the parties.
Article 48 – Security
(1) Foreign natural and legal persons who bring an action before a Turkish court, intervene in an action or initiate enforcement proceedings shall provide the security determined by the court to cover the costs of the proceedings and enforcement and the other party’s losses and damages.
(2) The court shall exempt the claimant, intervening party or party initiating enforcement proceedings from providing security on the basis of reciprocity.
Article 49 – Cases in which a foreign state may not benefit from immunity from jurisdiction
(1) A foreign state shall not be granted immunity from jurisdiction in legal disputes arising from private-law relationships.
(2) In such disputes, service may be effected on the diplomatic representatives of the foreign state.
CHAPTER TWO – Enforcement and Recognition of Foreign Court and Arbitral Awards
Article 50 – Decision on enforcement
(1) Enforcement in Türkiye of judgments given by foreign courts in civil actions and which have become final under the laws of that state shall be subject to a decision on enforcement by the competent Turkish court.
(2) A decision on enforcement may also be sought in respect of provisions concerning civil claims contained in criminal judgments of foreign courts.
Article 51 – Jurisdiction and competence
(1) The court having subject-matter jurisdiction over decisions on enforcement shall be the civil court of first instance.
(2) Such decisions may be sought from the court for the domicile in Türkiye of the person against whom enforcement is sought or, if there is none, the court for the place where that person resides; if that person has neither a domicile nor a place where they reside in Türkiye, they may be sought from one of the courts in Ankara, Istanbul or İzmir.
Article 52 – Application for enforcement
(1) Anyone with a legal interest in enforcement of the decision may apply for enforcement. The application for enforcement shall be made by petition. A copy shall be attached for each opposing party. The petition shall include the following:
a) the names, surnames and addresses of the person seeking enforcement, the opposing party and, if any, their legal representatives and counsel.
b) the state whose court gave the judgment for which enforcement is sought, the name of that court, the date and number of the judgment, and a summary of the judgment.
c) if enforcement is sought in respect of only part of the judgment, the part concerned.
Article 53 – Documents to be attached to the petition
(1) The following documents shall be attached to the petition for enforcement:
a) the original of the foreign court judgment, duly authenticated by the authorities of that country, or a copy authenticated by the judicial body that issued the judgment, and an authenticated translation thereof.
b) a letter or document showing that the judgment has become final, duly authenticated by the authorities of that country, and an authenticated translation thereof.
Article 54 – Conditions for enforcement
(1) The competent court shall issue a decision on enforcement subject to the following conditions:
a) there is an agreement based on reciprocity between the Republic of Türkiye and the state in which the judgment was given, or a provision of law or actual practice in that state allowing enforcement of judgments given by Turkish courts.
b) the judgment was given on a matter not falling within the exclusive jurisdiction of Turkish courts, or, provided that the defendant objects, the judgment was not given by a court of a state that assumed jurisdiction despite having no genuine connection with the subject matter of the action or the parties.
c) the judgment is not manifestly contrary to public policy.
ç) under the laws of that place, the person against whom enforcement is sought was not duly summoned to the court that gave the judgment or was not represented before that court, or the judgment was given in that person’s absence or by default in breach of those laws, and that person has not objected to the application for enforcement before the Turkish court on the basis of one of the foregoing matters.
Article 55 – Service and objection
(1) The petition concerning the application for enforcement shall be served on the opposing party together with the date of the hearing. The same provision shall apply to the recognition and enforcement of decisions in non-contentious matters. The provision on service shall not apply to decisions in non-contentious matters without an opposing party. The application shall be examined and decided in accordance with the provisions governing the simplified procedure.
(2) The opposing party may object only by alleging that the conditions for enforcement under the provisions of this Chapter are not met, that the foreign court judgment has been performed in whole or in part, or that an impediment to its performance has arisen.
Article 56 – Decision
(1) The court may decide to enforce the judgment in whole or in part, or to dismiss the application. The decision shall be written below the foreign court judgment and sealed and signed by the judge.
Article 57 – Enforcement and appeal on points of law
(1) Foreign judgments for which enforcement has been ordered shall be enforced in the same manner as judgments given by Turkish courts.
(2) Appeals on points of law against decisions accepting or dismissing an application for enforcement shall be subject to the general provisions. An appeal on points of law shall stay enforcement.
Article 58 – Recognition
(1) A foreign court judgment may be accepted as conclusive evidence or as res judicata only if the court determines that the foreign judgment satisfies the conditions for enforcement. In recognition, subparagraph (a) of paragraph one of Article 54 shall not apply.
(2) The same provision shall apply to recognition of decisions in non-contentious matters.
(3) The same procedure shall apply to the performance of an administrative act in Türkiye on the basis of a foreign court judgment.
Article 59 – Effect as res judicata and conclusive evidence
(1) The effect of a foreign judgment as res judicata or conclusive evidence shall take effect from the moment the foreign court decision becomes final.
Article 60 – Enforcement of foreign arbitral awards
(1) Foreign arbitral awards that have become final and enforceable or are binding on the parties may be enforced.
(2) Enforcement of foreign arbitral awards shall be sought by petition from the civil court of first instance for the place agreed in writing by the parties. In the absence of such an agreement between the parties, the court for the place of domicile in Türkiye of the party against whom the award was made or, if there is none, the place where that party resides or, failing that, the place where assets that may be subject to enforcement are located shall have jurisdiction.
Article 61 – Petition and procedure for examination
(1) A party seeking enforcement of a foreign arbitral award shall attach to its petition the following documents, together with a number of copies equal to the number of opposing parties:
a) the original of the arbitration agreement or clause, or a duly authenticated copy thereof.
b) the original of the arbitral award, duly finalized and enforceable or binding on the parties, or a duly authenticated copy thereof.
c) duly authenticated copies of translations of the documents listed in subparagraphs (a) and (b).
(2) In enforcing arbitral awards, the provisions of Articles 55, 56 and 57 shall apply by analogy.
Article 62 – Grounds for refusal
(1) The court shall refuse the application for enforcement of a foreign arbitral award if,
a) no arbitration agreement was concluded or no arbitration clause was included in the principal contract,
b) the arbitral award is contrary to public morals or public policy,
c) under Turkish law, the dispute that is the subject of the arbitral award cannot be resolved by arbitration,
ç) one of the parties was not duly represented before the arbitrators and did not subsequently expressly accept the proceedings,
d) the party against whom enforcement of the arbitral award is sought was not duly notified of the selection of the arbitrators or was deprived of the opportunity to present its claim and defence,
e) the arbitration agreement or clause is invalid under the law to which the parties subjected it or, in the absence of an agreement on this matter, under the law of the country where the arbitral award was made,
f) the selection of the arbitrators or the procedure applied by them is contrary to the parties’ agreement or, in the absence of such an agreement, to the law of the country where the arbitral award was made,
g) the arbitral award concerns a matter not covered by the arbitration agreement or clause, or exceeds its scope, in respect of that part,
h) the arbitral award has not become final, enforceable or binding under the provisions of the law of the country to which it is subject or in which it was made, or under the procedure to which it is subject, or has been annulled by the competent authority at the place where it was made,
(2) The burden of proving the matters set out in subparagraphs (ç), (d), (e), (f), (g) and (h) of paragraph one shall lie with the party against whom enforcement is sought.
Article 63 – Recognition of foreign arbitral awards
(1) Recognition of foreign arbitral awards shall also be subject to the provisions concerning their enforcement.
PART THREE – Final Provisions
Article 64 – Provisions repealed
(1) Law No. 2675 of 20/5/1982 on Private International Law and Procedural Law,
(2) paragraph two of Article 866 of the Turkish Commercial Code No. 6762 of 29/6/1956,
(3) Article 88 of the Law No. 5846 of 5/12/1951 on Intellectual and Artistic Works,
are repealed.
Article 65 – Entry into force
(1) This Law shall enter into force on the date of its publication.
Article 66 – Execution
(1) The Council of Ministers shall execute the provisions of this Law.