Turkish Legal System: Overview

This guide explains how the Turkish legal system actually works, written for foreigners who need to understand it before a dispute, a contract, or a court case pulls them into it. If you come from the United States, the United Kingdom, or another common-law country, the single most important thing to grasp up front is this: Turkey is a civil-law jurisdiction built on written codes, not on judicial precedent. There is no jury. There is no US-style discovery. The judge, not a lawyer's cross-examination, drives the fact-finding. Almost every surprise foreigners encounter in a Turkish court traces back to that one structural difference, and this guide is built around it.

Key Points

• Turkey is a civil-law (Continental) system. Rights and obligations come from codified statutes — the Civil Code, Code of Obligations, Commercial Code — not from case law. Prior decisions guide interpretation but do not bind lower courts the way precedent does in common-law countries.

• There are three separate court branches: ordinary (civil and criminal), administrative, and constitutional. Suing a private party, challenging a government decision, and raising a constitutional-rights violation each go to a different track.

• Every branch has three tiers: first-instance courts, regional appeal courts (istinaf), and a high court — the Court of Cassation (Yargıtay) for civil/criminal matters and the Council of State (Danıştay) for administrative ones.

• No jury and no discovery. Judges are the sole finders of both fact and law, and evidence is produced through the court rather than exchanged directly between the parties.

• Mediation is mandatory before many lawsuits — including employment and most commercial monetary claims. Skipping it gets your case dismissed on procedure, not merits.

• Foreign claimants may be ordered to post security (teminat) for costs when they sue in Turkey, under Article 48 of the International Private Law Act (Law No. 5718) — unless a reciprocity exemption applies. Foreign defendants do not have to post it.

• Turkish is the sole language of the courts. Documents need sworn translation, and the court appoints an interpreter where needed. Realistic timelines run from several months for a simple case to two years or more through the appeal stages.

How the System Is Built

A civil-law foundation, not common law

Turkish law belongs to the Continental European family. After the founding of the Republic, Turkey adopted and adapted European codes — the Civil Code from Switzerland, commercial and procedural codes from the German and Swiss traditions — and the system has been code-based ever since. In practice that means the answer to a legal question starts with a statute article, not with a search for the closest earlier case.

This is the fault line between Turkey and the common-law world of the US and UK. In a common-law system, judges make law incrementally through binding precedent, and much of the pre-trial fight is about discovery — compelling the other side to hand over documents. In Turkey, neither is true. Decisions of higher courts, especially the Yargıtay, carry strong persuasive weight and are followed in practice, but a first-instance judge is bound by the code, not by another court's ruling. And there is no discovery: you build your case from the evidence you already hold or can obtain, and requests for the other side's documents go through the court, which decides whether to order production. Foreign companies used to aggressive US-style document demands consistently underestimate this.

Three branches of jurisdiction

Turkish courts are divided into three separate systems, and choosing the wrong one costs you time you usually cannot afford:

Ordinary jurisdiction covers civil and criminal matters — the disputes most foreigners encounter. Civil courts handle private disputes: contracts, property, debt, family, inheritance, employment, and commercial matters. Specialised civil courts exist for particular subjects, including commercial courts (asliye ticaret mahkemesi), labour courts (iş mahkemesi), consumer courts, and family courts. Criminal courts prosecute offences defined in the Penal Code.

Administrative jurisdiction is where you go to challenge the state — a rejected residence permit, a tax assessment, a demolition order, a fine. These disputes never go to a civil court; they go to administrative courts (idare mahkemesi) and tax courts, with the Council of State (Danıştay) at the top. This is why a residence-permit refusal, for example, is an administrative-court matter, not a civil one.

Constitutional jurisdiction sits above both. The Constitutional Court (Anayasa Mahkemesi) reviews whether laws conform to the Constitution and — importantly for individuals — hears individual applications alleging that a public authority violated a constitutional right, once ordinary remedies are exhausted. After that, the road leads to the European Court of Human Rights in Strasbourg, because Turkey is a party to the European Convention on Human Rights.

The three-tier ladder

Within the ordinary and administrative branches, a case can climb three levels:

1. First-instance courts (ilk derece mahkemeleri) hear the case, take evidence, and issue a judgment.

2. Regional courts of appeal (bölge adliye mahkemeleri for civil/criminal, bölge idare mahkemeleri for administrative) conduct the first appeal, called istinaf. Unlike a US appeal, an istinaf court can re-examine both the facts and the law, and can even hold hearings — it is closer to a partial re-trial than a pure legal review.

3. High courts conduct the final appeal, called temyiz. The Court of Cassation (Yargıtay) is the high court for civil and criminal cases; the Council of State (Danıştay) is the high court for administrative cases. At this level review is generally limited to points of law.

Knowing which rung you are on matters, because each has its own strict deadline — miss a istinaf or temyiz window and the judgment becomes final regardless of how strong your case was.

What Litigation Actually Looks Like for a Foreigner

The judge runs the case

In a Turkish courtroom there is no jury box and no dramatic cross-examination deciding the outcome. The judge is the sole trier of fact and law. Proceedings are largely built on written submissions — the petition (dava dilekçesi), the answer, the reply, the rejoinder — followed by hearings that are often short and procedural. Judges can, on their own initiative, appoint expert witnesses (bilirkişi), whose reports carry substantial weight, and can order the collection of specific evidence. For foreigners, the practical takeaway is that cases are won on the quality of the written file and the expert report, not on courtroom performance.

Mandatory mediation comes first

For a growing list of dispute types, you cannot even file a lawsuit until you have been through mediation (arabuluculuk). This became a precondition for employment disputes in 2018 and for commercial monetary claims in January 2019, and it has since expanded to consumer and certain rental and other disputes. If mediation fails, the mediator issues a final report, and only then can the claim proceed to court. Filing without that report gets the case dismissed on procedural grounds. This is one of the most common and avoidable mistakes foreign claimants make.

The security deposit rule

If you are a foreigner suing in Turkey, be ready for the court to order you to post security for costs (teminat), historically known by the Latin term cautio judicatum solvi. Under Article 48 of the International Private Law and Procedure Act (Law No. 5718), a foreign national or foreign company that brings a claim, joins as a party, or starts enforcement proceedings may be required to deposit an amount fixed by the court to cover litigation costs and any damage to the other side. Two important carve-outs: the court can waive the deposit on the basis of reciprocity (if Turkish citizens are not required to post security in the foreigner's home country, often via a bilateral or multilateral treaty), and a foreigner who is the defendant — not the one bringing the claim — does not have to post it at all.

Language, translation, and timelines

The language of the courts is Turkish, without exception. Every foreign-language document must be rendered by a sworn translator (yeminli tercüman) and, depending on origin, notarised or apostilled; where a party or witness does not speak Turkish, the court appoints an interpreter. Build translation time and cost into every plan.

On timelines, be realistic. A straightforward first-instance civil case commonly takes several months to well over a year; add an istinaf appeal and you are often past the two-year mark, and a further temyiz to the Yargıtay can extend it further. Enforcement (icra) of a judgment is a separate proceeding with its own timeline. Turkish litigation rewards patience and a well-prepared file; it punishes the expectation of a quick common-law-style resolution.

Legal Framework

The Turkish legal order rests on the Constitution and a set of principal codes. Substantive private law comes mainly from the Turkish Civil Code (Law No. 4721) and the Code of Obligations (Law No. 6098), with commercial matters governed by the Turkish Commercial Code (Law No. 6102). Criminal liability is defined in the Penal Code (Law No. 5237).

Procedure is codified separately for each branch: the Code of Civil Procedure (Law No. 6100) governs civil and commercial litigation; the Code of Criminal Procedure (Law No. 5271) governs criminal cases; and the Administrative Procedure Act (Law No. 2577) governs cases against the state. The Law on the Establishment, Duties and Powers of First Instance and Regional Courts (Law No. 5235) sets up the court hierarchy, and mediation is regulated by the Law on Mediation in Civil Disputes (Law No. 6325). For anything involving a foreign element — jurisdiction, applicable law, the security deposit, and recognition and enforcement of foreign judgments — the governing statute is the International Private Law and Procedure Act (Law No. 5718).

For foreigners, three of these matter most in practice: Law No. 6100 (how a civil case runs), Law No. 5718 (how your foreign status and foreign documents are treated), and Law No. 2577 (how you challenge a government decision).

Common Mistakes to Avoid

• Filing a lawsuit before mandatory mediation. For employment and most commercial monetary disputes, the mediation step is a precondition. Skip it and the case is dismissed on procedure, wasting months.

• Suing in the wrong branch. Taking a dispute with a government body to a civil court (or vice versa) leads to a jurisdiction dismissal. Government decisions go to administrative courts; private disputes go to civil courts.

• Expecting discovery. There is no US-style document exchange. You cannot force the other side to hand over their files directly; any production runs through the court. Plan your evidence strategy accordingly from day one.

• Missing an appeal deadline. The istinaf and temyiz windows are short and strict. A final judgment cannot be reopened because you were still gathering arguments.

• Underestimating translation and the security deposit. Foreign-language evidence needs sworn translation, and as a foreign claimant you may have to post security for costs. Both are budget and timing items people forget until they bite.

• Assuming speed. Turkish cases move on a written, deliberate rhythm. Treating a Turkish dispute as if it will resolve on a common-law timeline leads to bad settlement decisions.

Frequently Asked Questions

Is Turkey a common-law or civil-law country? Civil law. Turkish law is based on comprehensive written codes rather than binding judicial precedent. Higher-court decisions, particularly from the Court of Cassation (Yargıtay), are highly influential and followed in practice, but they do not bind lower courts the way precedent binds them in the US or UK.

Are there juries in Turkish courts? No. Turkey has no jury system in any court. Judges decide both the facts and the law, usually on the basis of written submissions and expert reports rather than live testimony contests.

Can I sue in Turkey as a foreigner, and will I be treated fairly? Yes. Foreigners have full access to Turkish courts and are entitled to equal treatment. The main practical differences are that you may be ordered to post a security deposit for costs under Law No. 5718 (unless a reciprocity exemption applies), and that all documents must be translated into Turkish by a sworn translator.

What is istinaf and how is it different from a US appeal? Istinaf is the first level of appeal, heard by regional courts of appeal. Unlike a typical US appellate review that is limited to legal error, an istinaf court can re-examine the facts as well as the law and may hold its own hearings — closer to a partial retrial. A further, law-only appeal to the high court is called temyiz.

Do I have to try mediation before going to court? Often, yes. Mediation is a mandatory precondition for employment disputes and most commercial monetary claims, among others. You must complete it and obtain the mediator's final report before you can file; otherwise the court will dismiss the case on procedural grounds.

Which court handles a dispute with a Turkish government authority? Administrative courts, not civil courts. Challenges to decisions like a permit refusal, a tax assessment, or an administrative fine go through the administrative jurisdiction, topped by the Council of State (Danıştay). This is a different track with its own procedure under Law No. 2577.

How long does a case take in Turkey? It varies widely. A simple first-instance civil case can take several months to over a year; adding an istinaf appeal often pushes it beyond two years, and a temyiz appeal extends it further. Enforcing the judgment afterwards is a separate process.

What happens after I lose at the Constitutional Court? If you have exhausted ordinary remedies and made an individual application to the Constitutional Court alleging a rights violation without success, the final avenue is the European Court of Human Rights in Strasbourg, since Turkey is bound by the European Convention on Human Rights.

How Yilmaz Attorneys Can Help

We represent foreign individuals and companies across all three branches of the Turkish court system — civil and commercial disputes, administrative challenges against government decisions, and constitutional and ECHR applications. Because we work daily at the seam between Turkish civil law and our clients' common-law expectations, much of our value is translating the system before the dispute starts: getting the mediation step right, preparing a court-ready evidentiary file, and setting realistic timelines. If you are facing a dispute in Turkey or want to understand your position before one arises, book a consultation and we will map out the branch, the procedure, and the likely timeline for your specific matter.

Disclaimer

This guide is provided for informational purposes only and does not constitute legal advice. Laws and procedures may change. For advice specific to your situation, please consult with a qualified attorney.