Legal notice: This article addresses Turkish law exclusively and is for general information only; it does not replace advice in an individual case. Doğru Kanzlei advises under § 207 BRAO exclusively in Turkish law and public international law.
In a significant number of these cases the assessment is wrong — not because the investigation abroad was inadequate, but because it stops at the border. Real estate in Antalya, a bank account in Istanbul, a shareholding in Ankara: invisible and unreachable for foreign enforcement authorities.
It remains reachable from within Turkey. This article explains how the recognition and enforcement procedure (tanıma-tenfiz) works for money judgments — and where the pitfalls are.
1. Turkey is not an EU member state
Within the European Union, the Brussels Ia Regulation (EU) No. 1215/2012 allows direct enforcement of a member-state title without a separate exequatur procedure. This does not apply to Turkey, which is a third country; a foreign judgment has no direct effect there.
Bilateral instruments exist between Germany and Turkey — notably the 1929 Agreement on Legal Relations in Civil and Commercial Matters and the 1954 Hague Convention on Civil Procedure. These govern service and judicial assistance, not automatic recognition of judgments.
The governing law is the Turkish Act on Private International Law (MÖHUK, No. 5718). Under Articles 50 et seq., a foreign judgment requires a separate declaration of enforceability by a Turkish court, known as tenfiz.
2. The costliest misconception: the default payment order
A German Vollstreckungsbescheid issued in summary proceedings is not capable of recognition in Turkey.
This matters considerably, since most titles in collection and insolvency practice originate from such proceedings. A party that starts a recognition action with such an order loses time and money — the application is dismissed. The reason: only decisions rendered in adversarial proceedings and final in effect can be recognised. A payment order is issued without any examination of the merits; in Turkey it carries evidentiary weight at best.
The claim is not lost, however. Two practicable alternative routes exist:
Route 1 — Enforcement without a title (ilamsız icra takibi). The creditor applies to the execution office for a payment order. The debtor has seven days to object. If no objection is filed, the order becomes final and enforcement may proceed immediately against movable and immovable assets. Fast and low-cost; particularly worthwhile where the debtor is passive.
Route 2 — Litigation in Turkey. If the debtor objects, the matter proceeds to ordinary litigation. The foreign title and the underlying documentation — contracts, invoices, delivery notes, correspondence — serve as evidence.
Which route is correct can only be assessed after examining the specific title and the evidence.
3. Which titles can be recognised?
| Title | Recognisable? |
|---|---|
| Final judgment from adversarial proceedings | yes |
| Default judgment (final) | yes |
| Cost assessment order | yes |
| Arbitral award | yes |
| Family law decision / maintenance order | yes |
| Default payment order (Vollstreckungsbescheid) | no (evidence only) |
| Provisionally enforceable, non-final judgment | no |
The formal requirements are strict: the judgment must be final — provisional enforceability is not enough. It requires a certificate of finality, an apostille, and a complete sworn translation into Turkish, including the statement of facts and the reasoning. A common mistake is partial translation; the Turkish court rejects it and the procedure starts again.
4. The conditions for recognition (Article 54 MÖHUK)
The Turkish court does not review the substantive correctness of the foreign decision — there is no révision au fond. It examines only:
In practice, proceedings rarely fail on these substantive grounds. They fail on formal defects and on service.
5. The critical factor: time and service
Recognition proceedings take several months, frequently eight months or more. The main time factor is not the court's review but service on the debtor. Where the debtor lives in Turkey, service is prompt; where the debtor lives abroad or cannot be located, international judicial assistance or service by publication adds further months.
The principal risk lies in this window: the debtor learns of the proceedings and transfers assets, typically to family members.
⚠️ Important — İhtiyati Haciz (preliminary attachment): This protective measure may be sought before or alongside the recognition proceedings and freezes the assets before the debtor can react. For real estate, a restriction is entered in the land registry (Tapu). Once granted, the measure must be implemented within a statutory period — if the period is missed, its effect lapses.
6. Asset tracing comes first
Before proceedings are commenced, it should be established whether assets exist — otherwise costs arise with no prospect of recovery.
Available avenues: land registry searches through the Tapu system, commercial register information on shareholdings, vehicle registration records, and — once enforcement is under way — information on bank balances and income.
The order matters: tracing first, proceedings second. Where the debtor has transferred Turkish assets to relatives before or during the proceedings, Turkish law provides avenues to challenge such transactions; the transfers are traceable through the land registry history.
7. The procedure at a glance
| Step | Content |
|---|---|
| 1 — Preliminary assessment | Is the title recognisable? Which route fits the evidence? |
| 2 — Asset tracing | Are there assets in Turkey? Of what order? |
| 3 — Power of attorney | Notarised power of attorney — a simple litigation authority is not enough |
| 4 — Security | Application for İhtiyati Haciz against asset dissipation |
| 5 — Procedure | Tenfiz action or direct enforcement proceedings |
| 6 — Realisation | Attachment, account access, wage attachment, real-estate auction if needed |
8. Jurisdiction
The tenfiz action is brought at the defendant's domicile in Turkey. Where the defendant has no domicile there — the rule for debtors living abroad — Article 51 MÖHUK permits proceedings in Ankara, Istanbul or Izmir. Enforcement falls to the execution office at the location of the assets.
How Doğru Kanzlei handles this
Most firms work through a local correspondent firm — adding a cost layer, losing information at the interface, and leaving the creditor without direct control.
As a member of the Ankara Bar Association (reg. no. 47068) I appear personally before Turkish courts and execution offices. As a member of the Karlsruhe Bar Association (§ 207 BRAO) with offices in Mannheim, I am at the same time your point of contact in Europe. Through the Turkish judicial system UYAP I monitor case status in real time.
Our dedicated service page for creditors, insolvency administrators, collection agencies and public authorities — with a free title check — is here: Debt Enforcement in Turkey →
Request a Free Initial Assessment with Doğru Kanzlei →
Related reading
This guide is also available in Turkish: Alman Mahkeme Kararının Türkiye'de Tenfizi →
And in German: Deutsches Urteil in der Türkei vollstrecken →
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