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Translated from Turkish by Tim Drayton

LAW ON INTERNATIONAL PRIVATE LAW AND PROCEDURAL LAW

★ Dates on this page are sequenced: day-month-year ★

THIS IS THE TRANSLATION OF THE TEXT OF LAW NO 5718 (LAW ON INTERNATIONAL PRIVATE LAW AND PROCEDURAL LAW) AS IT WAS ENACTED ON 27.11.2007 AND IT HAD NOT BEEN AMENDED AS OF 11.4.2024 BUT THE TRANSLATION DOES NOT INCORPORATE ANY SUBSEQUENT AMENDMENTS THAT MAY HAVE BEEN MADE.


Law No 5718Adoption Date: 27/11/2007
DIVISION ONE
International Private Law

SECTION ONE
General Provisions

   Scope
   ARTICLE 1 -
(1) The applicable law in private law transactions and relationships having a foreign element, the international jurisdiction of Turkish courts and the recognition and domestic enforcement of foreign decisions have been regulated under this law.
   (2) The provisions of international treaties to which the Republic of Turkey is party are not prejudiced.

   Application of foreign law
   ARTICLE 2 -
(1) The judge applies ex officio the Turkish conflict of law rules and the competent foreign law as per such rules. The judge may request the parties’ assistance in identifying the content of the competent foreign law.
   (2) Should it prove impossible to determine the provisions of the foreign law that apply to the instance despite exhaustive research, Turkish law is applied.
   (3) The awarding of competence to the law of another jurisdiction by the conflict of law rules of the applicable foreign law is only observed in disputes relating to personal law and family law and the substantive law provisions of such law are applied.
   (4) Where choice of the applicable law is available, the substantive law provisions of the chosen law are applied unless express decision to the contrary is made by the parties.
   (5) If the country whose law is to be applied has two or more regional units and these units have different legal jurisdictions, the applicable regional law is determined in accordance with that country’s law. In the absence of a determining provision in that country’s law, the law of the region most closely connected to the dispute is applied.

   Change of jurisdiction
   ARTICLE 3 -
(1) Where the competent law is determined on the basis of nationality, domicile or habitual residence, unless provided otherwise, nationality, domicile or habitual residence on the date of the claim applies.

   Competent law on the basis of nationality
   ARTICLE 4 -
(1) Where the competent law is determined on the basis of nationality pursuant to the provisions of this Law, the following are applied unless there is provision to the contrary in this Law:
   a) The law of their domicile to stateless persons and refugees, or, if they have none, that of their habitual residence, or, failing this, that of their country of location on the date of the claim,
   b) Turkish law to nationals of more than one country if they are at the same time Turkish citizens, and
   c) The law of the country to which they are more closely connected to nationals of more than one country who are not at the same time Turkish citizens.

   Breach of public policy
   ARTICLE 5 -
(1) Should the provision of competent foreign law applied to a specific instance flagrantly breach Turkish public policy, such provision is not implemented and, where deemed necessary, Turkish law is applied.

   Directly applied rules of Turkish law
   ARTICLE 6 -
(1) Where competent foreign law is applied, in cases that fall under the scope of rules of Turkish law that find direct application in terms of regulatory purpose and area of application, such rule is applied.

   Form of legal transactions
   ARTICLE 7 -
(1) Legal transactions may be conducted in the form stipulated by the law of the country they are conducted in or the substantive law provisions of the competent law on the substance of that legal transaction.

   Time limitation
   ARTICLE 8 -
(1) Time limitation is subject to the law applied to the substance of the legal transaction and relationship.

SECTION TWO
Conflict of Law Rules

   Capacity
   ARTICLE 9 -
(1) Legal capacity and capacity to act are subject to the relevant person’s national law.
   (2) If a person who lacks capacity under their national law has capacity under the law of the country where the transaction is conducted, they are bound by the legal transaction they have conducted. Transactions concerning family and succession law and real rights over immovable property in another country are exempted from this provision.
   (3) Age of majority attained under a person’s national law does not end with change of nationality.
   (4) The legal capacity and capacity to act of juristic persons and associations of persons or conglomerations of property are subject to the law of their administrative headquarters in their articles of association. However, if their de facto administrative headquarters are in Turkey, Turkish law may be applied.
   (5) The legal capacity and capacity to act of juristic persons that lack articles of association and associations of persons or conglomerations of property that lack juristic personhood are subject to the law of their de facto administrative headquarters.

   Guardianship, interdiction and curatorship
   ARTICLE 10 -
(1) The grounds for granting or ending guardianship or interdiction are subject to the national law of the person regarding whom the granting or ending of guardianship or interdiction is sought.
   (2) Where the granting of guardianship or interdiction is not possible under the foreigner’s national law, if that person’s habitual residence is in Turkey, guardianship or interdiction may be granted or removed under Turkish law. Turkish law is also applied when the person is of necessity in Turkey.
   (3) Curatorship and all matters relating to guardianship or interdiction apart from the grounds for granting or ending guardianship or interdiction are subject to Turkish law.

   Absence or presumptive death
   ARTICLE 11 -
(1) Declaration of absence or presumptive death is subject to the national law of the person regarding whom declaration is made. If the assets of a person who cannot be declared absent or presumably dead under their national law are in Turkey or their spouse or one of their inheritors is a Turkish national, a declaration of absence or presumptive death is made under Turkish law.

   Engagement
   ARTICLE 12 -
(1) Capacity and requirements for engagement are subject to the national law of both parties at the time of engagement.
   (2) Joint national law is applied to the effects and consequences of engagement, or Turkish law if the parties are of different nationality.

   Marriage and general provisions thereon
   ARTICLE 13 -
(1) Capacity and requirements for marriage are subject to the national law of both parties at the time of marriage.
   (2) The law of the country where the marriage is solemnized is applied to its form.
   (3) General provisions on marriage are subject to the spouses’ joint national law. If the parties are of different nationality, joint habitual residence law is applied or, failing that, Turkish law.

   Divorce and separation
   ARTICLE 14 -
(1) The grounds for and effects of divorce and separation are subject to the spouses’ joint national law. If the parties are of different nationality, joint habitual residence law is applied or, failing that, Turkish law.
   (2) The provision of paragraph one is applied to applications for maintenance between divorced spouses. This provision also applies in the case of separation and nullity of marriage.
   (3) Custody and issues relating to custody under divorce are also subject to the provision of paragraph one.
   (4) Turkish law is applied to applications for temporary measures.

   Marital assets
   ARTICLE 15 -
(1) The spouses may expressly choose one of habitual residence or national law at the time of marriage with respect to marital assets; should no such choice have been made, the spouses’ joint national law at the time of marriage is applied to marital assets, if there is none, their habitual residence law at the time of marriage, or, failing this, Turkish law.
   (2) Country of location law applies to immovable property when liquidating assets.
   (3) Spouses who acquire a new joint law following marriage may be subject to this new law without prejudice to third party rights.

   Establishing filiation
   ARTICLE 16 -
(1) The establishing of filiation is subject to the child’s national law at the time of birth or, if it cannot be established, the child’s habitual residence law. If filiation cannot be established under these laws, it is established subject to the mother’s or father’s national laws at the time the child was born, or, if it cannot be established under these, to the mother’s or father’s joint habitual residence law at the time the child was born or, if it cannot be established under these, to the child’s birthplace law.
   (2) Annulment of filiation is subject to whichever law filiation was established under.

   Effects of filiation
   ARTICLE 17 -
(1) The effects of filiation are subject to the law that established filiation. However, if the mother, father and child have joint national law, that law is applied to the effects of filiation or, if they do not, their joint habitual residence law.

   Adoption
   ARTICLE 18 -
(1) Capacity and requirements for adoption are subject to each of the parties’ national law at the time of adoption.
   (2) The spouses’ respective national law is applied jointly concerning the other spouse’s consent to adoption and placement in adoption.
   (3) The effects of adoption are subject to the adopter’s national law or, if spouses adopt jointly, to the law that governs the general effects of marriage.

   Maintenance
   ARTICLE 19 -
(1) Applications for maintenance are subject to the maintenance recipient’s habitual residence law.

   Succession
   ARTICLE 20 -
(1) Succession is subject to the decedent’s national law. Turkish law is applied to immovable property located in Turkey.
   (2) Provisions on the cause of the opening of succession and the acquisition and distribution of the estate are subject to the law of the country where the estate is located.
   (3) Any uninherited estate located in Turkey accrues to the State.
   (4) The provision of Article 7 is applied to the form of disposition on death. Dispositions on death that meet the formal requirements of the decedent’s national law are also valid.
   (5) The capacity to dispose on death is subject to the disposer’s national law at the time of disposition.

   Real rights
   ARTICLE 21 -
(1) Property rights and other real rights over movable and immovable property are subject to the law of the country the property is located in at the time of the transaction.
   (2) Place of destination law is applied to real rights over property in transit.
   (3) On change of location, real rights that have yet to be acquired are subject to the law of the country where the property was last located.
   (4) With respect to the form of legal transactions relating to real rights over immovable property, the law of the country where such property is located is applied.

   Vehicles
   ARTICLE 22 -
(1) Real rights over aircraft, marine craft and railed vehicles are subject to the law of the country of origin.
   (2) The country of origin is the location of the register in which the real rights are recorded in the case of aircraft and marine craft or, if there is no such register location, the home port with respect to marine craft and the place of licensing with respect to railed vehicles.

   Law applicable to intellectual property rights
   ARTICLE 23 -
(1) Intellectual property rights are subject to whichever country’s law protection is applied for under.
   (2) The parties may decide subsequent to such breach that lex fori be applied to claims arising out of intellectual property rights breaches.

   Law applicable to contractual obligation relationships
   ARTICLE 24 -
(1) Contractual obligation relationships are subject to the law the parties have expressly chosen. Choice of law that can be inferred beyond all doubt from the contractual provisions or circumstances of the case is also valid.
   (2) The parties may resolve that the chosen law be applied to the whole or part of a contract.
   (3) Choice of law may be made or varied by the parties at any time. Choice of law made after the conclusion of the contract is valid retrospectively without prejudice to third party rights.
   (4) In the absence of choice of law by the parties, the law most closely connected to that contract is applied to the relationship arising out of a contract. This law is deemed to be the characteristic performer’s habitual residence law at the time the contract was concluded, or in contracts entered into for trade or professional purposes the law of the characteristic performer’s place of business or, if they have none, their domicile law, or, if the characteristic performer has multiple places of business, the law of the place of business most closely connected to the contract in question. However, if it appears from all the circumstances of the case that there is a law more closely connected to the contract, it is subject to such law.

   Contracts on immovable property
   ARTICLE 25 -
(1) Contracts on immovable property and its use are subject to the laws of the country where the immovable property is located.

   Consumer contracts
   ARTICLE 26 -
(1) Consumer contracts whose object is the provision of goods or services or loans for non-professional or non-commercial purposes are subject to the law of the parties’ choice without prejudice to the minimum protection the consumer possesses under the prescriptive provisions of their habitual residence law.
   (2) In the absence of choice of law by the parties, the consumer’s habitual residence law is applied. Application of the consumer’s habitual residence law is conditional on:
   a) the contract having been concluded in the country where the consumer’s habitual residence is located and by special invitation addressed to them or by advertising and the legal acts necessary on the consumer’s part to enter into the contract having been performed in this country, or
   b) the other party or their representative having taken the consumer’s order in this country, or
   c) if the relationship is a contract of sale, the vendor having arranged a trip for the purpose of inducing the consumer to buy and the consumer having made this trip from their country of location to another country and having placed the order there.
   (3) The consumer’s habitual residence law is applied to the form of consumer contracts made subject to the stipulations in paragraph two.
   (4) This article is not applied to contracts of carriage apart from package tours or to contracts where the service is to be supplied to the consumer in a country other than the country where their habitual residence is located.

   Contracts of employment
   ARTICLE 27 -
(1) Contracts of employment are subject to the law of the parties’ choice without prejudice to the minimum protection the employee possesses under the prescriptive provisions of their habitual workplace law.
   (2) In the absence of choice of law by the parties, the law of the workplace where the employee habitually performs their work is applied to the contract of employment. If the employee is temporarily employed in another country, this workplace is not deemed to be the habitual workplace.
   (3) If the employee does not habitually perform their work in any one country but does so regularly in more than one country, the contract of employment is subject to the law of the country where the employer’s principal place of business is located.
   (4) However, if it appears from all the circumstances of the case that there is a law more closely connected to the contract of employment, such law may be applied instead of the provisions of paragraphs two and three.

   Contracts on intellectual property rights
   ARTICLE 28 -
(1) Contracts on intellectual property rights are subject to the law of the parties’ choice.
   (2) In the absence of choice of law by the parties, the law of the place of business of the party that transfers the intellectual property right or its usage at the time the contract was concluded or, if they have none, that of their habitual residence is applied. However, if it appears from all the circumstances of the case that there is a law more closely connected to the contract, the contract is subject to such law.
   (3) The law to which the contract of employment is subject is applied to contracts between the employee and employer on the employee’s intellectual property rights over intellectual products they create as part of their work and in the course of performing their work.

   Contracts on the carriage of goods
   ARTICLE 29 -
(1) Contracts on the carriage of goods are subject to the law of the parties’ choice.
   (2) In the absence of choice of law by the parties, if at the time the contract was concluded the country where the carrier’s principal place of business is located is at the same time the country in which loading or discharge is conducted or the country where the consignor’s principal place of business is located, this country is deemed to be most closely connected to the contract and the law of this country is applied to the contract. Single voyage charter parties and other contracts whose main object is the carriage of goods are also subject to the provisions of this article.
   (3) If it appears from all the circumstances of the case that there is a law more closely connected to the contract on carriage, such law is applied to the contract.

   Agency
   ARTICLE 30 -
(1) Agency arising from the legal relationship between the representative and principal is subject to the law applied to the relationship arising under the contract between them.
   (2) The law of the representative’s place of business is applied to the requirements for an act of the representative to bind the principal against third parties. Where the representative has no place of business or it is unknowable to the third party or agency is exercised outside the place of business, agency is subject to the law of the country in which it is effectively exercised. The provision of this paragraph is also applied to the relationship between the representative and the third party under unauthorized representation.
   (3) If there is a relationship of employment between the representative and principal and the representative has no independent place of business, agency is subject to the law of the country where the principal’s place of business is located.

   Mandatory rules
   ARTICLE 31 -
(1) In applying the law to which the relationship arising under the contract is subject, effect may be given to the mandatory rules of the law of a third country if it is closely connected to the contract. In considering whether to give effect to and apply or deny the application of such rules, regard is had to the purpose, nature, content and consequences of such rules.

   Existence and material validity of contractual relationships
   ARTICLE 32 -
(1) The existence and material validity of a contractual relationship or one of its provisions is subject to whichever law is applied if the contract is valid.
   (2) The law of the country where the party alleging lack of consent has their habitual residence is applied to the existence of intent if it appears from the circumstances of the case that it would be unreasonable to give effect to the conduct of one of the parties based on the applicable law.

   Modality of performance and precautions
   ARTICLE 33 -
(1) With respect to the actions and procedures undertaken and precautions to protect goods during performance, reference is made to the law of the country where such actions or procedures are undertaken or such precautions are taken.

   Torts
   ARTICLE 34 -
(1) Tortious obligations are subject to the law of the country where the tort is committed.
   (2) If the places where the tort is committed and the injury occurs are in different countries, the law of the country where the injury occurs is applied.
   (3) If the obligatory relationship arising out of the tort is more closely connected to another country, the law of such country is applied.
   (4) If the law applied to the tort or insurance contract so permits, the injured party may bring their claim directly against the liable party’s insurer.
   (5) The parties may subsequent to the occurrence of a tort expressly choose the law to be applied.

   Liability under violation of personal rights
   ARTICLE 35 -
(1) As chosen by the injured party:
   a) the injured party’s habitual residence law, if the injuring party was capable of knowing that the injury would occur in this country,
   b) the law of the country where the injuring party’s place of business or habitual residence is located, or
   c) the law of the country in which the injury occurs, if the injuring party was capable of knowing that the injury would occur in this country,
   is applied to claims arising out of violations of personal rights through media such as the press, radio and television or the internet or other means of mass communication.
   (2) The right of reply under violation of personal rights is subject in the case of periodicals solely to the law of the country in which they are printed or in which the programme is broadcast.
   (3) Paragraph one of the Article is also applied to claims arising from the violation of personality through the processing of personal data or the restriction of the right to obtain information about personal data.

   Manufacturers’ extracontractual liability
   ARTICLE 36 -
(1) As chosen by the injured party, the law of the injuring party’s habitual residence or place of business or of the country in which the manufactured item is procured is applied to liability arising from injury caused by manufactured items. To permit application of the law of the country of procurement, the injuring party must be unable to prove that the product was brought into that country without their consent.

   Unfair competition
   ARTICLE 37 -
(1) Claims arising out of unfair competition are subject to the law of the country whose market is directly affected on account of the unfair competition.
   (2) If solely the injured party’s interests relating to its commercial entity have been violated on account of the unfair competition, the law of the country in which the commercial entity in question has its place of business is applied.

   Obstruction of competition
   ARTICLE 38 -
(1) Claims arising out of obstruction of competition are subject to the law of the country where the market directly affected on account of such obstruction is located.
   (2) Where foreign law is applied to obstruction of competition in Turkey, a greater amount of compensation may not be ordered than would have been awarded had Turkish law been applied.

   Unjust enrichment
   ARTICLE 39 -
(1) Claims arising out of unjust enrichment are subject to the law applied to the existing or allegedly existing legal relationship that gives rise to the enrichment. In other cases, the law of the country in which the enrichment occurs is applied to unjust enrichment.
   (2) The parties may subsequent to the occurrence of unjust enrichment expressly choose the law to be applied.

DIVISION TWO
International Procedural Law

SECTION ONE
International Jurisdiction of Turkish Courts

   International jurisdiction
   ARTICLE 40 -
(1) The territorial jurisdiction rules of domestic law determine Turkish courts’ international jurisdiction.

   Proceedings on Turks’ personal status
   ARTICLE 41 -
(1) Proceedings on Turkish nationals’ personal status, if not filed or fileable before the courts of foreign countries, are heard before the territorially competent court in Turkey, or, if there is none, the court where the person concerned resides or, if they do not reside in Turkey, where their last domicile in Turkey was located, or, failing that, either of the courts of Ankara, Istanbul or Ýzmir.

   Certain proceedings on foreigners’ personal status
   ARTICLE 42 -
(1) Decisions on guardianship, curatorship, interdiction, absence and presumptive death concerning foreigners without domicile in Turkey are issued by the court of the place in Turkey where the person concerned resides or, if they are non-resident, where their assets are located.

   Succession proceedings
   ARTICLE 43 -
(1) Succession proceedings are heard before the court of the decedent’s last residence in Turkey, or, if their last residence was not in Turkey, of the place where the assets in the estate are located.

   Proceedings on contracts of employment and relations of employment
   ARTICLE 44 -
(1) The court where the workplace at which the employee habitually performs their work is located in Turkey has jurisdiction over disputes arising out of individual contracts of employment and relations of employment. In proceedings the employee brings against the employer, the Turkish courts where the employer’s domicile or the employee’s domicile or habitual residence are located also have jurisdiction.

   Proceedings on consumer contracts
   ARTICLE 45 -
(1) In disputes arising out of the consumer contracts specified in Article 26, as the consumer chooses, the Turkish courts where the consumer’s domicile or habitual residence or the opposing party’s place of business, domicile or habitual residence is located have jurisdiction.
   (2) In proceedings brought against the consumer concerning consumer contracts concluded pursuant to paragraph one, the competent court is the consumer’s court of habitual residence in Turkey.

   Proceedings on insurance contracts
   ARTICLE 46 -
(1) In disputes arising out of insurance contracts, the court where the insurer’s principal place of business or their branch or agency that made the insurance contract is located in Turkey has jurisdiction. However, in proceedings brought against the policy holder, insured or beneficiary, the competent court is the court of their domicile or habitual residence in Turkey.

   Jurisdiction agreements and their limits
   ARTICLE 47 -
(1) Should territorial jurisdiction not be awarded under an exclusive jurisdiction rule, the parties may agree that a dispute between them having a foreign element and arising out of an obligatory relationship be heard before the court of a foreign country. The agreement is valid if evidenced in writing. The proceedings are only heard before the competent Turkish court if the foreign court declares itself incompetent or the jurisdiction of the Turkish courts is unchallenged.
   (2) The jurisdiction of the courts specified in Articles 44, 45 and 46 cannot be set aside with the parties’ agreement.

   Security
   ARTICLE 48 -
(1) Foreign natural and juristic persons who bring proceedings, participate in proceedings or pursue enforcement proceedings before a Turkish court must furnish such security as the court stipulates to cover the costs of litigation and enforcement along with the opposing party’s loss and injury.
   (2) The court exempts the claimant, proceedings participant or pursuer of enforcement proceedings from security based on the principle of reciprocity.

   Cases in which foreign states may not rely on legal immunity
   ARTICLE 49 -
(1) Legal immunity is not afforded to foreign states in disputes arising out of private law relationships.
   (2) In such disputes, service may be made on the state’s diplomatic representatives.

SECTION TWO
Domestic Enforcement and Recognition of Foreign Judicial and Arbitral Decisions

   Domestic enforcement order
   ARTICLE 50 -
(1) The granting of a domestic enforcement order by the Turkish courts is required to permit enforcement in Turkey of judgments that are issued by foreign courts on civil cases and have attained finality in accordance with the laws of that country.
   (2) A domestic enforcement order may also be sought in respect of orders concerning personal rights contained in foreign courts’ criminal judgments.

   Subject matter and territorial jurisdiction
   ARTICLE 51 -
(1) The court with subject matter jurisdiction over domestic enforcement orders is the court of first instance.
   (2) Such orders may be sought from the court of the enforcee’s domicile, or, if they have none, that of their residence in Turkey, or, if they have no domicile or residence in Turkey, either of the courts of Ankara, Istanbul or Ýzmir.

   Application for domestic enforcement
   ARTICLE 52 -
(1) All who have a legal interest in a decision being domestically enforced may seek domestic enforcement. Domestic enforcement is sought by means of petition. The following points are included in the petition:
   a) The forenames, surnames and addresses of the applicant for domestic enforcement and the opposing party and their legal representatives and attorneys, if any,
   b) The country whose court issued the judgment whose domestic enforcement is sought and the court’s name along with the date and number of the judgment and a summary of the judgment, and
   c) If domestic enforcement is sought of a section of the judgment, which section this is.

   Documents to be annexed to the petition
   ARTICLE 53 -
(1) The following documents are annexed to the petition for domestic enforcement:
   a) An original duly certified by that country’s authorities or a copy certified by the judicial entity that issued the judgment and a certified translation of the foreign court judgment, and
   b) A letter or certificate that shows the judgment to have attained finality and has been duly certified by that country’s authorities along with its certified translation.

   Requirements for domestic enforcement
   ARTICLE 54 -
(1) The competent court grants a domestic enforcement order subject to the following requirements:
   a) The existence of a treaty based on the principle of reciprocity between the Republic of Turkey and the country in which the judgment was issued or of a statutory provision or de facto procedure that enables judgments issued by Turkish courts to be domestically enforced in that country,
   b) The judgment having been issued on a matter that does not fall to the exclusive jurisdiction of the Turkish courts or, provided the defendant objects, the judgment not having been issued by the court of a country that has deemed itself competent despite having no real connection to the matter at issue or the parties,
   c) The judgment not being in flagrant breach of public policy, and
   ç) The enforcee not having been duly notified to attend at the adjudging court or not having been represented at that court pursuant to lex loci or else judgment having been issued in default or in their absence contrary to such law, and such person not having objected before the Turkish court against the application for domestic enforcement based on one of the above considerations.

   Service and objection
   ARTICLE 55 -
(1) The petition seeking domestic enforcement along with the date of the hearing is served on the opposing party. The recognition and domestic enforcement of voluntary jurisdiction decisions is subject to the same provision. The service provision is not applied with uncontested voluntary jurisdiction decisions. The application is examined and adjudicated in accordance with the provisions on simplified proceedings.
   (2) The opposing party may only object by submitting that the requirements for domestic enforcement under the provisions of this section have not been fulfilled or the foreign court judgement has been partially or fully executed or an obstacle to its execution has arisen.

   Order
   ARTICLE 56 -
(1) Order may be made by the court to partially or fully domestically enforce the judgment or to dismiss the application. Such order is entered beneath the foreign court judgment and is sealed and signed by the judge.

   Execution and cassation
   ARTICLE 57 -
(1) Enforcement of foreign court judgments ordered to be enforced domestically is identical to that of judgments issued by Turkish courts.
   (2) Cassation review of decisions granting or dismissing applications for domestic enforcement is subject to general provisions. Cassation halts execution.

   Recognition
   ARTICLE 58 -
(1) To enable a foreign court judgment to be deemed legally binding evidence or having final force, determination is required by the court that the foreign judgment fulfils the requirements for domestic enforcement. Sub-paragraph (a) of paragraph one of Article 54 is not applied in recognition.
   (2) Recognition of uncontested voluntary jurisdiction decisions is subject to the same provision.
   (3) The same procedure is applied to the conducting of an administrative act in Turkey based on a foreign court judgment.

   Final force and legally binding evidentiary force
   ARTICLE 59 -
(1) The final force and legally binding evidentiary force of a foreign judgment takes effect from the time the foreign court decision attains finality.

   Domestic enforcement of foreign arbitral awards
   ARTICLE 60 -
(1) Foreign arbitral awards that have attained finality and have become enforceable or are binding on the parties may be domestically enforced.
   (2) Domestic enforcement of foreign arbitral awards is sought by petitioning the court of first instance in the place the parties have agreed on in writing. In the absence of such agreement between the parties, the court of the place in Turkey where the award debtor has their domicile, or, if they have none, their residence or, failing this, where realizable property is located is deemed to have jurisdiction.

   Petition and examination procedure
   ARTICLE 61 -
(1) The applicant for domestic enforcement of a foreign arbitral award annexes to their petition as many copies of the following documents as there are opposing parties:
   a) The original or a duly certified copy of the arbitration agreement or clause,
   b) The original or a duly certified copy that has attained finality and has become enforceable or is binding on the parties of the arbitral award, and
   c) Translated and duly certified copies of the documents enumerated in sub-paragraphs (a) and (b).
   (2) The provisions of Articles 55, 56 and 57 are applied mutatis mutandis by the court to the enforcement of arbitral awards.

   Grounds for dismissal
   ARTICLE 62 -
(1) The court dismisses the application for domestic enforcement of an arbitral award if:
   a) no arbitration agreement was made or no arbitration clause was placed in the main contract,
   b) the arbitral award is contrary to general morality or public policy,
   c) the issue at dispute in the arbitral award cannot be resolved through arbitration under Turkish statutes,
   ç) one of the parties was not duly represented before the arbitrators and has not later expressly acknowledged the procedures conducted,
   d) the enforcee was not duly notified of the election of arbitrators or was denied the possibility of claim and defence,
   e) the arbitration agreement or arbitration clause is invalid under the law it was subjected to by the parties or, in the absence of such agreement, the law of the country where the arbitral ruling was issued,
   f) the election of arbitrators or the procedure the arbitrators implemented violates the parties’ agreement, or in the absence of such agreement, the law of the country where the arbitral ruling was issued,
   g) the arbitral award is on a matter that is not included in the arbitration agreement or clause or exceeds the bounds of the contract or clause, with respect to such section, or
   h) the arbitral award has not attained finality or become enforceable or binding under the provisions of the law of the country it is subject to or where it was issued or the procedure it is subject to or it has been annulled by the competent authority in the place where it was issued.
   (2) The burden of proving the matters set out in sub-paragraphs (ç), (d), (e), (f), (g) and (h) of paragraph one is on the enforcee.

   Recognition of foreign arbitral awards
   ARTICLE 63 -
(1) Recognition of foreign arbitral awards is also subject to the provisions on domestic enforcement.

SECTION THREE
Final Provisions

   Repealed provisions
   ARTICLE 64 -
(1) The Law on International Private Law and Procedural Law number 2675 of 20/5/1982,
   (2) Paragraph two of Article 866 of the Turkish Commercial Code number 6762 of 29/6/1956, and
   (3) Article 88 of the Law on Intellectual and Artistic Works number 5846 of 5/12/1951
   have been repealed.

   Effectiveness
   ARTICLE 65 -
(1) This Law takes effect on the date of its promulgation.
   Enforcement

   ARTICLE 66 - (1) The Cabinet enforces the provisions of this Law.

Archive of Turkish legal translations by Tim Drayton