The enforcement of judgments rendered by foreign courts in Türkiye is possible only upon the issuance of an enforcement decision by Turkish courts. When examining requests for enforcement, Turkish courts conduct a limited review confined to the enforcement conditions set out under the International Private and Procedural Law Act No. 5718 (IPPL).

In this context, for a judgment rendered by a French court to be enforceable in Türkiye, the decision must:

1. have been rendered by a court;
2. concern a civil matter; and
3. have become final.

Among these preliminary requirements, items (i) and (iii) are assessed under French law, while the civil nature of the dispute is determined pursuant to Turkish law. Once these preliminary conditions are satisfied, French court judgments may be enforced in Türkiye provided that the enforcement requirements outlined below are also met.

Turkish courts do not examine the merits of the foreign judgment during enforcement proceedings. The system of révision au fond, which is not adopted in France, is likewise not applied under Turkish law.

1. Conditions for Enforcement

In enforcement proceedings, Turkish courts review only the following conditions:

1.1. Reciprocity Between the Country of Origin and Türkiye

Reciprocity is a prerequisite for the enforcement of foreign court judgments in Türkiye. This requirement may be satisfied through:

• treaty-based reciprocity,
• legal reciprocity, or
• de facto reciprocity.

Although no bilateral treaty exists between Türkiye and France on this matter, Turkish courts generally conclude that reciprocity exists based on legal or de facto reciprocity.

For instance, in a decision rendered in 2022, the Istanbul Regional Court of Appeal acknowledged the existence of reciprocity between the two countries and granted enforcement of a compensation judgment issued by the Paris Civil Court.

1.2. Absence of Exclusive Jurisdiction of Turkish Courts and Excessive Jurisdiction of the Foreign Court

A French court judgment cannot be enforced in Türkiye if it concerns a matter falling within the exclusive jurisdiction of Turkish courts.

Examples include:

• judgments concerning rights in rem over immovable property located in Türkiye,
• judgments rendered based on excessive jurisdiction, particularly those relying on Articles 14 and 15 of the French Civil Code, which grant jurisdiction solely on the basis of French nationality.

In such cases, the enforcement request may be rejected.

1.3. Compliance with Turkish Public Order

The enforcement of the judgment must not be manifestly contrary to Turkish public order.

Public order is not expressly defined under Turkish legislation and is assessed by the courts on a case-by-case basis. The prevailing approach is to interpret this condition narrowly.

A violation of public order is recognized only where enforcement would harm:

• the fundamental values of Turkish law,
• constitutionally protected fundamental rights and freedoms, or
• economic public order.

A mere contradiction with Turkish legal rules does not, in itself, constitute a violation of public order.

1.4. Respect for the Defendant’s Right to Defense

The defendant must have been duly summoned and granted the right to defend itself before the French court. Otherwise, the judgment is deemed to have been rendered in default, which constitutes a ground for refusal of enforcement under Turkish law.

2. Exemption from Security for Costs

Foreign individuals or entities initiating lawsuits or enforcement proceedings in Türkiye are generally required to provide security for costs. However, Turkish courts may exempt foreign parties from this obligation based on the principle of reciprocity.

Pursuant to the 1954 Convention on Civil Procedure, to which both Türkiye and France are parties, French individuals and legal entities are exempt from providing security for costs in enforcement proceedings initiated in Türkiye.

While earlier case law of the Court of Cassation limited this exemption to natural persons, recent decisions confirm that legal entities may also benefit from this exemption.

3. Conclusion

To enforce judgments rendered by French courts in Türkiye, an enforcement action must be filed before Turkish courts. Where the preliminary requirements and enforcement conditions stipulated under the IPPL are met, Turkish courts grant enforcement.

Once the enforcement decision becomes final, French court judgments may be executed in Türkiye through Turkish enforcement offices.

Furthermore, French individuals and legal entities initiating enforcement proceedings in Türkiye are exempt from the obligation to provide security for costs.