Anyone doing business, building a family or holding assets between Turkey and Germany may eventually face this question: is a court judgment obtained in one country worth anything in the other? The answer depends on the type of judgment and on whether the requirements of both legal systems are met. First, the terms: recognition means the legal effects of a judgment (for example, a divorce) are accepted in the other country; enforcement allows the judgment to be executed there (for example, collecting a debt).

1. A foreign judgment in Turkey: the MÖHUK framework

In Turkey, the recognition and enforcement of foreign judgments are governed by the Law on Private International and Procedural Law No. 5718 (MÖHUK, Art. 50 et seq.). The claim is filed before the competent court (generally the civil court of first instance, or the family court for family law matters). The court does not re-examine the merits; it only checks whether the statutory requirements are met. The main requirements are:

  • The judgment must be final, and this must be documented
  • Reciprocity between the state of origin and Turkey
  • The subject matter must not fall under the exclusive jurisdiction of Turkish courts
  • The judgment must not manifestly violate Turkish public policy
  • The defendant must have been properly summoned and able to exercise the right to defence

In practice, the most frequent problems are missing or improperly certified documents (apostille, sworn translation), the absence of a finality certificate, and proving reciprocity.

2. A Turkish judgment in Germany: ZPO and FamFG

In Germany, foreign judgments in civil and commercial matters are, under certain conditions, recognised automatically pursuant to Section 328 of the Code of Civil Procedure (ZPO). The conditions include: the foreign court must also have had jurisdiction under German law, the defendant must have been properly served, there must be no conflicting judgment, no violation of public policy, and reciprocity. To enforce the judgment in Germany, a separate enforcement judgment (Vollstreckungsurteil, Section 722 ZPO) is required, sought before the Regional Court (Landgericht).

For family law judgments such as divorces, German law (Section 107 FamFG) generally provides for a recognition procedure before the state judicial administration. The exceptions and requirements of this procedure vary depending on the nature of the decision.

3. Points to watch in both directions

  • The merits are not re-examined, but formal and procedural requirements are scrutinised closely.
  • Apostilled documents and sworn translations should be ready.
  • Reciprocity is a critical requirement in both systems and is assessed case by case.
  • Correctly identifying deadlines and the competent authority directly affects how quickly the process moves.

This article is for general information only and does not constitute legal advice. Statutory provisions and practice may change; every case must be assessed on its own facts.

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Turkut Legal advises on recognition and enforcement procedures between Turkish and German law, from preparing the documents to filing the application. To assess how and before which authority your judgment can be given effect, get in touch with us. Counsel available in Turkish, English and German.