Code on Private International and Procedural Law

(1) This Code governs the law applicable to transactions and relationships of private law involving a foreign element, the international jurisdiction of Turkish courts, and the recognition and enforcement of foreign judgments.

(2) The provisions of international conventions to which the Republic of Türkiye is a party are reserved.

(1) The judge shall apply ex officio the Turkish conflict-of-laws rules and the foreign law that is competent under those rules. The judge may request the assistance of the parties in establishing the content of the competent foreign law.

(2) Where the provisions of the foreign law relevant to the case cannot be established despite all investigations, Turkish law shall apply.

(3) A referral by the conflict-of-laws rules of the applicable foreign law to another law shall be taken into account only in disputes concerning the law of persons and family law, and the substantive provisions of that law shall be applied.

(4) Where the parties are allowed to choose the applicable law, the substantive provisions of the chosen law shall apply unless the parties have expressly agreed otherwise.

(5) Where the State whose law is to be applied consists of two or more territorial units each having its own legal system, the law of the territorial unit to be applied shall be determined according to the law of that State. In the absence of a decisive provision in the law of that State, the law of the territorial unit most closely connected with the dispute shall apply.

(1) Where the competent law is determined on the basis of nationality, domicile or habitual residence, the nationality, domicile or habitual residence at the date the action is brought shall be taken as the basis, unless otherwise provided.

(1) Where, under the provisions of this Code, the competent law is determined on the basis of nationality, unless otherwise provided in this Code:

a) for stateless persons and refugees, the law of their domicile, or failing that the law of their habitual residence, or failing that the law of the country where they are present on the date the action is brought;

b) for persons holding the nationality of more than one State who are also Turkish citizens, Turkish law;

c) for persons holding the nationality of more than one State who are not Turkish citizens, the law of the State with which they are most closely connected;

shall apply.

(1) Where a provision of the competent foreign law applied to a particular case is manifestly contrary to Turkish public policy, that provision shall not be applied; where deemed necessary, Turkish law shall apply.

(1) Where the competent foreign law applies, a directly applicable (overriding mandatory) rule of Turkish law shall apply to situations falling within its scope, having regard to its regulatory purpose and field of application.

(1) A legal transaction may be executed in the form required by the substantive provisions either of the law of the country where it is executed or of the law governing the substance of that transaction.

(1) Limitation (prescription) is governed by the law applicable to the substance of the legal transaction or relationship.

(1) Legal capacity and capacity to act are governed by the national law of the person concerned.

(2) A person who lacks capacity under his or her national law but has capacity under the law of the country where the transaction is executed is bound by that legal transaction. Transactions concerning family law and the law of succession, and transactions concerning rights in rem over immovable property located in another country, are excluded from this rule.

(3) Majority acquired under a person's national law does not end upon a change of nationality.

(4) The legal capacity and capacity to act of legal persons, and of associations of persons or assets, are governed by the law of the seat of administration stated in their statutes. However, if the actual seat of administration is in Türkiye, Turkish law may be applied.

(5) The capacity of legal persons without statutes, and of associations of persons or assets without legal personality, is governed by the law of their actual seat of administration.

(1) The grounds for ordering or terminating guardianship or interdiction are governed by the national law of the person for whom the order or its termination is sought.

(2) Where guardianship or interdiction cannot be ordered under the national law of a foreigner, a guardianship or interdiction order may be made or lifted under Turkish law if that person's habitual residence is in Türkiye. Turkish law also applies where the person is necessarily present in Türkiye.

(3) All matters relating to interdiction or guardianship other than the grounds for ordering or terminating them, as well as curatorship, are governed by Turkish law.

(1) A declaration of absence or presumption of death is governed by the national law of the person concerned. If such a declaration cannot be made under that person's national law, it shall be made under Turkish law where the person's assets are located in Türkiye or where his or her spouse or one of the heirs is a Turkish citizen.

(1) Capacity and conditions for engagement are governed by the national law of each party at the time of the engagement.

(2) The effects and consequences of the engagement are governed by the common national law of the parties, or by Turkish law if the parties are of different nationalities.

(1) Capacity and conditions for marriage are governed by the national law of each party at the time of the marriage.

(2) The form of marriage is governed by the law of the country where it is celebrated.

(3) The general effects of marriage are governed by the common national law of the spouses. If the spouses are of different nationalities, the law of their common habitual residence applies, and failing that, Turkish law.

(1) The grounds for and effects of divorce and separation are governed by the common national law of the spouses. If the spouses are of different nationalities, the law of their common habitual residence applies, and failing that, Turkish law.

(2) Maintenance claims between divorced spouses are governed by paragraph 1. This rule also applies in cases of separation and annulment of marriage.

(3) Custody and matters relating to custody upon divorce are also governed by paragraph 1.

(4) Requests for interim measures are governed by Turkish law.

(1) The spouses may expressly choose, for their matrimonial property, either the law of their habitual residence or one of their national laws at the time of the marriage. In the absence of such a choice, matrimonial property is governed by the common national law of the spouses at the time of the marriage; failing that, by the law of their common habitual residence at the time of the marriage; and failing that, by Turkish law.

(2) In the liquidation of the property, immovables are governed by the law of the country where they are located.

(3) Spouses who acquire a new common law after the marriage may submit to that new law, without prejudice to the rights of third parties.

(1) The establishment of parentage is governed by the national law of the child at the time of birth and, if parentage cannot be established under that law, by the law of the child's habitual residence. If parentage cannot be established under these laws, it shall be established under the national law of the mother or the father at the time of the child's birth; failing that, under the law of the common habitual residence of the mother and father at the time of the child's birth; and failing that, under the law of the child's place of birth.

(2) The annulment (contestation) of parentage is governed by the law under which the parentage was established.

(1) The effects of parentage are governed by the law under which the parentage was established. However, if the mother, the father and the child have a common national law, the effects of parentage are governed by that law, and failing that, by the law of their common habitual residence.

(1) Capacity and conditions for adoption are governed by the national law of each party at the time of the adoption.

(2) As regards the consent of the other spouse to adopting or being adopted, the national laws of the spouses apply cumulatively.

(3) The effects of adoption are governed by the national law of the adopter or, where spouses adopt jointly, by the law governing the general effects of marriage.

(1) Maintenance claims are governed by the law of the habitual residence of the maintenance creditor.

(1) Succession is governed by the national law of the deceased. Turkish law applies to immovable property located in Türkiye.

(2) The provisions on the grounds for the opening of the succession, its acquisition and its distribution are governed by the law of the country where the estate is located.

(3) An estate located in Türkiye that has no heirs passes to the State.

(4) The form of dispositions upon death is governed by Article 7. Dispositions upon death made in a form complying with the national law of the deceased are also valid.

(5) Capacity to make a disposition upon death is governed by the national law of the person making the disposition at the time it is made.

(1) Ownership and other rights in rem over movable and immovable property are governed by the law of the country where the property is located at the time of the transaction.

(2) Rights in rem over goods in transit are governed by the law of the place of destination.

(3) In the event of a change of location, rights in rem not yet acquired are governed by the law of the country where the property was last located.

(4) The form of legal transactions concerning rights in rem over immovable property is governed by the law of the country where the property is located.

(1) Rights in rem over aircraft, ships and rail vehicles are governed by the law of the country of origin.

(2) The country of origin is: for aircraft and ships, the place of the register in which rights in rem are registered; for ships without such a register, the port of registry (home port); and for rail vehicles, the place of licensing.

(1) Intellectual property rights are governed by the law of the country for which protection is sought.

(2) After the infringement, the parties may agree that claims arising from the infringement of an intellectual property right are governed by the law of the forum.

(1) Contractual obligations are governed by the law expressly chosen by the parties. A choice of law that can be clearly understood from the terms of the contract or from the circumstances of the case is also valid.

(2) The parties may agree that the chosen law applies to the whole contract or to part of it.

(3) The parties may make or change a choice of law at any time. A choice of law made after the conclusion of the contract is valid retroactively, without prejudice to the rights of third parties.

(4) If the parties have not chosen the applicable law, the contractual relationship is governed by the law most closely connected with the contract. That law is deemed to be the law of the habitual residence of the party who is to perform the characteristic obligation at the time of conclusion of the contract; for contracts concluded in the course of commercial or professional activities, the law of that party's place of business, or failing that, of its domicile; and where that party has more than one place of business, the law of the place of business most closely connected with the contract. However, where, in view of all the circumstances, there is a law more closely connected with the contract, the contract is governed by that law.

(1) Contracts relating to immovable property or to its use are governed by the law of the country where the property is located.

(1) Consumer contracts for the supply of goods, services or credit for a purpose outside the consumer's professional or commercial activity are governed by the law chosen by the parties, without prejudice to the minimum protection the consumer would enjoy under the mandatory provisions of the law of his or her habitual residence.

(2) If the parties have not chosen the applicable law, the law of the consumer's habitual residence applies. For the law of the consumer's habitual residence to apply:

a) the contract must have been concluded in the country of the consumer's habitual residence following a specific invitation addressed to the consumer or as a result of advertising, and the legal acts required of the consumer to conclude the contract must have been performed in that country; or

b) the other party or its representative must have received the consumer's order in that country; or

c) where the relationship is a contract of sale, the seller must have organised a trip in order to induce the consumer to buy, and the consumer must have travelled on that trip from his or her country to another country and placed the order there.

(3) The form of consumer contracts concluded under the conditions of paragraph 2 is governed by the law of the consumer's habitual residence.

(4) This Article does not apply to contracts of carriage, other than package tours, or to contracts under which the services are to be supplied to the consumer exclusively in a country other than that of his or her habitual residence.

(1) Amended on 4 June 2025 by Law No. 7550, Art. 18 Employment contracts are governed by the law determined by the parties in the contract, without prejudice to the minimum protection the employee would enjoy under the mandatory provisions of the law of his or her habitual place of work.

(2) If the parties have not chosen the applicable law, the employment contract is governed by the law of the place of work where the employee habitually carries out the work. Where the employee temporarily works in another country, that place of work is not deemed the habitual place of work.

(3) Where the employee does not habitually work in any one country but works continuously in more than one country, the employment contract is governed by the law of the country where the employer's principal place of business is located.

(4) Amended on 4 June 2025 by Law No. 7550, Art. 18 However, where, in view of all the circumstances, there is a law more closely connected with the employment contract, that law may be applied to the contract instead of paragraphs 1, 2 and 3, except for the provisions of the law of the place of work that must be applied while the work is performed.

(1) Contracts relating to intellectual property rights are governed by the law chosen by the parties.

(2) If the parties have not chosen the applicable law, the contractual relationship is governed by the law of the place of business, or failing that, the habitual residence, at the time of conclusion of the contract, of the party transferring the intellectual property right or the right to use it. However, where, in view of all the circumstances, there is a law more closely connected with the contract, the contract is governed by that law.

(3) Contracts between an employee and an employer concerning intellectual property rights in works created by the employee within the scope and in the course of his or her employment are governed by the law applicable to the employment contract.

(1) Contracts for the carriage of goods are governed by the law chosen by the parties.

(2) If the parties have not chosen the applicable law and the country in which the carrier has its principal place of business at the time of conclusion of the contract is also the country of loading or unloading or the country of the consignor's principal place of business, that country is deemed most closely connected with the contract and its law applies. Single-voyage charter parties and other contracts whose main purpose is the carriage of goods are also subject to this Article.

(3) Where, in view of all the circumstances, there is a law more closely connected with the contract for the carriage of goods, the contract is governed by that law.

(1) An agent's authority arising from the legal relationship between the agent and the principal is governed by the law applicable to the contractual relationship between them.

(2) The conditions under which an act of the agent binds the principal towards a third party are governed by the law of the agent's place of business. Where the agent has no place of business, or the place of business cannot be known by the third party, or the authority is exercised outside the place of business, the authority is governed by the law of the country where it is actually exercised. In the case of agency without authority, this paragraph also applies to the relationship between the agent and the third party.

(3) Where there is an employment relationship between the agent and the principal and the agent has no independent place of business, the authority is governed by the law of the country where the principal's place of business is located.

(1) When applying the law governing the contractual relationship, effect may be given to the overriding mandatory rules of the law of a third State with which the contract is closely connected. In deciding whether to give effect to and apply such rules, regard shall be had to their purpose, nature, content and consequences.

(1) The existence and material validity of a contractual relationship, or of any of its terms, are governed by the law that would apply if the contract were valid.

(2) Where it appears from the circumstances that it would not be reasonable to determine the effect of a party's conduct under the applicable law, the existence of that party's declaration of intent is governed by the law of the country of the habitual residence of the party claiming not to have consented.

(1) As regards the acts and transactions carried out in performance and the measures for the protection of goods, regard shall be had to the law of the country where those acts or transactions are carried out or the measures are taken.

(1) Obligations arising from a tort are governed by the law of the country where the tort was committed.

(2) Where the place where the tort was committed and the place where the damage occurred are in different countries, the law of the country where the damage occurred applies.

(3) Where the obligation arising from the tort is more closely connected with another country, the law of that country applies.

(4) If the law applicable to the tort or to the insurance contract so permits, the injured party may bring the claim directly against the insurer of the person liable.

(5) After the tort has occurred, the parties may expressly choose the applicable law.

(1) Claims arising from the infringement of personality rights through the media such as the press, radio and television, through the internet or through other means of mass communication are governed, at the choice of the injured party, by:

a) the law of the injured party's habitual residence, if the person causing the damage could have foreseen that the damage would occur in that country;

b) the law of the country of the place of business or habitual residence of the person causing the damage; or

c) the law of the country where the damage occurred, if the person causing the damage could have foreseen that the damage would occur in that country.

(2) In the case of periodicals, the right of reply for infringement of personality rights is governed exclusively by the law of the country where the publication was printed or the programme was broadcast.

(3) Paragraph 1 also applies to claims arising from an infringement of personality through the processing of personal data or through restrictions on the right to obtain information about personal data.

(1) Liability for damage caused by manufactured goods is governed, at the choice of the injured party, by the law of the habitual residence or place of business of the person causing the damage, or by the law of the country where the goods were acquired. For the law of the place of acquisition to apply, the person causing the damage must have failed to prove that the product was placed on that country's market without his or her consent.

(1) Claims arising from unfair competition are governed by the law of the country whose market is directly affected by the unfair competition.

(2) Where the unfair competition harms exclusively the business interests of the injured party, the law of the country where that business has its place of business applies.

(1) Claims arising from restriction of competition are governed by the law of the country whose market is directly affected by the restriction.

(2) Where foreign law applies to a restriction of competition in Türkiye, compensation may not be awarded in excess of the amount that would be awarded if Turkish law applied.

(1) Claims arising from unjust enrichment are governed by the law applicable to the existing or allegedly existing legal relationship that gave rise to the enrichment. In other cases, unjust enrichment is governed by the law of the country where the enrichment occurred.

(2) After the unjust enrichment has occurred, the parties may expressly choose the applicable law.

(1) The international jurisdiction of Turkish courts is determined by the domestic rules on territorial jurisdiction (venue).

(1) Actions concerning the personal status of Turkish citizens, if not brought or if they cannot be brought before the courts of a foreign country, shall be heard by the court with territorial jurisdiction in Türkiye; failing that, by the court of the place where the person concerned resides; if the person does not reside in Türkiye, by the court of his or her last domicile in Türkiye; and failing that, by one of the courts of Ankara, İstanbul or İzmir.

(1) Orders of guardianship, curatorship, interdiction, absence and presumption of death concerning a foreigner who has no domicile in Türkiye shall be made by the court of the place where the person concerned resides in Türkiye or, if he or she does not reside in Türkiye, by the court of the place where his or her assets are located.

(1) Actions concerning succession shall be heard by the court of the last domicile of the deceased in Türkiye or, if the last domicile was not in Türkiye, by the court of the place where the assets forming part of the estate are located.

(1) In disputes arising from an individual employment contract or employment relationship, the court of the place in Türkiye where the employee habitually carries out the work has jurisdiction. In actions brought by the employee against the employer, the Turkish courts of the employer's domicile or of the employee's domicile or habitual residence also have jurisdiction.

(1) In disputes arising from the consumer contracts defined in Article 26, the Turkish courts of the consumer's domicile or habitual residence, or of the other party's place of business, domicile or habitual residence, have jurisdiction at the consumer's choice.

(2) In actions brought against the consumer concerning consumer contracts concluded under paragraph 1, the competent court is the court of the consumer's habitual residence in Türkiye.

(1) In disputes arising from an insurance contract, the court of the place in Türkiye where the insurer's principal place of business, or the branch or agency that concluded the insurance contract, is located has jurisdiction. However, in actions brought against the policyholder, the insured or the beneficiary, the competent court is the court of their domicile or habitual residence in Türkiye.

(1) Where territorial jurisdiction is not determined on an exclusive basis, the parties may agree that a dispute between them involving a foreign element and arising from obligations shall be heard by a court of a foreign State. The agreement is valid if it is proved by written evidence. The action shall be heard by the competent Turkish court only if the foreign court declines jurisdiction or if no objection to jurisdiction is raised before the Turkish courts.

(2) The jurisdiction of the courts determined in Articles 44, 45 and 46 cannot be excluded by agreement of the parties.

(1) Foreign natural and legal persons who bring an action, intervene in an action or initiate enforcement proceedings before a Turkish court must provide security, in an amount to be determined by the court, to cover the costs of the proceedings and of enforcement and any loss and damage of the opposing party.

(2) The court shall exempt the claimant, intervener or enforcing party from the obligation to provide security on the basis of reciprocity.

(1) A foreign State shall not be granted immunity from jurisdiction in legal disputes arising from private law relationships.

(2) In such disputes, service may be effected on the diplomatic representatives of the foreign State.

(1) Judgments rendered by foreign courts in civil matters that have become final under the laws of that State may be enforced in Türkiye only upon an enforcement order (exequatur) issued by the competent Turkish court.

(2) An enforcement order may also be sought for provisions concerning personal rights contained in judgments of foreign criminal courts.

(1) The court with subject-matter jurisdiction over enforcement orders is the civil court of first instance (asliye mahkemesi).

(2) The enforcement order may be sought from the court of the domicile in Türkiye of the person against whom enforcement is sought or, failing that, of the place where that person resides; if that person has neither a domicile nor a residence in Türkiye, it may be sought from one of the courts of Ankara, İstanbul or İzmir.

(1) Any person with a legal interest in the enforcement of the judgment may request enforcement. The request is made by petition. As many copies of the petition as there are opposing parties shall be attached. The petition shall state:

a) the names, surnames and addresses of the applicant, of the opposing party and, if any, of their legal representatives and attorneys;

b) the State whose court rendered the judgment to be enforced, the name of the court, the date and number of the judgment and a summary of the judgment;

c) if enforcement is sought for part of the judgment, which part.

(1) The following documents shall be attached to the petition for enforcement:

a) the original of the foreign court judgment duly certified by the authorities of that country, or a copy certified by the judicial authority that rendered the judgment, together with a certified translation;

b) a letter or document duly certified by the authorities of that country showing that the judgment has become final, together with a certified translation.

(1) The competent court shall issue an enforcement order subject to the following conditions:

a) there must be an agreement based on reciprocity between the Republic of Türkiye and the State where the judgment was rendered, or a statutory provision or de facto practice in that State making possible the enforcement of judgments rendered by Turkish courts;

b) the judgment must have been rendered on a matter not falling within the exclusive jurisdiction of Turkish courts or, provided the defendant objects, it must not have been rendered by a court of a State that assumed jurisdiction although it has no genuine connection with the subject matter of the action or the parties;

c) the judgment must not be manifestly contrary to public policy;

ç) the person against whom enforcement is sought must not have been, under the laws of that place, not duly summoned to or not represented before the court that rendered the judgment, or the judgment must not have been rendered in that person's default or absence contrary to those laws, where that person objects before the Turkish court to the request for enforcement on one of these grounds.

(1) The petition for enforcement shall be served on the opposing party together with the hearing date. The recognition and enforcement of decisions in non-contentious matters are subject to the same rule. The service requirement does not apply to non-contentious decisions without an opposing party. The request shall be examined and decided under the simple procedure.

(2) The opposing party may object only by claiming that the conditions for enforcement under this Chapter are not met, or that the foreign court judgment has been satisfied in whole or in part, or that a ground preventing its execution has arisen.

(1) The court may decide to enforce the judgment in whole or in part, or to reject the request. This decision shall be written under the foreign court judgment and sealed and signed by the judge.

(1) Foreign judgments for which an enforcement order has been issued shall be executed in the same way as judgments rendered by Turkish courts.

(2) Appeals against decisions granting or rejecting a request for enforcement are subject to the general provisions. An appeal stays execution.

(1) A foreign court judgment may be accepted as conclusive evidence or as res judicata only if the court establishes that the foreign judgment meets the conditions for enforcement. Subparagraph (a) of paragraph 1 of Article 54 does not apply to recognition.

(2) The recognition of decisions in non-contentious matters is subject to the same rule.

(3) The same procedure applies where an administrative act is to be carried out in Türkiye on the basis of a foreign court judgment.

(1) The effect of a foreign judgment as res judicata or conclusive evidence takes effect from the moment the foreign court decision becomes final.

(1) Foreign arbitral awards that have become final and enforceable, or that are binding on the parties, may be enforced.

(2) Enforcement of a foreign arbitral award shall be requested by petition from the civil court of first instance of the place agreed in writing by the parties. In the absence of such an agreement, the court of the domicile in Türkiye of the party against whom the award was made or, failing that, of the place where that party resides, or failing that, of the place where assets subject to enforcement are located, has jurisdiction.

(1) The party requesting enforcement of a foreign arbitral award shall attach the following documents to the petition, with as many copies as there are opposing parties:

a) the original or a duly certified copy of the arbitration agreement or arbitration clause;

b) the original or a duly certified copy of the arbitral award that has become final and enforceable, or binding on the parties;

c) translated and duly certified copies of the documents listed in subparagraphs (a) and (b).

(2) Articles 55, 56 and 57 apply by analogy to the enforcement of arbitral awards by the court.

(1) The court shall refuse the request for enforcement of a foreign arbitral award:

a) if no arbitration agreement was concluded or no arbitration clause was included in the main contract;

b) if the arbitral award is contrary to public morals or public policy;

c) if the dispute that is the subject of the award cannot be resolved by arbitration under Turkish law;

ç) if one of the parties was not duly represented before the arbitrators and did not subsequently expressly accept the proceedings;

d) if the party against whom enforcement is sought was not duly notified of the appointment of the arbitrators or was deprived of the opportunity to present its claims and defence;

e) if the arbitration agreement or clause is invalid under the law to which the parties subjected it or, in the absence of such an agreement, under the law of the country where the award was made;

f) if the appointment of the arbitrators or the procedure applied by the arbitrators is contrary to the agreement of the parties or, in the absence of such an agreement, to the law of the country where the award was made;

g) with respect to that part, if the arbitral award concerns a matter not included in the arbitration agreement or clause or exceeds the limits of the agreement or clause;

h) if the arbitral award has not become final, enforceable or binding under the law of the country to which it is subject or in which it was made, or under the procedure to which it is subject, or if it has been set aside by the competent authority of the place where it was made.

(2) The burden of proof for the matters listed in subparagraphs (ç), (d), (e), (f), (g) and (h) of paragraph 1 lies on the party against whom enforcement is sought.

(1) The recognition of foreign arbitral awards is also subject to the provisions on their enforcement.

(1) The Code on Private International and Procedural Law No. 2675 of 20 May 1982,

(2) paragraph 2 of Article 866 of the Turkish Commercial Code No. 6762 of 29 June 1956,

(3) Article 88 of the Law on Intellectual and Artistic Works No. 5846 of 5 December 1951,

are repealed.

(1) This Code enters into force on the date of its publication.

(1) The provisions of this Code shall be executed by the Council of Ministers.