Can someone living abroad file a lawsuit in Turkey?
Introduction
This article has been prepared to analyze the question “Can a person residing abroad file a lawsuit in Turkey?” in light of the presented Supreme Court, Regional Courts of Justice, and Courts of First Instance decisions. The reviewed decisions show that the answer to this question is a definite “yes,” but the exercise of this right is subject to procedural and jurisdictional rules that vary according to the type of case, the nationality of the parties, and their ties to Turkey. The article reveals the main legal grounds on this matter, how the competent court is determined, the special circumstances foreseen for different types of cases, and important practical details.
All judicial decisions reviewed agree that it is possible for a person residing abroad to file a lawsuit in Turkey. The main findings regarding the legal framework and implementation of this right are as follows:
Main Legal Basis: PILA Article 41
The fundamental regulation referenced in almost all decisions is Article 41 of the Law on International Private and Procedural Law (MÖHUK) No. 5718. This article specifically establishes a jurisdiction hierarchy for cases concerning “personal status” (correction of population records, guardianship, etc.) of Turkish citizens residing abroad. As emphasized in the decision No. 2023/8479 E. of the 5th Civil Chamber of the Court of Cassation, this rule is as follows:“Cases concerning the personal status of Turkish citizens shall be heard in the locally competent court in Turkey if they have not been or cannot be filed in foreign courts; if no such court exists, in the court of the place where the person concerned resides; if the person does not reside in Turkey, in the court of their last place of residence in Turkey; and if that also does not exist, in one of the courts of Ankara, Istanbul, or Izmir.”
General Jurisdiction and the Concept of “Habitual Residence”
In cases other than personal status, the international jurisdiction of Turkish courts is determined according to the general rules of jurisdiction of domestic law (MÖHUK art. 40). At this point, for individuals who do not have an official domicile in Turkey but have an address where they regularly stay (“habitual residence”), the court of the place where this address is located may have jurisdiction. The decision No. 2022/2347 E. of the 13th Civil Chamber of the Istanbul Regional Court of Justice clearly stated this principle by saying, “The court generally competent for those without a domicile in Turkey is the court of the place where the defendant has their habitual residence in Turkey.”
Recognition and Enforcement Cases
Individuals residing abroad can file a “recognition and enforcement” lawsuit for a decision obtained from a foreign court to be enforced in Turkey. This allows a person to validate an existing decision in Turkey, rather than directly filing a new lawsuit. According to Article 51 of the MÖHUK, jurisdiction in such cases lies with the courts of the defendant’s (the person against whom enforcement is sought) domicile in Turkey, failing that, their place of residence, and failing that, the courts of Ankara, Istanbul, or Izmir (Court of Cassation, 5th Civil Chamber, 2024/10633 E.).
Foreigners and Blue Card Holders
This right is not exclusive to Turkish citizens. Individuals registered in the Blue Card Registry who have lost their Turkish citizenship have the right to file a lawsuit because “they will continue to benefit from the rights granted to Turkish citizens” (Court of Cassation, 20th Civil Chamber, 2020/429 E.). Foreign nationals can also file lawsuits in Turkey, but the court must have jurisdiction, and in some cases (unless exempted by international agreements), they may be required to provide security (Istanbul 7th Commercial Court of First Instance, 2022/808 E.).
Evaluation According to Different Types of Lawsuits
Although a person residing abroad generally has the right to file a lawsuit, the determination of the competent court and the specific rules to be applied vary according to the subject matter of the case.
Personal Status Cases (Population Registry, Guardianship, etc.): These types of cases are the area where Article 41 of the MÖHUK (Law on International Private and Procedural Law) is most frequently applied. Decisions in cases such as correction of population registration (Supreme Court 5th Civil Chamber, 2023/10303 E.) or guardianship for a restricted candidate (Supreme Court 17th Civil Chamber, 2014/19503 E.) emphasize the importance of determining the person’s last place of residence or habitual abode in Turkey.
Inheritance Cases: Jurisdiction in inheritance cases, unlike Article 41 of the MÖHUK (Law on International Private and Procedural Law), is specifically regulated in Article 43. As stated in the decision numbered 2019/1831 E. of the Supreme Court 20th Civil Chamber:“Cases related to inheritance are heard in the court of the deceased’s last place of residence in Turkey, or if the last place of residence is not in Turkey, in the court where the assets included in the estate are located.” This rule is based on the deceased’s (testator’s/ancestor’s) connection with Turkey.
Divorce Cases: Jurisdiction in divorce cases is determined according to Article 168 of the Turkish Civil Code, rather than the general regulation of the MÖHUK (Law on International Private and Procedural Law). According to this article, the competent court is “the court of the domicile of one of the spouses or the court of the place where they last resided together for at least six months prior to the lawsuit” (Supreme Court 2nd Civil Chamber, 2008/8999 E.).
Tort Cases: In tortious acts such as attacks on personal rights via the Internet, the plaintiff is granted an optional right. In the decision numbered 2015/3017 E. of the Supreme Court 4th Civil Chamber, it was stated that the aggrieved party (plaintiff) may file a lawsuit in the court of the place where the tortious act was committed, the place where the damage occurred, or their own place of residence. This situation facilitates a person living abroad to file a lawsuit claiming to have suffered damage in Turkey.
Special Circumstances Regarding Enforcement and Bankruptcy Law: Certain types of lawsuits may require special procedural conditions. For instance, according to the decision no. 2019/305 E. of the Civil General Assembly of the Court of Cassation, it has been stated that the debtor filing an action for annulment of the tender can file a lawsuit “on condition of providing an address within the country”. This is a special requirement introduced by law to prevent malicious claims.
Conclusion
When the judicial decisions examined are evaluated as a whole, it is clearly evident that it is legally possible for a person living abroad to file a lawsuit in Turkey. Turkish law has guaranteed access to Turkish courts for its citizens and, under certain conditions, for foreigners, even if they reside abroad.
The key point in exercising this right is the correct determination of the competent court. This determination is made:
In personal status cases of Turkish citizens, according to the hierarchy set forth in Article 41 of the Private International Law and Procedural Law (MÖHUK),
In inheritance cases, according to Article 43 of the Private International Law and Procedural Law (MÖHUK),
In divorce cases, according to Article 168 of the Turkish Civil Code (TMK),
And in other cases, it is done according to the domestic law’s general (HMK Art. 6, 9) and special (HMK Art. 10, 16) jurisdiction rules.
A person’s ties in Turkey, such as their “last place of residence”, “place of habitual abode”, or “ordinary residence”, play a critical role in determining the competent court. If none of these ties exist, the MÖHUK designates the courts of Ankara, Istanbul, or Izmir as competent as a last resort. Therefore, an individual living abroad has the opportunity to seek justice in Turkish courts by following the legal regulations relevant to the subject matter of the lawsuit. A paper suggestion.
