Civil Litigation In Türkiye 2026

Abstract

This article examines the procedural framework for civil litigation in Türkiye from the perspective of foreign companies and claimants. It considers subject-matter and territorial jurisdiction, international jurisdiction, mandatory mediation, service, pleadings, evidence, expert reports, security, interim relief and appeals. The discussion also addresses powers of attorney and the relationship between a favourable judgment and eventual recovery. Judicial authorities are considered with attention to their procedural and statutory context. The analysis argues that effective litigation requires early coordination of forum, admissibility, deadlines, proof and enforcement, rather than an exclusive focus on filing the substantive claim.

Introduction

For a foreign company, litigation in Türkiye should rarely begin with the question, "How quickly can we file?"

My first questions are usually different. Which Turkish court has subject matter jurisdiction? Which court has territorial jurisdiction? Is there a valid jurisdiction clause? Is mediation a condition of action? Is urgent protection required before the defendant moves assets or evidence disappears? Are the documents capable of being used in Turkish proceedings? Will security be required because the claimant is foreign? And if the claimant succeeds, where are the assets against which the judgment can actually be enforced?

These questions are procedural, but they are not technicalities. A strong substantive claim can lose significant time, leverage and money if the procedural structure is wrong at the outset.

Turkish civil litigation is principally governed by Code of Civil Procedure No. 6100, Hukuk Muhakemeleri Kanunu or HMK. Commercial disputes are also affected by Turkish Commercial Code No. 6102, while disputes containing a foreign element may engage Law No. 5718 on Private International Law and International Civil Procedure, MÖHUK.¹

Turkish Civil Litigation Is Structured Around Written Pleadings

Türkiye follows a civil-law procedural system. Although oral hearings are important, particularly for preliminary examination, witnesses, experts and oral submissions, the architecture of the case is created principally through written pleadings and documentary evidence.

HMK Article 119 requires the statement of claim to identify the court and parties, state the subject and value of the claim where applicable, set out the material facts in numbered form, identify which evidence supports each factual allegation, state the legal grounds and specify the relief requested.²

This makes early case preparation particularly important. A foreign claimant should not send Turkish counsel only a contract and ask that "a lawsuit be filed."

Counsel should receive the commercial chronology, relevant correspondence, notices, invoices, payment records, corporate documents, technical material, settlement communications where legally usable, and information concerning the defendant's assets and legal identity.

The first pleading is part of litigation strategy.

Subject Matter Jurisdiction Must Be Distinguished From Territorial Jurisdiction

Turkish procedural law distinguishes görev, meaning subject matter jurisdiction, from yetki, meaning territorial jurisdiction.

The distinction has practical consequences. Under HMK Article 2, the Civil Court of First Instance, Asliye Hukuk Mahkemesi, has general jurisdiction over civil property and personal-right disputes unless another provision assigns the matter elsewhere.

The Civil Court of Peace, Sulh Hukuk Mahkemesi, does not simply deal with claims because they are of low monetary value. HMK Article 4 assigns it specific categories including tenancy disputes, partition and dissolution of co-ownership, certain possession matters and other matters expressly assigned by law.³

Commercial disputes must be classified under Turkish Commercial Code Articles 4 and 5. Certain disputes are commercial because both parties' commercial enterprises are involved; others are deemed commercial because they arise from legislation specifically listed in Article 4.⁴

For a foreign client, a contract labelled "commercial" does not by itself resolve which Turkish court must hear the case.

The legal nature of the claim must be identified.

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Footnotes

^{1. Code of Civil Procedure No. 6100, particularly Articles 1 to 20, 118 to 140, 266 et seq., and 389 et seq.; Republic of Türkiye Ministry of Justice, official statutory text.Turkish Commercial Code No. 6102, particularly Articles 4, 5 and 5/A; Republic of Türkiye Ministry of Justice, official statutory text.Law No. 5718 on Private International Law and International Civil Procedure, particularly Articles 40, 47, 48 and 50 to 59; Republic of Türkiye Ministry of Justice, Hukukî Konularda Uluslararası Adlî İş Birliği Mevzuatı.} 

^{2. Code of Civil Procedure No. 6100, particularly Articles 1 to 20, 118 to 140, 266 et seq., and 389 et seq.; Republic of Türkiye Ministry of Justice, official statutory text.} 

^{3. Code of Civil Procedure No. 6100, particularly Articles 1 to 20, 118 to 140, 266 et seq., and 389 et seq.; Republic of Türkiye Ministry of Justice, official statutory text.} 

^{4. Turkish Commercial Code No. 6102, particularly Articles 4, 5 and 5/A; Republic of Türkiye Ministry of Justice, official statutory text.}