Legal Insights — EN

Can Precautionary Attachment in Türkiye Be Based on a Foreign Judgment?

Learn the difference between enforcing a foreign monetary judgment in Türkiye and provisional attachment protecting Turkish assets.
A foreign judgment file, recognition bridge, and separate protection checkpoint

Precautionary Attachment

Prepared by:

Precautionary Attachment

A foreign monetary judgment may support assessment of precautionary attachment against Turkish assets. Official judgments recognise that a prior Turkish enforcement judgment is not invariably a prerequisite. Article 257 of the Enforcement and Bankruptcy Law must nevertheless be examined separately; the foreign decision does not guarantee attachment.

Compulsory execution in Türkiye is separate. The regime under the Law on Private International and Procedural Law and applicable treaties must be considered. The foreign litigation outcome and Turkish provisional protection should enter the same plan. Recognition, enforcement, and precautionary attachment are not interchangeable terms.

Initial review requires the complete judgment, finality records, proof that the opponent was notified of the case, and a current account. Add known Turkish property, banking, or business information. Translation and certification depend on country and intended use. The conclusion page alone often does not permit sufficient assessment.

Prepare the complete foreign judgment, service and finality records, current calculation, and known Turkish assets together. Disclose proceedings and payments in different countries; plan substantive enforcement and temporary protection separately.

Legal Grounds