Determining the Applicable Law in Disputes with a Foreign Element

Legal Article · 12 November 2026
Attorney Thomas Andreas Di Constantinople

A Turkish court's jurisdiction to hear a dispute with a foreign element does not necessarily mean that Turkish law applies to the merits. International jurisdiction and applicable law are different issues. Law No. 5718 uses connecting rules to determine which country's law governs private law relationships. The provisions of international treaties to which Türkiye is a party that require priority consideration are also reserved.

The first step is to characterise the legal relationship. Issues characterised as marriage, inheritance, contract or rights in rem may be subject to different connecting rules. Different laws may apply to several issues arising from the same events. A person's nationality, habitual residence, the location of property or a choice of law permitted by statute may become relevant, depending on the structure of the applicable rule. These factors do not carry the same weight in every dispute.

Article 2 of the Law requires the judge to apply Turkish conflict of laws rules and the foreign law designated by them of the judge's own motion. The judge may request the parties' assistance in establishing the content of foreign law. Turkish law applies if the relevant provisions cannot be established despite all enquiries. One party's failure to produce the foreign legislation does not, by itself, remove the duty to investigate.

Intervention under Article 5 may arise if the result of applying foreign law to the particular case is manifestly contrary to Turkish public policy. A foreign rule's difference from Turkish law is not sufficient on its own. The overriding mandatory rules under Article 6 also require separate examination. Applicable law is assessed by reference to the connecting factor, scope and consequences for the case. Recognition or enforcement of a foreign judgment in Türkiye is subject to separate legal requirements.

Legal Basis: Law No. 5718 on Private International Law and International Civil Procedure, Arts. 1–2, 5–6.

This article has been prepared for general legal information purposes.