Private International Law No. 5718 (MÖHUK)
The Act on Private International Law and International Civil Procedure No. 5718 — universally cited as MÖHUK — is Turkey's conflict-of-laws statute. It answers the two questions every cross-border legal matter begins with: which country's law applies to a dispute with a foreign element, and what effect a foreign court's judgment has in Turkey.
What It Governs
The Act on Private International Law and International Civil Procedure No. 5718 — universally cited as MÖHUK — is Turkey's conflict-of-laws statute. It answers the two questions every cross-border legal matter begins with: which country's law applies to a dispute with a foreign element, and what effect a foreign court's judgment has in Turkey. Any foreigner who divorces abroad, inherits Turkish assets, litigates in Turkey or seeks to enforce a foreign judgment here is operating inside this law whether they know it or not.
Key Provisions for Foreign Nationals
On applicable law, Article 14 governs divorce, applying in the first instance the spouses' common national law, and Article 20 governs succession — with the rule that matters most in practice: immovable property located in Turkey is inherited under Turkish law, whatever the deceased's nationality or the provisions of a foreign will. On procedure, Article 48 requires foreign claimants suing or enforcing in Turkey to post security for costs unless exempted on the basis of reciprocity, including under international treaties — one of the first points to check before a foreign creditor or litigant files anything. On foreign judgments, Articles 50 to 57 set out the enforcement (tenfiz) regime — finality under the law of origin, reciprocity, respect for Turkish exclusive jurisdiction and due process, and conformity with public policy, with no re-examination of the merits — while Article 58 governs recognition (tanıma), where reciprocity is not required. These provisions are the legal spine of, among others, every foreign divorce recognised in Turkey and every foreign money judgment collected here.
Official source: the official text of Law No. 5718 on mevzuat.gov.tr.
This is a concise summary for general information only and is not an official translation. For the binding legal text, consult the official source above. This page is not legal advice.