Security for Foreign Plaintiffs in Turkey: MÖHUK Article 48 for Lawsuits and Enforcement
1. MÖHUK Article 48: the statutory rule
Article 48 of Law No. 5718 establishes a special security rule based on foreign status. The official Ministry of Justice guidance states that foreign natural and legal persons who bring an action, intervene in an action or initiate enforcement proceedings in Turkey must provide security determined by the court to cover litigation or enforcement expenses and the opposing party’s loss.
Have a general question about this article? Ask anonymously
The rule is procedural. It does not decide whether the foreign claimant’s substantive claim is valid. A foreign creditor may have a clear contractual debt, a foreign judgment, an arbitral award or a property claim and still need to address Article 48 before the Turkish proceedings can move forward in the ordinary way.
The official explanation is available on the Ministry of Justice page on the security obligation of foreigners. The Ministry expressly explains both the first-paragraph security rule and the second-paragraph reciprocity exemption.
A foreign client should therefore include Article 48 in the filing checklist rather than waiting for a court or enforcement office to raise the issue after the case begins.
2. Who is covered by Article 48?
The provision covers foreign natural persons and foreign legal persons. A foreign citizen filing a Turkish lawsuit is within the statutory wording. A foreign company initiating proceedings can also fall within it.
The article applies to three procedural positions: a person who files a lawsuit, a person who intervenes in a lawsuit, and a person who initiates enforcement proceedings. It is therefore broader than a rule applying only to an ordinary civil plaintiff.
The security obligation is not imposed on someone merely because documents, shareholders or counterparties are foreign. The relevant statutory status is the person bringing the action, joining it in the stated capacity or initiating enforcement. The procedural identity of the party should be checked from the petition or enforcement request.
Where several claimants are involved, each party’s nationality and exemption basis should be documented separately. A multinational claimant group should not assume that one party’s treaty exemption automatically governs every other claimant.
3. What does the security cover?
Article 48 identifies two categories: litigation or enforcement expenses and the other party’s loss and damage. The amount is determined by the competent authority within the statutory framework.
The security is not the same as payment of the substantive debt in dispute. It is procedural security connected to the costs and potential loss associated with the proceeding. A defendant cannot turn Article 48 into a requirement that the foreign plaintiff deposit the entire amount claimed merely because the claimant is foreign.
The actual form and amount should be addressed in the procedural order or requirement. Counsel should comply exactly with the deadline, amount and accepted form stated by the competent authority rather than making an informal transfer with no link to the case file.
If the claimant asserts an exemption, the exemption evidence should be presented early so that unnecessary security is not demanded and the case does not lose time to avoidable correspondence.
4. Article 48(2): reciprocity can remove the security obligation
The second paragraph of Article 48 provides that the court exempts the claimant, intervenor or enforcement applicant from security on the basis of reciprocity. The Ministry of Justice explains reciprocity as the availability of the corresponding exemption to Turkish citizens in the foreign claimant’s state.
Reciprocity should not be treated as a vague fairness argument. It must be established by the relevant legal source or practice. The Ministry’s official guidance discusses treaty, statutory and practical bases and identifies international agreements containing security exemptions.
The correct analysis is nationality-specific. Counsel should identify the claimant’s state, then check the international agreement and current reciprocity information applicable between that state and Turkey. A list copied from an old article is not a sufficient filing basis where treaties or participation status may have changed.
Once the reciprocity basis is identified, it should be stated in the petition or enforcement application with the supporting official source so that the exemption can be applied from the beginning.
5. Treaty-based exemptions: international agreements prevail where applicable
Article 1 of Law No. 5718 preserves the provisions of international conventions to which Turkey is a party. The Ministry of Justice guidance on Article 48 therefore reviews multilateral and bilateral instruments that prohibit security based solely on foreign nationality or lack of residence in the circumstances they cover.
The 1954 Hague Convention on Civil Procedure is one of the major multilateral sources discussed by the Ministry. The Ministry also lists bilateral judicial-assistance agreements and other instruments containing relevant security provisions. The exact treaty must be checked for the claimant’s country and the scope of the dispute.
Treaty analysis should answer three concrete questions: Is Turkey a party? Is the claimant’s state a party or bilateral counterpart at the relevant date? Does the treaty provision cover this party and type of proceeding? If the answers satisfy the instrument, the exemption can be presented with the authoritative treaty text.
A foreign corporation should also check whether the relevant treaty extends its protection to legal persons. Some instruments expressly address legal entities; the treaty wording controls.
6. Article 48 in Turkish enforcement proceedings
Article 48 expressly includes foreign persons initiating enforcement proceedings. This is important because international businesses often begin with debt collection rather than a declaratory lawsuit.
A foreign creditor seeking payment from a Turkish debtor must determine whether the chosen enforcement path requires security and whether an exemption applies. The Ministry of Justice has separate official explanatory material concerning security from foreign enforcement creditors and emphasizes the reciprocity framework.
The security issue is separate from the legal basis of the debt. A foreign-currency invoice, loan, settlement or judgment still requires the appropriate Turkish enforcement route. See our guide on debt collection and enforcement in Turkey from abroad.
If the claim is based on a foreign judgment, the creditor must also determine whether recognition or enforcement is required under Law No. 5718. See recognition versus enforcement of a foreign judgment in Turkey.
7. MÖHUK Article 48 is different from HMK Article 84
The security rule for foreigners should not be confused with Article 84 of the Turkish Code of Civil Procedure (HMK). HMK Article 84 contains separate security grounds, including proceedings brought by a Turkish citizen who does not have habitual residence in Turkey and specified evidence of the plaintiff’s financial distress.
The Turkish Grand National Assembly text of HMK Article 84 states that a Turkish citizen without habitual residence in Turkey who files an action, intervenes for the plaintiff or initiates enforcement must provide appropriate security for the defendant’s probable litigation expenses, subject to the exemptions and related procedural rules in the Code.
MÖHUK Article 48, by contrast, directly addresses foreign natural and legal persons. Nationality and habitual residence should therefore not be mixed. A Turkish citizen living abroad and a foreign citizen living in Turkey can require different statutory analyses.
The filing team should identify nationality, habitual residence, procedural position and any treaty protection before selecting the correct security rule.
8. How should a foreign claimant handle Article 48 procedurally?
Before filing, obtain the claimant’s official identity or corporate documents and confirm nationality. For a company, use current registry evidence showing the legal entity and its state of organization. For an individual, use a valid passport and any additional identity documentation required by the Turkish proceeding.
Next, research reciprocity using authoritative Turkish sources and the relevant treaty. If an exemption exists, cite it expressly in the initial filing. Attach or identify the official source rather than asking the court to infer reciprocity without a basis.
If security is ordered, comply with the court’s or enforcement authority’s decision within the specified period and form. If the claimant contends that an exemption applies, challenge or respond through the procedural route available in that file instead of simply ignoring the security order.
Foreign public documents submitted in support of the party’s identity or corporate status may require authentication and Turkish translation. See our guide on apostille and certified translation for documents used in Turkey.
9. Proving the exemption with the correct official source
Article 1 of Law No. 5718 expressly preserves the provisions of international conventions to which Turkey is a party. For an Article 48 exemption, counsel should therefore place the applicable treaty provision, participation status and claimant nationality into the same evidentiary chain. Where reciprocity is based on domestic legislation or actual practice rather than a treaty, the source proving that basis should be identified just as clearly.
The file should also distinguish historical treaty lists from the current legal position. The Ministry of Justice itself directs users to current participation information for multilateral conventions. A court filing should rely on the status applicable on the filing date, not merely on an old web list. This is a legal verification step, not discretionary wording.
10. Litigation planning for foreign companies and individuals
Article 48 should be included in the budget and timeline at the case-assessment stage. The client should know whether an exemption is available before deciding how to pursue the claim. This prevents an unexpected security requirement from disrupting an urgent commercial case or enforcement strategy.
Where the claim concerns a foreign arbitral award, the enforcement route has its own substantive requirements in addition to Article 48. See enforcing a foreign arbitral award in Turkey.
Where Turkish court or enforcement documents will be served abroad, service formalities should also be planned early. See Turkish court or enforcement documents received abroad.
The most efficient file therefore addresses jurisdiction, applicable law, limitation, evidence, security, service and eventual enforcement together. Solving only the merits question and leaving Article 48 until filing creates avoidable procedural risk.
- Confirm whether the claimant is a foreign natural or legal person.
- Identify whether the matter is a lawsuit, intervention or enforcement proceeding.
- Check the current reciprocity basis for the claimant’s nationality.
- Check applicable bilateral and multilateral treaties.
- State the exemption basis in the first filing where it applies.
- Prepare corporate or identity records proving nationality/status.
- Authenticate and translate foreign supporting documents where required.
- If security is ordered, record the amount, form and deadline precisely.
- Distinguish MÖHUK Article 48 from HMK Article 84.
- Budget security together with court fees, expert fees and enforcement costs.
Frequently Asked Questions
1. Do foreign plaintiffs always have to deposit security in Turkey?
Article 48 establishes the security obligation, but the court must grant an exemption where reciprocity exists.
2. Does Article 48 apply to foreign companies?
Yes. The provision expressly covers foreign natural and legal persons.
3. Does the rule apply only to lawsuits?
No. It also covers intervention and enforcement proceedings.
4. What does the security cover?
It covers litigation or enforcement expenses and the opposing party’s potential loss within the scope of Article 48.
5. Who decides the amount?
The competent Turkish authority determines the security in the proceeding under the statutory framework.
6. What is reciprocity?
For Article 48, reciprocity concerns corresponding security exemption for Turkish persons in the foreign claimant’s state, established through the applicable legal or practical basis.
7. Can an international treaty remove the obligation?
Yes. Applicable multilateral or bilateral treaties can provide a security exemption.
8. Is Article 48 the same as HMK Article 84?
No. MÖHUK Article 48 addresses foreigners; HMK Article 84 contains separate security grounds, including Turkish citizens without habitual residence in Turkey.
9. Does a foreign enforcement creditor need to check Article 48?
Yes. Enforcement proceedings are expressly included in the provision.
10. Should the exemption be raised before filing?
Yes. The strongest practice is to identify and document the reciprocity or treaty basis in the initial filing.
Mersin office
Bakırcı & Keskin Law Office can assess Article 48 security, reciprocity and treaty exemptions before the Turkish filing is made.
Istanbul Office – Polaris Plaza, Maslak / Sarıyer
Bakırcı & Keskin Hukuk Bürosu
Maslak Ahi Evran Caddesi, Polaris Plaza No:21, Kat:9, 34475 Sarıyer/İstanbul
Our physical offices in Istanbul and Mersin coordinate matters throughout Turkey, subject to jurisdiction and the local steps required for each case. Please specify your preferred office when arranging an in-person appointment.
Open the Istanbul office on Google Maps · Contact and appointments
Contact regarding a legal matter
In your first message, you may briefly state the subject, your country or city, and any relevant notification or recent procedural date. Please do not send identity numbers, medical data, or personal documents. Messaging alone does not constitute legal advice or create a lawyer–client relationship.
Discover more from Bakırcı & Keskin Hukuk Bürosu
Subscribe to get the latest posts sent to your email.
