Bulgaria – Turkey Legal Matters: Judgment Enforcement, Inheritance, Divorce and Property – Istanbul Attorneys

Enforcing a Bulgarian court judgment in Turkey, dividing an estate in Bulgaria, registering a cross-border divorce or buying property in Bulgaria means dealing with two legal systems at once. This page summarizes the most common legal needs on the Bulgaria – Turkey axis and the routes usually followed.

Maya Avukatlık Bürosu (Maya Law Office) is based in Kartal, Istanbul (Anatolian Side) and has no office in Bulgaria. For steps that must be taken in Bulgaria, it cooperates with local lawyers and foreign law firms. Services are available in Turkish and English.

Recognition and Enforcement of Bulgarian Judgments in Turkey

A judgment issued by a Bulgarian court cannot be enforced in Turkey on its own, and in most cases it does not produce legal effects there automatically. A Turkish court must first grant an enforcement or recognition decision. Both are regulated by Law No. 5718 on Private International and Procedural Law (MÖHUK).

Recognition vs. Enforcement

• Enforcement (tenfiz): Allows the judgment to be executed by force in Turkey. Needed for monetary claims, alimony and damages.
• Recognition (tanıma): Allows the judgment to produce legal effects in Turkey. Used for status-changing or declaratory judgments such as divorce.
• One judgment may need both. For example, alimony awarded together with a divorce falls under both.

The Bulgaria-Specific Framework

A bilateral treaty between Turkey and Bulgaria on judicial assistance and the mutual recognition and enforcement of judgments in civil and commercial matters is reported to exist. Its provisions are assessed together with MÖHUK; which provision applies in a given file depends on the nature and date of the judgment.

Although Bulgaria is an EU member, the EU's simplified recognition and enforcement regime (Brussels I bis Regulation) does not apply to Turkish judgments. In the opposite direction, when a Turkish judgment is to be used in Bulgaria, Bulgaria's Private International Law Code and the bilateral treaty are the starting point.

Competent Court

Enforcement actions are filed before the civil court of first instance (asliye hukuk mahkemesi), or the family court for family law judgments. The competent court is the one at the other party's place of residence in Turkey; if there is none, the courts of Ankara, Istanbul or Izmir have jurisdiction. The Turkish court does not re-examine the merits; it only checks whether the statutory conditions are met.

Conditions, Documents and Timing

Core Conditions

• Reciprocity: Reciprocity between the countries through a treaty, statute or practice (Art. 54).
• Exclusive jurisdiction: The judgment must not concern a matter within the exclusive jurisdiction of Turkish courts.
• Public policy: The judgment must not be manifestly contrary to Turkish public policy.
• Right of defence: The other party must have been duly summoned and their right of defence respected.
• Finality: The judgment must be final under the law of the country where it was issued.

Required Documents

• Certified copy of the judgment issued by the Bulgarian court
• Finality note or certificate
• Documents showing service on, and summons of, the defendant
• Apostille (Bulgaria and Turkey are parties to the 1961 Hague Apostille Convention)
• Turkish translation by a sworn translator

How Long Does It Take?

Timing depends on how quickly service is completed, the court's workload, the completeness of the documents and whether the other party objects. In practice, first-instance proceedings can range from a few months to more than a year, and an appeal adds further time. Instead of a fixed timetable, an estimate is made after the file's documents have been reviewed.

Typical Process

Using a Turkish Judgment in Bulgaria

The reverse process is carried out in Bulgaria and is an adversarial recognition procedure. In general, the other party must have been duly summoned, there must be no conflicting Bulgarian judgment, and the judgment must not offend Bulgarian public policy. A certified copy with a finality note, an apostille and a sworn Bulgarian translation are required. This stage is handled in cooperation with Bulgarian lawyers, and the details of the file are checked separately under Bulgarian law.

Inheritance Involving Bulgaria: Two Sets of Rules Apply Together

In Turkey, succession is governed by the deceased's national law under MÖHUK Art. 20, while Turkish law applies to immovable property located in Turkey. A certificate of inheritance is obtained from the civil court of peace (Turkish Civil Code Art. 598).

In Bulgaria, the EU Succession Regulation (650/2012) applies. As a rule, the law of the deceased's habitual residence at the time of death governs, and the deceased may choose the law of their nationality. The Regulation also applies to nationals of non-EU countries.

• Identifying real estate, bank accounts and company shares in Bulgaria
• Separately checking whether a Turkish certificate of inheritance is accepted in Bulgaria
• Time limits for renouncing an inheritance: three months under Turkish law (Civil Code Art. 606); Bulgarian time limits are checked separately
• Division of the estate among heirs and termination of co-ownership
• Document and registry differences arising from dual citizenship among families who migrated from Bulgaria

Debt Recovery and Enforcement Between Bulgaria and Turkey

In debt recovery files, what matters most is the country where the debtor's assets are located. If the assets are in Turkey, Turkish enforcement offices and courts act; if they are in Bulgaria, Bulgarian courts and enforcement bodies do.

• Assets in Turkey: Enforcement proceedings without a judgment or a debt action; a precautionary attachment where the claim is at risk (Enforcement and Bankruptcy Law Art. 257 et seq.).
• Bulgarian judgment: After an enforcement decision is obtained in Turkey, enforcement based on a judgment can be pursued.
• Turkish judgment: After the recognition procedure is completed in Bulgaria, it is enforced there.
• Contract terms: Jurisdiction, arbitration and governing-law clauses are reviewed at the outset.

Divorce, Custody and International Child Abduction

A recognition action (MÖHUK Art. 58 et seq.) is filed for the divorce judgment to be valid in Turkey. If the judgment also contains alimony, custody or property division provisions, enforcement may be needed for those provisions as well.

When a Child Is Taken from One Country to the Other

Turkey and Bulgaria are both parties to the 1980 Hague Child Abduction Convention; Turkey accepted Bulgaria's accession in 2004. If a child is wrongfully removed to, or retained in, the other country by a parent, a return application can be made through the central authority, the Ministry of Justice. For applications made within one year of the wrongful retention, immediate return is the rule, subject to the exceptions in the Convention.

Time matters: The earlier the application is made, the more orderly evidence gathering and the court process will be.

Buying Property in Bulgaria: Apartments, Buildings and Land

Under Article 22 of the Bulgarian Constitution, foreigners cannot directly acquire ownership of land (plots, fields) except by inheritance and certain exceptions. Persons from outside the EU and EEA, including Turkish citizens, may acquire apartments and buildings. Those who want to acquire land often do so through a company established in Bulgaria (EOOD or OOD).

In Bulgaria, transfers of real estate are made by notarial deed and entered in the property register. Because these steps are governed by Bulgarian law, the purchase should be handled through a Bulgarian lawyer and notary.

• Ownership, mortgage and attachment entries in the property register
• The seller's authority and, if a power of attorney is used, its apostille and translation
• Occupancy permit and zoning status
• Municipal taxes, maintenance fees and shared-expense debts
• If the company route is chosen, the shareholding structure and the company's debts
• Language of the preliminary and sale agreements and their translation

In the opposite direction, the acquisition of real estate in Turkey by Bulgarian or dual citizens is subject to the limits in Article 35 of the Turkish Land Registry Law; details are reviewed according to the specific file.

Practice Areas on the Bulgaria – Turkey Axis

How Work Is Handled from Istanbul

Maya Avukatlık Bürosu is located in Kartal. Enforcement, recognition, inheritance and debt recovery actions to be filed in Turkey are handled before the competent court; for files on the Anatolian Side this means the Istanbul Anatolian Courthouse in Kartal, and for files on the European Side the Çağlayan courthouse.

• Documents are sent through the contact page and taken into a preliminary review.
• For steps to be taken in Bulgaria, the firm cooperates with local lawyers and foreign law firms.
• Meetings can be held in Turkish or English, in person or online.
• Applications are accepted from Kartal, Maltepe, Pendik, Kadıköy, Ataşehir, Ümraniye and other Anatolian Side districts.

17 Common Legal Issues Between Bulgaria and Turkey

• Enforcement of a Bulgarian court judgment in Turkey
• Recognition of a Turkish court judgment in Bulgaria
• Recognition in Turkey of a divorce judgment issued in Bulgaria
• Enforcement of alimony and custody provisions
• Division of an estate left in Bulgaria
• Use in Bulgaria of a certificate of inheritance obtained in Turkey
• Legal due diligence when buying an apartment or building in Bulgaria
• The Bulgarian company method for acquiring land
• Sale and transfer of real estate in Bulgaria
• Collecting a debt from a debtor in Bulgaria
• Precautionary attachment over assets in Turkey
• Wrongful removal of a child and Hague return applications
• Cross-border custody and contact arrangements
• Validity in Turkey of documents issued in Bulgaria (apostille, translation)
• Use in Turkey of a power of attorney issued in Bulgaria
• Jurisdiction and governing law in cross-border contracts
• Disputes involving Turkish shareholders in Bulgarian companies

Frequently Asked Questions