Living outside Turkey generally does not prevent a person from filing or pursuing legal proceedings in Turkey.
This frequently arises in inheritance, property, debt and other civil disputes involving people who reside abroad but continue to have legal interests in Turkey.
Many proceedings can be handled through a Turkish lawyer without the client being physically present in Turkey.
Can a Power of Attorney Be Issued Abroad?
Yes.
A person living abroad may generally issue a power of attorney through a Turkish consulate. Depending on the country and the type of document, a power of attorney executed before a foreign notary may also be used after the applicable apostille or legalization and translation procedures are completed.
Special transactions, particularly those involving real estate, may require specifically drafted authority in the power of attorney.
Do You Have to Attend Hearings in Turkey?
Not necessarily.
In many civil proceedings, a lawyer may conduct the litigation on behalf of the client. However, certain proceedings or specific court orders may require the party’s personal participation.
Whether travel to Turkey is necessary therefore depends on the nature and stage of the case.
How Is Service Made to Someone Living Abroad?
The Turkish Notification Law contains specific rules governing service of judicial documents on persons located abroad.
International service may take longer than domestic service. Once valid service occurs, however, procedural and appeal deadlines may begin to run.
Keeping the court informed of the correct address is therefore particularly important for parties residing outside Turkey.
Can a Constitutional Court Application Be Filed From Abroad?
Yes.
Article 47 of Law No. 6216 permits individual applications to the Turkish Constitutional Court to be submitted directly, through courts or through Turkish representations abroad.
An individual application is not another ordinary appeal. As a general rule, ordinary domestic remedies must first be exhausted and the applicant must allege a violation by public authorities of a fundamental right protected within the constitutional individual-application system.
Timing is particularly important. The general deadline is 30 days from exhaustion of the relevant remedies or, where no remedy exists, from the date the alleged violation is learned.
Living abroad does not automatically suspend this deadline.
Can litigation be handled without travelling to Turkey?
In many civil cases, yes. Whether personal attendance is required depends on the type of proceeding and any directions issued by the court.
Can a foreign power of attorney be used in Turkey?
Yes, subject to the authentication, apostille or legalization and translation requirements applicable to the country and document concerned.
Can a lawyer file an individual application with the Constitutional Court?
Yes. Where the applicant is represented by a lawyer, the relevant power of attorney must be submitted.
Main Legal Basis
Relevant legislation includes the Turkish Notification Law No. 7201 and Article 47 of Law No. 6216 on the Constitutional Court.
Disclaimer: This article is for general information only. Procedural requirements and deadlines should be assessed according to the particular case and date of notification.