When a foreign national or foreign legal entity brings a lawsuit in a Turkish civil court, the defendant can request — and the court may order — that the plaintiff first deposit a security amount (yabancılık teminatı) before the proceedings continue. The purpose is straightforward: to ensure that if the foreign plaintiff loses and is ordered to pay the defendant’s legal costs, those costs can actually be collected. Without such security, a foreign plaintiff could simply leave Turkey after an unfavourable judgment, leaving the defendant unable to recover expenses incurred.
Legal Basis
The yabancılık teminatı is governed by Article 48 and following of the Code of Civil Procedure (Hukuk Muhakemeleri Kanunu — HMK). It is a procedural mechanism — not a substantive obstacle to justice — but it can have significant practical consequences for foreign plaintiffs who fail to anticipate it.
Who Must Pay?
The obligation to deposit security applies to foreign plaintiffs — individuals or legal entities without Turkish nationality or habitual residence in Turkey — who initiate civil proceedings before Turkish courts. It applies in:
- Ordinary civil actions (debt claims, contractual disputes, tort claims)
- Commercial lawsuits
- Enforcement proceedings initiated by foreign parties
It does not apply to foreign defendants. A Turkish plaintiff suing a foreign defendant has no security deposit obligation — the rule protects Turkish defendants, not foreign ones.
When Is the Deposit Exempted?
The court does not automatically order a deposit in every case involving a foreign plaintiff. Exemptions apply in the following circumstances:
Reciprocity (mütekabiliyet): where Turkish nationals bringing equivalent claims in the foreign plaintiff’s home country would not be required to pay a similar deposit, the same courtesy is extended. Turkey has such reciprocal arrangements with many countries.
International agreements: bilateral and multilateral treaties to which Turkey is a party may waive the requirement for nationals of the other signatory states.
Court discretion: even where none of the above applies, the court retains the power to waive or reduce the deposit requirement if it considers the circumstances justify it.
How Is the Amount Set?
The court determines the amount based on its estimate of the likely legal costs and attorney fees that the defendant would incur if the case runs its full course and the plaintiff loses. The deposit is placed with the court treasury — not with the defendant, the defendant’s lawyer, or any other party. It is held throughout the proceedings.
What Happens to the Deposit?
The deposit is returned to the plaintiff when:
- The plaintiff wins the case and no costs are awarded against them
- The defendant waives any costs claim
- The case is settled on terms that include return of the deposit
The deposit is forfeited — in whole or in part — to cover the defendant’s costs if the plaintiff loses and a costs order is made against them. Any surplus over the costs actually awarded is returned to the plaintiff.
Consequences of Non-Payment
Where the court orders a security deposit and the plaintiff fails to pay within the specified deadline, the case is dismissed on procedural grounds (davanın usulden reddi). The substantive merits are never examined. The plaintiff can refile if they later pay — subject to any applicable prescription periods — but the time and costs already invested are lost.
Frequently Asked Questions
I am a foreign national but I have been living in Turkey for years. Do I still have to pay? Habitual residence in Turkey is sometimes considered when assessing the need for security. A foreign national who can demonstrate established, genuine residence in Turkey — through a valid long-term residence permit, registered address, employment, and other connections — may be able to argue that the risk the security is designed to address does not apply in their case. The court has discretion.
My country has a treaty with Turkey. How do I establish this? You or your lawyer should research the relevant bilateral agreement and bring it to the court’s attention at the earliest opportunity — ideally before a security deposit order is made. Courts do not always check treaty exemptions automatically; the burden is on the plaintiff to raise the exemption and provide the relevant documentation.
Can the deposit be paid in installments or by bank guarantee? The court typically requires cash deposited with the court treasury. In some cases, the court may accept a bank guarantee (banka teminat mektubu) as an alternative. This should be raised with the presiding judge when the order is made — the specific form accepted can vary.
Does the security deposit rule apply in arbitration proceedings in Turkey? No. The yabancılık teminatı under HMK applies to proceedings before Turkish state courts. Arbitration proceedings — including those under the Turkish International Arbitration Law — operate under different rules, and this specific deposit requirement does not apply in that context.