The obligation to deposit security due to foreign element is regulated in Article 48 of the Turkish International Private and Procedural Law (MÖHUK).
According to MÖHUK Article 48/1, “Foreign natural and legal persons who file a lawsuit in a Turkish court, join an existing lawsuit, or initiate enforcement proceedings are required to provide security determined by the court for litigation and enforcement expenses as well as for compensating the potential damages and losses of the opposing party.”
The second paragraph of the same article addresses the exemption from this security obligation, stating that the court will exempt the plaintiff, the intervening party, or the party initiating the enforcement proceedings from the security requirement based on the principle of reciprocity. This reciprocity can be contractual, actual, or legal.
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