In disputes between individuals and companies we first look at solution-focused routes, and pursue litigation with determination when it is needed.
Scope
- Contractual disputes
- Receivables and compensation claims
- Consumer disputes
- Mandatory and voluntary mediation
- Formal notices and settlement negotiations
Contract and receivables disputes
Most disputes between individuals and companies arise from how a contract is interpreted, performed or terminated. A careful review of the contract and the correspondence at the outset decides which route to take.
Claims are subject to limitation periods. Under the Turkish Code of Obligations the general period is ten years; for periodic and certain other claims, such as rent, interest and some service fees, it is five years.
Compensation claims
Tort claims become time-barred two years after the damage and the liable person become known, and in any case ten years after the act. In claims for material and moral damages, how well the damage is documented is decisive.
Mediation and settlement
Mediation is mandatory before filing suit in commercial money claims, some consumer disputes, and disputes over leases, condominiums, neighbour relations and partition. A settlement reached in mediation can, where conditions are met, be given the force of a court judgment.
A formal notice served through a notary is often the first step: it puts the debtor in default and starts the relevant time limits.
Frequently asked questions
How long do I have to bring a claim for a debt?
The general limitation period is ten years; five years for rent, interest and some periodic claims; and for tort claims, two years from learning of the damage and in any case ten years from the act.
Is mediation mandatory for every lawsuit?
No, only for disputes listed in the law, chiefly commercial money claims, some consumer disputes, employment, leases, condominiums, neighbour relations and partition. Elsewhere it is voluntary.
Do I need to send a formal notice?
Not always, but it is often needed to put the debtor in default, fix the start of interest and start statutory time limits.
Articles are for general information only; always consult a lawyer about your specific situation.