How Is the First Assessment of a Commercial Dispute Made?
The work of a commercial litigation lawyer should begin with understanding how the dispute arose. The signing of the contract, the placing of the order, the performance of the work, the delivery of the goods, the notification of objections and the payments should all be placed on the same timeline. This review shows which party undertook which obligation and at what point the disagreement emerged. The preparation of the petition should be built on this initial review.
In the first meeting, narrating events and having documents are separate matters. A company manager’s statement that delivery was completed does not explain who received the delivery, what authority that person had, or whether any reservation was made. A balance in the accounting records likewise does not by itself show why that balance is disputed. For each important event described, the lawyer should identify the date, the document and the person with knowledge, and should record openly the points where something is missing.
The full trade names of the parties, the persons who signed the contract, representation documents, whether the claim has been assigned and any proceedings already started are also reviewed at this stage. The fact that the names of two companies in the same commercial group are used interchangeably in correspondence does not by itself determine who the party to the case is. The lawyer’s task is to clarify which person is involved in which legal relationship. The scope of the engagement, conflicts of interest and professional secrecy should also be assessed when the file is accepted. [1]
First review through a hypothetical machine sale
Suppose a manufacturer sells a machine to another company; part of the price is paid, while the remainder is withheld on the ground that the machine does not operate at the promised capacity. Suppose the seller relies on the delivery document and the buyer on technical service correspondence. This example does not describe a real file or the firm’s experience.
The first questions are these: What capacity was agreed in the order? Are delivery by transport and installation and acceptance the same transaction? Under what conditions was the trial carried out? When was the malfunction notified? To which debt does the partial payment relate? Filing suit on the basis of the invoice alone, or rejecting the entire debt on the basis of the malfunction claim alone, without answering these questions, can lead to an incomplete assessment of the file. It is therefore useful to prepare a document and question list when preparing for the meeting.
How Are the Legal and Economic Objectives of the Case Determined?
The legal outcome sought in the case should be clearly identified. Payment of a sum, a declaration that no debt exists, performance of an obligation arising from a contract, annulment of a company resolution or the cessation of specific conduct are different claims. As important as the name of the claim are the facts on which it rests and how the judgment will be enforced.
For the claimant, when the calculation of the claim is prepared, the principal, the payment dates, the start of interest and any other heads of loss should be shown separately. Repeating different losses within the same calculation should be avoided. For the defendant, the objective may be to show that the debt never arose, to identify the part that has been paid, to contest the amount of the claim or to assert its own right. When a defense is prepared, a narrative that is inconsistent with the business’s own records cannot be built.
How the claim relates to the needs of the business
In the hypothetical machine sale, the buyer’s real need may be to continue production. Repair of the machine, termination of the contract or compensation for a particular loss produce different outcomes for the business. The lawyer should explain the document, time and cost requirements of each legally available option. In contracts that impose reciprocal obligations, the rights available on default are assessed together with the additional time period, the exceptions and the manner in which the right is exercised; Articles 123–126 of the Turkish Code of Obligations (TBK) are among the bases of this distinction. [4]
Setting an economic objective does not mean giving up legal rights without reason. For management to be able to decide, the likely time of collection, litigation costs, the continuation of the commercial relationship and the enforceability of the judgment should be considered together. The difference between the creditor’s optional rights on the debtor’s default becomes especially important when deciding between continuing and terminating the contract.
How Are Favorable and Unfavorable Documents Reviewed Together?
The review of the file should not be limited to documents that support the client’s view. A discount letter issued later, an e-mail from the service team accepting the malfunction, a payment plan or a reservation noted at delivery can change the initial assessment. Handing these documents to the lawyer at the outset reduces the risk of being unprepared when the other side produces them.
Documents should be kept in order by subject and date; the original document, the working copy and the explanatory note should be kept apart. Instead of a screenshot showing only the desired sentence of an e-mail, the complete correspondence and its attachments should be reviewed where possible. It must be known from which system, by whom and when the records were obtained. In interviews with company employees as well, what the person knows directly should be distinguished from what they have heard from others.
Commercial books and electronic records
The evidentiary value of commercial books depends on the conditions in Article 222 of the Code of Civil Procedure (HMK). The record-keeping system, the required certifications, whether the entries corroborate one another and the position of the other party’s books are reviewed together. The other party’s failure to submit its books is not the same as the absence of any entry about the transaction in properly kept books. The entries for and against in books that may be used in a party’s favor cannot be separated from one another. [2]
The status of electronic correspondence as a document does not automatically resolve every dispute about the accuracy of its content. The identity of the sender, integrity, date, attachments and the context of the correspondence are assessed separately. HMK Article 199 treats electronic data within the scope of documents, while Article 189/2 places a limit on the use of unlawfully obtained evidence. Accessing accounts without authorization or altering records therefore cannot be regarded as a method of collecting evidence. [2]
At the end of the document review, besides the question “which record helps us?”, the question “which record narrows our claim or requires a new explanation?” should also be answered.
How Is the Link Between Allegation, Document and Counter-Objection Built?
A document’s presence in the file and its proving a particular fact are different things. The lawyer should match the fact on which each claim rests with the evidence relating to that fact. The general rule on the burden of proof in HMK Article 190 and the special provisions should be taken into account; under Article 194, which evidence is offered for which event should be made concrete. [2]
Issuing an invoice, delivery, acceptance and payment should be kept apart. Article 21 of the Turkish Commercial Code (TTK) attaches a consequence to the failure to object to an invoice; its effect in the file is examined together with the contractual relationship and the other documents. An invoice should not be presented as a document that by itself conclusively establishes complete delivery of all the goods in every dispute. [3]
The table below shows how different aspects of the hypothetical machine sale can be reviewed:
| Allegation | Document to be reviewed | Possible counter-objection | Information to be completed |
|---|---|---|---|
| The price of the delivered goods was not paid. | Contract, order, invoice, delivery and acceptance records | Delivery was incomplete; the signatory lacked authority; the acceptance condition was not met. | Scope of delivery, role of the person who received it, conditions of acceptance |
| Part of the debt was paid. | Bank receipt, payment description, account reconciliation | The payment related to another invoice or a different debt. | Dates of the debts, the item to which the payment was applied |
| The goods are defective or do not conform to the contract. | Technical specification, test and service records, notifications | The problem resulted from misuse; notification was not made in time. | Nature of the problem, when it arose, conditions of use |
| The contract was terminated for cause. | Contract, warning, additional period and termination/withdrawal notice | There was no breach; the required period was not granted; the notice was not appropriate. | Seriousness of the breach, conditions of the right chosen, receipt of the notice |
This work is not done to hide weak points. For example, if the delivery document shows transport but not performance acceptance, the document should not be given a meaning it does not carry. Missing information should be researched; the effect of any uncertainty that cannot be removed on the claim and the defense should be explained to the client.
What Steps Should Be Taken for Evidence That May Be Lost?
Some evidence may change or be lost while the statement of claim is being prepared. Repair of a faulty machine, use of the product in the warehouse, alteration of internet content or expiry of the ordinary retention period of system records can give rise to this possibility. The lawyer should ask in the first review which information cannot be obtained later.
The preservation of evidence regulated from HMK Article 400 onwards serves to establish a fact that has not yet reached its turn for review, or that will be used in a case to be filed in the future. A legal interest is required; the likelihood that the evidence will be lost, or that it will become seriously difficult to present, matters in this assessment. Preservation of evidence is not a judgment on the merits of the underlying dispute. [2]
In the hypothetical machine example, if urgent repair is needed to keep production going, how the condition before repair will be documented should be considered. The serial number, current settings, operating conditions, fault records and parts to be replaced make the technical examination understandable. The request should not consist merely of the sentence “the machine is faulty”; the technical question to be answered should be explained.
Considering the court-ordered determination together with in-house preservation of evidence
Requesting a determination from the court does not remove the need to protect records inside the company. Responsible persons should be identified so that the relevant documents are not subject to ordinary deletion or alteration. The link of the data to be retained with the file, access authority and confidentiality conditions should be taken into account. If the person who retrieved the technical record can explain what they did, it becomes easier to address any later discussion about integrity.
When preservation of evidence is requested, the time limits of the main case and other applications should be tracked separately; it should not be assumed that the request stops all time limits. If the determination report contains a deficiency or a technical assumption, this too must be followed up. The existence of a report does not mean that all of its conclusions are beyond dispute; its relation to the other party’s statements and to other evidence is assessed separately.
How Are Subject-Matter Jurisdiction, Territorial Jurisdiction, Mediation and Time Limits Checked?
Subject-matter jurisdiction (görev) determines which type of court will hear the case; territorial jurisdiction (yetki) determines the court of which place may be approached. The fact that one of the parties is a company does not by itself mean that the dispute will be heard by the commercial court of first instance. Whether a case is a commercial case is determined by applying TTK Article 4, the jurisdiction rule in Article 5 and the special provisions on the subject together. The concepts of commercial matter and commercial case also do not have the same scope in every situation. [3]
A court or arbitration clause in the contract should be read separately. The presence of such a clause does not show that it is valid in every case and applicable to the specific dispute. The capacity of the parties, the scope of the dispute, mandatory jurisdiction rules and formal requirements should be examined. Where there is a foreign party or performance abroad, the applicable law and international jurisdiction are added to the initial questions about the file.
The scope of mediation is determined from the claim
TTK Article 5/A regulates pre-litigation mediation for certain monetary claims within commercial cases. The provision in force lists, in addition to monetary claims and compensation, actions for annulment of objection, actions for negative declaratory judgment and actions for restitution. It cannot be said that all commercial cases are subject to compulsory mediation for the same reason. For a claim other than a monetary one, it should also be checked whether another special rule exists. [3]
The parties in the application, the subject of the claim and the final record should be checked together. Where several claims are brought in the same case, each of them may need to be examined separately. Never having applied to mediation and failing to attach to the statement of claim the final record of an application that was made are also not the same procedural defect; Article 18/A of Law No. 6325 regulates this distinction. [6]
The time chart should show the act and the triggering event
Limitation periods, preclusive periods, the response period, the period for submitting evidence and the appeal period should not be tracked under a single heading. Each line should contain the name of the act, the basis of the period, the triggering event, the last day, the responsible person and a record that the act was carried out. The distinction between reading an electronic notification and its being deemed legally served should also be checked under the relevant regulation.
The effect of mediation on time limits is assessed together with the dates of the application and of the final record. Article 18/A/15, on mediation as a condition precedent to litigation, contains a special rule for limitation and preclusive periods. This effect does not mean that every procedural time limit stops in the same way. [6]
Especially where there are several files, correspondence, enforcement proceedings and litigation calendars should be reconciled. The continuation of talks on the same dispute should not lead to the assumption that a step in another file is no longer needed. It should be possible to understand afterwards on which record the last day was calculated.
How Are Claimant’s Claims and Defendant’s Defenses Prepared?
The claimant’s petition should connect the events, the evidence and the relief sought. The amount claimed should be calculable; a non-monetary performance should likewise be described clearly enough to be enforceable. The defendant, for its part, should separate which events it admits, which it objects to and why, and which defenses it raises. A blanket denial of every allegation does not replace concrete defenses such as payment or defect.
The legal nature of a defense affects the order of steps. An allegation of payment, a limitation defense, an objection to jurisdiction and a counterclaim are not the same instruments. The HMK provisions on petitions, preliminary objections, the expansion of claims and defenses, and counterclaims should be examined together. Preparation should not be postponed on the assumption that new evidence or a new defense can be submitted freely later. [2]
Why should set-off (takas) be distinguished from offsetting (mahsup)?
Offsetting (mahsup), in this context, concerns deducting a payment made, or an item that must be taken into account, from the amount claimed. Set-off (takas), on the other hand, involves the parties having separate claims against each other. The conditions from TBK Article 139 onwards and the declaration of the intention to set off should be examined. The fact that the counterclaim is disputed does not by itself mean that a set-off defense cannot be raised. [4]
In the machine example, deducting the payment made on the sale price from the account is different from the buyer’s wishing to set off a separately asserted production-loss claim against the price debt. In the second case, the basis, amount, maturity and procedural assertion of the counterclaim are investigated. Whether a counterclaim is needed, and whether the defendant is also seeking to collect its own claim separately, are likewise assessed separately. A general statement such as “our rights of set-off and offsetting are reserved” cannot replace a concrete legal review.
The 2026 change on the amount of the claim should be taken into account
Law No. 7589, published on July 31, 2026, repealed HMK Article 107. The fourth paragraph added by the same Law to Article 109 introduced a rule that, in a partial claim, the claim may be increased once until the end of the investigation phase, and that the limitation period is interrupted from the date of filing for the increased part. Provisional Article 1/10 continues to apply the former Article 107 to cases filed before the repeal. [7][8]
The heading “action on an undetermined claim” in an old petition template should therefore not be carried into every current file. The filing date of the case, the divisibility of the claim, the calculation documents and the procedural stage at which an increase is made should be assessed together. The change does not remove the importance of the calculation of the amount and of the clarity of the claim.
When Are Precautionary Attachment and Interim Injunction Considered?
Interim legal protection allows the legal review of the risk that the judgment to be given at the end of the case will be rendered ineffective. However, precautionary attachment (ihtiyati haciz) and interim injunction (ihtiyati tedbir) are instruments subject to different conditions. Changing the name of the request does not satisfy the conditions of an unsuitable protective route. The right to be protected, the concrete risk, the supporting documents and the scope of the measure requested should be explained together.
Precautionary attachment for a monetary claim
The general rule in Article 257 of the Enforcement and Bankruptcy Law (İİK) concerns a monetary debt that is due and not secured by a pledge. For a debt that is not yet due, the special grounds listed in the article are required; the absence of a known place of residence and conduct aimed at removing assets in order to escape the debt fall within this framework. The conditions for a claim that has fallen due and those for one that has not yet fallen due should not be confused. Evidence is submitted to the court to form a conviction about the claim and, where necessary, about the grounds for attachment. [5]
It should not be said that “there is security” or “there is no security” without examining the scope of pledges, sureties and other guarantees. The attachment amount requested should also be tied to the documented claim. A precautionary attachment order does not mean that the money has been collected immediately or that the main case has been won.
Interim injunction for the right in dispute
Under HMK Articles 389–390, the risk is assessed that a change in the existing situation would seriously hinder obtaining the right, or that delay would cause significant harm. The measure should be connected to the subject of the dispute, and the merits should be shown to a probable degree. A general concern such as “the debtor may owe” does not explain which right is to be protected and why. [2]
For example, if delivery of a particular item or the cessation of a particular use is sought, the item or conduct to be protected must be clearly defined. The effect of the injunction on third parties and on the business’s activities should also be examined. Where precautionary attachment should be considered to secure a monetary claim, directing a general injunction request at all assets outside the subject of the dispute is not a correct starting point.
Security and steps that keep the order in effect
The question of security and the statutory exceptions are addressed separately under İİK Article 259 for precautionary attachment and HMK Article 392 for interim injunction. In precautionary attachment, no security is required for a claim based on a judgment; for a claim based on a document with the nature of a judgment, the court assesses whether security is needed. In an interim injunction, an official document, conclusive evidence or the characteristics of the situation may support a reasoned decision to dispense with security; there is also a statutory exception for a person benefiting from legal aid. [2][5]
The purpose of security relates to the risk of harm if the protection requested proves unjustified. The client should be told that the security to be deposited differs from the court fee and that its return will be assessed separately. For the other side too, the possibilities of objection, modification or lifting are examined according to the state of the file. The relationship of the attachment amount or the scope of the injunction to the actual need should continue to be monitored after the application.
Obtaining the order is not the last step. Enforcement and the supplementary case or enforcement steps under HMK Articles 393 and 397 for injunctions, and İİK Articles 261 and 264 for attachments, should be tied to a separate calendar. Article 18/A/16, on mediation as a condition precedent to litigation, provides that certain time limits for filing suit do not run. It cannot be concluded from this provision that all time limits, including that for requesting enforcement of the order, are stopped. The order, the notification, the enforcement request, mediation and the main application records should be tracked together. [2][5][6]
How Are the Expert Examination and Objections to Reports Conducted?
Preparation for an expert examination should not begin after the report arrives. The subject of the examination, the technical questions and the necessary records should be determined in advance. An accounting dispute and a debate on production capacity may require different expertise. It should be clear which period, contract and payment items the report must examine.
Under HMK Articles 266 and 279, the expert’s task is limited to matters requiring special or technical knowledge; the legal assessment belongs to the judge. The judge evaluates the report together with the other evidence. An expert report is therefore not the same thing as a court judgment. [2]
The objection should point to the deficiency that changes the result
Instead of saying “we do not accept the report”, the objection should explain which document was not examined, which calculation was set up incorrectly or which assumption has no basis. For example, failing to take a partial payment into account, entering the same invoice amount twice, or measuring the machine’s capacity under conditions not provided for in the contract are concrete grounds for objection.
The file record on which the objection rests should be easy to reach: the relevant document, the section of the report, the error and the explanation requested should be shown together. The need for a supplementary report, an explanation or a new examination should be justified. The period for objecting to a report under HMK Article 281 runs from notification; additional time that may be requested under the statutory conditions is also not granted automatically. [2]
If an assessment from a technical adviser is to be obtained, the adviser should not be given only favorable documents. The method and assumptions used should be known, and it should be shown which deficiency the counter-report cures. The lawyer should connect the technical account to the legal question in the case and should not present the technical opinion as a document guaranteeing the result.
How Are the Options of Litigation, Settlement and Costs Compared?
Continuing on the litigation route, seeking a compromise or narrowing certain claims should be assessed on the basis of the evidentiary position of the file and the client’s objective. The comparison is not made up only of the amount claimed and the amount offered. Court fees, expert and site-inspection expenses, the need for security, the contractual attorney fee, any attorney fee award payable to the other side and the costs of enforcing the judgment should be shown separately.
An attorney fee agreement and the fee the court awards as part of litigation costs are different legal headings. Which tasks are included in the agreement, and whether separate arrangements are needed for enforcement, appeal or a new case, should be explained at the outset. The allocation of litigation costs is also assessed according to the rules relating to acceptance and rejection of the claim. [1][2]
A settlement option should not be presented as an admission of weakness. The payment schedule, security, the consequence of partial performance, the obligation of delivery or return and the route to follow if the agreement is not honored should be clearly regulated. The authority of the person negotiating on behalf of the company, and whether the lawyer may carry out acts requiring special authority, should be checked. HMK Article 74 is relevant in this respect. [2]
The scope and enforceability of an agreement reached in mediation are also examined separately. It should not be assumed that every signed document has the effect of a judgment on the same terms. The conditions in Article 18 of Law No. 6325 and the characteristics of the dispute should be taken into account. [6]
The assessment presented to the client should also show which change in assumptions would change the option. A new delivery record or new information about the debtor’s ability to pay may require the route previously considered reasonable to be reassessed.
How Should the Client Be Informed Throughout the Proceedings?
Informing the client should not be limited to saying that a hearing has been adjourned. The meaning of the step taken, the stage the file has reached, the expected development and the documents and decisions required from the client should be explained together. The lawyer’s duty of care and the duty to account within the mandate relationship form the legal basis of communication. [1][4]
In company files, who is authorized to receive information should be determined from the outset. It is not always necessary for management, accounting, the technical team and employees to have access to the same documents. The legal assessment should be separated from the need for technical information, and sharing should be kept to the extent the work requires.
An understandable file status record
A working record should show the latest development, its effect on the claim or defense, the next step and who is responsible. Where the client must make a decision, the options and the time needed for the decision should be stated clearly. For example, when an objection to an expert report is being prepared, instead of saying “the report is unfavorable”, it should be explained which calculation or technical assumption is in dispute.
When the expectation in the initial assessment changes, this change should not be concealed. How a new document, witness statement, report or judgment affects the strong and weak aspects of the file should be explained. If the prospect of collection has weakened, it should be stated that this too is a separate matter from the legal outlook of the proceedings.
The lawyer’s duty to inform the client is not measured by the frequency of communication alone. What matters is that information is conveyed at the right time, in an understandable way and with content suitable for decision-making. A step that has not taken place cannot be reported as if completed; an uncertain outcome cannot be presented with the impression that it is final.
How Are Appeal, Enforcement and Collection Followed After Judgment?
When a judgment is rendered, the operative part should first be read carefully. To what extent has each claim been accepted? How have interest, costs and other consequences been regulated? Is a non-monetary obligation stated with enforceable clarity? The file should not be regarded as complete until the difference between the judgment and the result the client expected has been identified.
Assessing appeal and enforcement separately
The availability of an appeal on the facts (istinaf) or on points of law (temyiz) is examined on the basis of the type of decision, the applicable limits, notification, the legal interest of the appealing party and the provisions applicable in time. The appeal petition should explain which finding or assessment of the judgment is disputed and why, rather than re-listing the earlier allegations.
An appeal and a stay of enforcement are not the same outcome. The rules under HMK Articles 350 and 367 and İİK Article 36, and the judgments that cannot be carried out before becoming final, should be addressed together. Generalizations such as “the other side has appealed, so nothing can be done” or “all judgments are enforced immediately” are not suitable for a file. [2][5]
Collection for a monetary claim, implementation of a non-monetary ruling
For a monetary claim, an enforcement calculation consistent with the judgment should be prepared; earlier payments, interest, costs and amounts collected should be tracked. As well as whether the debtor has assets, attachability, other creditors and the effects of any composition (konkordato) or bankruptcy process should be investigated. A court judgment does not by itself create the debtor’s ability to pay. For the choice of enforcement route, enforcing a claim in Türkiye and the distinction between an action for annulment of objection and the lifting of objection are separate matters to assess.
In a non-monetary ruling, by contrast, the thing to be delivered, the act to be performed, the conduct to be ended or the result to be reflected in a register must be determined. The provisions on the enforcement of judgments from İİK Article 24 onwards apply according to the nature of the ruling. The same list of steps cannot be used for annulling a company resolution and for delivering an item. [5]
If a judgment given in a foreign country is involved, its effect in Türkiye is examined separately. Enforcement in Türkiye of foreign court judgments on monetary claims is not identical to the steps for a judgment of a Turkish court. At the close of the file, the collections made, the expenses, the continuing obligations and the documents to be returned should be explained to the client.
Conclusion
How a commercial litigation lawyer works should be judged by whether the facts were correctly understood, favorable and unfavorable documents were reviewed together, claims and defenses were clear, time limits were tracked and the implementation of the judgment was followed. The length of a petition or the use of assertive language does not by itself show that this work has been done.
Three questions should be kept alive at every stage of the file: What legal outcome is sought, which evidence supports that outcome, and how will the resulting judgment be enforced? The answers may change with new information. It is necessary for the client to understand this change and to be able to make an informed decision between the options.
In a specific dispute, the first step is an assessment based on events placed in date order, a complete set of documents, notifications and the existing file records. The quality of preparation does not remove legal uncertainty; it shows which points need to be clarified and which steps must not be delayed.
Frequently Asked Questions
If one of the parties is a company, must the case be filed in a commercial court?
No. The legal nature of the dispute, the capacity of the parties, its connection with commercial enterprises and the special jurisdiction rules are assessed together. A company’s being a party is not enough on its own. The review under TTK Articles 4 and 5 should be carried out together with any special court rules. The mediation requirement is also assessed according to the claim, separately from jurisdiction. [3]
Is an invoice and an accounting entry enough to collect a claim?
The same answer cannot be given in every file. The invoice’s connection with the relationship, delivery and acceptance records, objections, payment documents and the evidentiary conditions of commercial books are examined. The effect of not objecting to the content of an invoice does not automatically remove every dispute about performance of the contract. Especially in a file where delivery or the scope of the work is disputed, other records are also needed. [2][3]
Should a client also give the lawyer documents that appear to be against them?
Yes. Incomplete or one-sided information can lead to the file’s risks being assessed wrongly. A discount letter, a service record, a payment, a reservation or an earlier statement of acceptance can change the legal options. The meaning of the document should be reviewed with the lawyer; the original should not be altered and the context of the correspondence should be preserved. Sharing should be done with regard to professional secrecy and the confidentiality the work requires. [1]
For a commercial monetary claim, is an interim injunction or precautionary attachment requested?
To secure a monetary claim, the conditions of precautionary attachment are, as a rule, examined. An interim injunction, on the other hand, is subject to different conditions relating to the protection of the right in dispute. The maturity of the claim, the pledge position, the need for protection and the documents are decisive. Whichever route is chosen, security, enforcement of the order and the steps that keep it in effect must be followed separately. [2][5]
Can every claim action prepared in 2026 be filed as an action on an undetermined claim?
No. HMK Article 107 was repealed by Law No. 7589, which entered into force on July 31, 2026. There is a transitional provision for cases filed before the repeal. The new regulation also separately provides for increasing the claim in a partial action. Old petition templates should not be used without examining the filing date of the case, the nature of the claim and the applicable procedure. [7][8]
Does winning the case mean the claim will definitely be collected?
No. The enforceability of the judgment, the debtor’s assets, the position on attachment and priority, other enforcement proceedings and any collective liquidation processes can affect collection. An appeal and a stay of enforcement are likewise examined separately. In non-monetary judgments, the aim may be to bring about an act different from collecting a sum. Post-judgment follow-up should therefore be considered at the very beginning of the proceedings. [2][5]
Sources
- Attorneyship Law No. 1136 (Avukatlık Kanunu). Arts. 34, 36, 38, 163–164
- Law No. 6100 on Civil Procedure (Hukuk Muhakemeleri Kanunu). Arts. 17–18, 74, 116–117, 119, 129, 132, 141, 189–190, 194, 199, 222, 266, 279–282, 323, 326, 350, 367, 389–400
- Law No. 6102, Turkish Commercial Code (Türk Ticaret Kanunu). Arts. 4, 5, 5/A, 21
- Law No. 6098, Turkish Code of Obligations (Türk Borçlar Kanunu). Arts. 123–126, 139–145, 506, 508
- Law No. 2004 on Enforcement and Bankruptcy (İcra ve İflas Kanunu). Art. 24 et seq., 36, 257–259, 261, 264
- Law No. 6325 on Mediation in Civil Disputes (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu). Arts. 18, 18/A/2, 18/A/15–16
- Law No. 7589 Amending Certain Laws for the Effective and Efficient Functioning of the Judiciary (Yargının Etkin ve Verimli İşlemesine Yönelik Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun). Arts. 19–20, Provisional Art. 1/10, Art. 26/c
- Grand National Assembly of Türkiye (TBMM) — Information on Law No. 7589. Adoption, publication and Official Gazette details