Statute of limitations (zamanaşımı)

Legal meaning

The Turkish Code of Obligations (TBK) sets the general statute of limitations period at ten years; some claims are subject to five-year periods or to different periods in special statutes. The period, as a rule, begins when the claim falls due. Special provisions may apply in relations involving tort, unjust enrichment, employment, consumer protection and commerce.

Events such as acknowledgment of debt, partial payment, a lawsuit or enforcement proceedings may interrupt the statute of limitations; certain relationships may prevent the period from running or suspend it. After interruption, a new period begins. It must not be confused with a preclusive period.

The expiry of the statute of limitations does not by itself prevent a lawsuit from being filed or enforcement proceedings from being initiated. The debtor’s properly raised defense and its consequences are assessed; under TBK Art. 161 the judge cannot take the statute of limitations into account ex officio. If a time-barred debt has been performed, the payment cannot be reclaimed on that ground alone (TBK Art. 78/2).

Key elements and practical criteria

• It does not terminate the debt; it gives the debtor a defense of refusing performance.
• As a rule, it is raised as a defense.
• There are general and special periods.
• Grounds for suspension and interruption have separate consequences.

Practical significance

An incorrect calculation of the period can lead to a loss of rights that is difficult to remedy. The type of claim, the due date, service of documents, acknowledgments, payments and earlier applications should be examined chronologically.

Concepts often confused

• The statute of limitations, as a rule, applies upon the defense raised by the defendant; a preclusive period may be considered by the court ex officio and ends the exercise of the right.
• Filing a lawsuit may interrupt the statute of limitations; however, the procedural outcome and the effect of later steps are assessed separately.

Practical example

A partial payment made to the creditor may, if the conditions are met, be treated as an acknowledgment of the debt, interrupt the statute of limitations and cause a new period to begin.

Frequently asked questions

Does the court apply the statute of limitations on its own?

As a rule, no. The debtor must raise the statute of limitations defense in time.

Does every claim become time-barred after ten years?

No. There are special periods of five years and shorter or longer periods; the legal nature of the claim must be determined.