Limitation Period

Also known as: Statute of Limitations, Prescription, Time Bar, Forfeiture Period, Zamanaşımı

In short

The debtor acquiring the right to refuse performance if a claim is not pursued within the period set by law; the claim does not end but can no longer be enforced through the courts.

Limitation means that the debtor acquires the right to refuse performance if the creditor does not pursue its claim within the period set by law. A time-barred claim does not end, but if the debtor raises the limitation defence, it cannot be enforced through litigation or enforcement proceedings.

Main Periods

General period: Unless the law provides otherwise, every claim is time-barred in ten years (Turkish Code of Obligations Art. 146).
Five-year periods: Claims such as rent, interest and other periodic payments; claims of commercial representatives and agents; claims arising from mandate and commission agreements; and employees’ claims arising from employment are time-barred in five years (Art. 147).
Torts: Two years from when the injured party learned of the loss and the liable person and in any event ten years from the act; if the act constitutes an offence with a longer limitation period, that period applies (Art. 72).
Unjust enrichment: Two years from learning, and in any event ten years from the enrichment.

Special laws provide different periods, for example two and five years for directors’ liability; for employment claims see Limitation Periods in Employment Law.

Interruption and Suspension

Interruption: The debtor acknowledging the debt (paying interest or part of the debt, providing security) or the creditor filing a case or starting enforcement proceedings interrupts limitation. The period restarts (Art. 154).
Suspension: In certain relationships, for example between persons under guardianship and their guardian, limitation does not run or is suspended (Art. 153). In mandatory mediation, limitation is also suspended from the application until the final report.

Raised as a Defence

The judge cannot apply limitation of their own motion (Art. 161); the debtor must raise it as a defence in its statement of defence. Limitation should therefore always be assessed when responding to a claim.

Difference from Forfeiture Periods

When a forfeiture period expires, the right itself ends and the judge takes this into account of their own motion. For example, the three-month period for annulment of general assembly resolutions and the one-year period for an action for annulment of objection are forfeiture periods. As a rule, they cannot be interrupted or suspended.

Frequently Asked Questions

Does the judge apply limitation of their own motion?

No. The judge cannot apply limitation of their own motion; the debtor must raise it as a defence. Forfeiture periods, however, are applied by the judge of their own motion.

How is limitation interrupted?

Limitation is interrupted by the debtor acknowledging the debt, for example by paying interest or a part payment, or by the creditor filing a case or starting enforcement proceedings. A new limitation period starts on interruption. In mandatory mediation, limitation is suspended from the application until the final report.

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