Statute of Limitations: General and Special Periods, Interruption and Suspension

General Statute of Limitations (TBK article 146)

Unless there is a contrary provision in the law, every receivable is subject to a 10-year statute of limitations. This rule is the default period applied unless a special limitation period is stipulated. Claims for damages arising from breach of contract and classical claims other than unjust enrichment are subject to a period of 10 years.

Five-Year Special Statute of Limitations (TBK article 147)

A 5-year statute of limitations applies to the following receivables:

• Other periodic payments such as rental fees, principal interest and wages
• Accommodation, food and other service fees of hotels, motels and hostels
• Receivables from small art businesses and retail sales
• In a partnership, the partners' receivables arising from the partnership agreement and between the partners between each other or themselves and the partnership
• Receivables arising from brokerage agreements, excluding commercial brokerage fee receivables from power of attorney, commission and agency agreements
• Receivables arising from the contract of work, except that the contractor does not fulfill his obligations at all or properly due to his gross negligence

Two-Year Statute of Limitations — Tort and Unjust Enrichment

• Tort compensation (TBK article 72): 2 years from the date the injured party learned about the damage and the perpetrator; In any case, 10 years from the date of the act.
• Unjust enrichment (TBK article 82): 2 years from the moment you learn about your right to claim back; 10 years anyway.

Other Important Special Statutes of Limitations

• Labor Law Additional Article 3: 5 years for annual leave pay, severance pay, notice pay, bad faith compensation, equal treatment compensation.
• Labour Law No. 4857 art.32/8: 5 years for wage receivables (in indefinite-term contracts).
• KTK article 109/1: 2/10 years for compensation arising from traffic accident; If it is a crime, the statute of limitations is extended.
• TTK article 5/A: In commercial disputes, TCC rules apply to receivables.
• Consumer guaranteed sales: For warranty against defects, 2 years (movable), 5 years (immovable) — TBK art.231 and TKHK art.12.
• Tax receivables (VUK article 114):Accrual and collection statute of limitations is 5 years.
• Prescription in enforcement proceedings (EBL art. 39): 10 years in enforcement proceedings with a judgment, and your own statute of limitations in cases without a judgment.

Starting of the Statute of Limitations

As a rule, the statute of limitations begins to run on the date the receivable becomes due (TBK art. 149). If no maturity date is set, the debt becomes due upon notice and the period starts from the notice. In joint and several indebtedness, it works separately for each debtor.

Suspension of Statute of Limitations (TBK art. 153)

In some cases, the statute of limitations does not run or the statute of limitations that has started to run is stopped. In this case, when the reason for stopping is eliminated, the time continues with the remaining part. Main reasons:

• For the children's receivables from their parents during the custody period
• For the receivables of those under guardianship from the guardian during the guardianship period
• For the spouses' receivables from each other as long as the marriage union lasts
• For the receivables of domestic workers from their employers as long as the service relationship continues
• As long as the debtor has usufruct rights over the receivable
• Unless it is possible to assert the receivable in Turkish courts
• In case the title of creditor and debtor is merged in the same person, in case the merger is terminated with retroactive effect in the future, until this situation arises
• From the compulsory mediation application until the date of preparation of the final report (Additional Article 3 of Law No. 4857, Article 3 of Law No. 7036)

Interruption of Statute of Limitations (TBK art. 154)

In some cases, the current statute of limitations is reset and starts to run again. Reasons for discontinuation:

• Debtor's acknowledgment of debt (including partial payment, interest payment, pledging)
• Creditor filing a lawsuit
• Credee asserting defense
• Initiating enforcement proceedings
• Applying to the bankruptcy estate
• Applying for arbitration
• Authorization of other authorities to which the parties apply by the judicial authority

Important: An ordinary notice does not interrupt the statute of limitations; just enough for default. For severance, either the debtor's acknowledgment of the debt or one of the official initiatives listed in the law is required.

Prescription Defi (TBK art.161)

Prescription is claimed as a def; The judge cannot take it into consideration ex officio. If the debtor does not meet the statute of limitations, the case is heard on the merits, not in terms of time. For this reason, the statute of limitations defense should be claimed at the first opportunity in defense.

If Not Proposed Within Response Time

According to HMK Article 142, the defendant may put forward the defenses and objections that he did not put forward in the response petition until the preliminary examination stage. Once the preliminary examination is completed, it cannot be put forward anymore (HMK article 141). For this reason, the limitation period must be expressed at the latest before the preliminary examination.

Prescription Agreement (TBK article 148)

Prescription periods cannot be changed by contract. In other words, contract provisions that extend or shorten the period are invalid. However, the creditor may waive the statute of limitations in favor of the debtor before the due date; After the period expires, the debtor may waive the statute of limitations.

Practical Notes