Antalya Lawyer Ahmet Alkan Law Office was established in 2015 in Antalya Kepez by Lawyer Ahmet Alkan. Alkan Law Office provides legal consultancy, advocacy and mediation services to its clients in many legal processes. In the field of lawyers in Antalya, Alkan Law Office examines all aspects of a legal problem and finds the most correct solution. In order to achieve this, it provides legal consultancy and advocacy services by working with experts in the field, dealing with each problem within its own special knowledge and conditions.
The statute of limitations is a concept that gives the debtor the right to reject the demand for receivables after the periods specified in the law have passed. In other words, different periods are stipulated in the law for each receivable. If this period expires, the debtor may say that I no longer pay my debt. In this article, we have discussed the general statute of limitations in the field of private law and the specific periods for each type of receivable. You can ask your questions about the subject to our office by clicking here.
Time Limit on Claims Arising from Contracts in Turkish Law
As a rule, the statute of limitations for receivables arising from the contract is 10 years. In other words, all kinds of receivables for which a different period is not stipulated by the special law will be time-barred after 10 years.
Timeout Period for Tort in Turkish Law
Three different periods are foreseen for tortious acts. It becomes time-barred in two years from the date on which the damage and the perpetrator of the wrongful act are learned. In cases where the learning takes place later, it is possible that the 10-year period, and if a longer period is stipulated in the penal laws, the statute of limitations expires.
Timeout for Unjust Enrichment in Turkish Law
Claims arising from unjust enrichment are subject to a two-year statute of limitations from the date on which the right of reclaim is learned. If the right of reclaim is learned later, it becomes time-barred after 10 years from the date of unjust enrichment.
There are many different types of statute of limitations. You can contact Antalya Lawyer Ahmet Alkan Law Office by clicking here and get more detailed information.
Execution Periods in Turkish Law
The durations related to the statute of limitations may be confused with the expiry of the execution file. If no action is taken for a year, the execution file is removed from the process. The file is closed in the Uyap electronic system and does not appear in the e-government of the debtors. However, the drop of the file does not mean that the statute of limitations has expired or that you are out of debt. With a simple renewal petition, the file can be reopened and the proceedings can be started.
It can also be confused with the falling of liens. Real estate, i.e. land, flat, etc. The liens placed on immovable properties are forfeited if no sale is requested for a period of one year. For vehicles and other movable goods, if the sale is not requested within 6 months, the lien is forfeited. However, creditors can make a new lien by making a request again.
In other words, let’s not confuse the statute of limitations with the one-year filing period and foreclosure periods. The deadlines for enforcement are much longer. The general term is 10 years. In other words, the receivables, which are not determined for a shorter period by a special law, become time-barred with the passage of 10 years. For example, loan debts are in this scope.
Timeout of Check in Turkish Law
For receivables arising from bills of exchange, such as checks and promissory notes, the statute of limitations is 3 years. After these periods have passed, the creditor cannot initiate proceedings through foreclosure specific to bills of exchange. However, it is possible to resort to legal remedies based on the actual relationship that is the source of the debt.
Limitation of Lease in Turkish Law
The statute of limitations for periodic acts such as regularly paid rent and dues is 5 years. This period starts from the due date determined by the contract. For example, if a rental debt with a maturity date of 15 April 2016 is not paid by 15 April 2021, it will become time-barred.
How Should the Defiance of Time Limit Be Invoked in Turkish Law?
First of all, you definitely need a lawyer on complex issues such as the statute of limitations. As Attorney Ahmet Alkan Law Office, we are always with you in such complex legal matters.
If the creditor does not file a lawsuit or initiate enforcement proceedings within these periods, the debt becomes time-barred. However, do not relax by saying that the time has passed and the creditor cannot do anything. The creditor can still initiate enforcement proceedings. In this case, you must appeal against the statute of limitations.
If the receivables based on a check, promissory note or court decision are time-barred, you must appeal to the enforcement court within 5 days. In other enforcement proceedings, you must make an objection within 7 days of receiving the payment order. If a lawsuit is filed, you must state your objection with a petition within 2 weeks of response time.
If you do not make an objection within these periods, the judge cannot consider the statute of limitations. Likewise, if you make a payment to the creditor even though the debt has expired, you cannot get it back. For this reason, it is extremely important that you know your right and use it in due time.
Does Enforcement Proceeding Break the Timeout in Turkish Law?
If litigation or enforcement proceedings are initiated within the time limit related to the statute of limitations, the probability of your claim to be time-barred is very low. Because when enforcement proceedings are initiated, the statute of limitations is interrupted and the 10-year period begins again. Even if there is no action for a year and the statute of limitations begins, the 10-year period starts again at each renewal. If your file has been transferred to asset management companies, it will be very difficult for it to expire, as the period increases to 20 years.
What is the Difference with the Forfeiture Period in Turkish Law?
If a certain work or action is not carried out within the time limit determined by the law, the right will automatically cease to exist. In the statute of limitations, even if the time has expired, if the denunciation is not claimed, the acts must be performed.
Antalya Lawyer Ahmet Alkan Law Office
Antalya Lawyer Ahmet Alkan Law Office was established in Antalya Kepez in 2015 by Lawyer Ahmet Alkan. Alkan Law Office does not compromise its clients’ sacred right of defense in all areas of law.
Antalya Lawyer Alkan Law Office provides not only legal services but also mediation services. Just click here to get information from our expert staff about all your legal transactions.
