1. LIMITATION PERIOD CONCERNING IN THE CIVIL CLAIMS IN TURKEY
Av. A.Vahit Kaya LLM, MBA
KAYA & PARTNERS
LAWYERS and CONSULTANTS

2. LIMITATION PERIOD CONCERNING IN RELATED LAWS
Time Limitations in Code of Obligations
(Code of Obligations Came into force on July 1, 2012)
Application of time limitations in Crimial Code to civil claims

3. RELAVENT CODES /LAWS
The limitation periods are very confusing and complex in the Turkish Legal system
There are two types of legal procedures in Turkey; civil law and criminal law

4. Time limitiation defers on where the injury has occured.
eg.car crash and/or in work related vehicle or occurred at a hotel by somebody’s negligence.
Generally speaking time limitiation in majority of personal injury cases is between two years and ten years
(Code of Obligation Article 70/1)
Time limitiation is usually longer if there is an unlawful action which could be also defined as a crime in criminal code or where the criminal investigation is conducted related to the act
(Code of Obligation Article 72/1-b)

5. BEGINING OF LIMITATION PERIOD
Court proceedings must begin within two years of the injury, or of when the injured becomes aware of the results of the tortuous act/s.
(e.g case of a British Actress in Dalaman Airport)
Exceptions of the two years time requirement : both Criminal and CoO those that require long time frame that allow for a maximum time period some cases.
(eg.statute of limitation in criminal law at least 8 years max fifteen years)

6. EXEMPTION OF TWO YEARS OF TIME LIMITATION
Normally personal injury cases should be commenced within two years if there are no injuries, criminal investigations or /and if the nature of the unlawful act is classified as a crime
However, Turkish Criminal Procedural Code have different statute of limitations and time periods that applies to civil procedure.

7. EXEMPTION OF TWO YEARS OF TIME LIMITATION
The Turkish Time Limitation is ten years if there is a contract between the Claimant and Defendant
Code of Obligations, Art 146 the Turkish Limitation period shall be 10 years
eg: travelling with a ticket on a bus or having holiday through a package tour holiday contract
Subrogation claims shall be brought before the court in 2 years time beginning from the date of payment to insured.

8. CONCLUSION
Time limitations in Turkish Legislation can be categorized into 4 in personal injury cases; which are 2 years, 10 years and period for criminal offences (eight or fifteen years, in criminal law statute of limitation is at least 8 years.).

9. THANK YOU FOR YOUR ATTENTION
Prepared By
Av. A.Vahit Kaya
(LLM, MBA)
PEOPIL Conference
Copenhagen