Could My Old Claim Be Time-Barred?

Documenting Claims and Evidence
Prepared by: Constantinople
Documenting Claims and Evidence
A claim's age alone does not establish limitation. Although Article 146 of the Turkish Code of Obligations provides a general ten-year period, many claims have special periods. Commencement, suspension, and interruption must also be examined. A blanket assumption that anything under ten years is safe is inappropriate.
Source and maturity are the initial key facts. Lease, employment, commercial sale, instruments, and tort do not share one timetable. Acknowledgment, part payment, or earlier proceedings may affect calculation. The actual dates must be proved, not merely asserted.
Years of discussions should not be assumed always to suspend limitation. Not every notice interrupts it. Litigation and enforcement complaints may also have forfeiture periods differing from limitation. An old file appearing open does not alone establish continuing validity of every attachment and claim right; its contents must be read.
Prepare a chronology from the first contract to today showing earlier enforcement, actions, payments, and acknowledgments. Add countries and dates of foreign proceedings; match every potentially effective step to its document.