Limitation of Claims and the Limitation Defence

Legal Article · 12 November 2026
Av. Thomas Andreas Di Constantinople

Limitation is a defence allowing the debtor to refuse performance after a statutory period. It is not the same as automatic extinguishment in every case. Under Article 161 of the Turkish Code of Obligations, the judge cannot consider it of their own motion unless the debtor raises it.

Article 146 provides the general period; Article 147 gives shorter special periods for rent, specified periodic performances, certain services, and contractual relationships. Tort, unjust enrichment, and special contract provisions may have other periods. Reliance solely on the general period without identifying the claim's legal cause is therefore inappropriate.

Time generally begins at maturity. If maturity depends on notice, the special commencement rule in Article 149 of the Turkish Code of Obligations must be assessed. Instalments or components under one contract may have different starting dates. Suspension and interruption may also change the calculation.

Limitation differs from a forfeiture period. The latter may have different consequences for existence and exercise of the right. A period being statutory does not alone make it a limitation period. Correct assessment considers claim type, maturity, interruption and suspension events, and timing of the defence together.

Legal Basis: Turkish Code of Obligations No. 6098, Articles 146–161. Official legislative text.

This article has been prepared for general legal information purposes.