What Is an Additional Damage Claim? (Préjudice supplémentaire)
An additional damage claim is a specific type of compensation claim that allows the creditor to recover economic losses exceeding statutory interest arising from the debtor’s default. In Turkey, due to lengthy court proceedings, high inflation, and currency fluctuations, interest alone often fails to compensate the creditor’s actual loss. In such cases, additional damages serve as a crucial legal mechanism aimed at preserving the real economic value of the receivable.
Can Turks Living in Germany File an Additional Damage Claim in Turkey? (Introduction de l’action depuis l’Allemagne)
Turkish citizens residing in Germany, or individuals who have a legal relationship originating in Turkey, are entitled to file an additional damage claim in Turkey. Under Turkish law, residing abroad does not eliminate the right to initiate legal proceedings. What matters is that the debt arises in Turkey or that Turkish courts have jurisdiction. These lawsuits are filed before competent Turkish courts and can be conducted entirely through legal representation.
Legal Basis of Additional Damage Claims (Fondement juridique)
Additional damage claims are based on provisions of the Turkish Code of Obligations governing the debtor’s default. The creditor may claim compensation for losses that are not covered by statutory interest, provided that such losses are proven with concrete evidence. In practice, these damages often include loss of value due to inflation, exchange rate differences in foreign currency receivables, or missed investment opportunities caused by delayed payment.
Burden of Proof and Practical Considerations (Charge de la preuve)
The most critical element in additional damage claims is the burden of proof. Turkish courts do not accept abstract or hypothetical damage assertions and require a clear causal link between the debtor’s default and the alleged loss. Therefore, claims must be supported by economic data, market conditions, and detailed calculations. For creditors residing in Germany, professional legal management of this process is decisive for the success of the case.
How Is the Litigation Process Conducted from Germany? (Procédure judiciaire transfrontalière)
Individuals living in Germany may file and pursue an additional damage claim in Turkey without traveling, by appointing a Turkish attorney. The preparation of petitions, representation at hearings, and submission of evidence are carried out through a power of attorney. This approach offers significant advantages in terms of both time and cost efficiency for clients residing abroad.
Enforcement and Debt Recovery After the Judgment (Exécution forcée)
Once the court grants the additional damage claim, the awarded compensation is collected in accordance with Turkish enforcement and bankruptcy law. Measures such as attachment of bank accounts and seizure of movable or immovable assets may be implemented. Effective enforcement proceedings are the key factor determining the actual recovery of the awarded amount.
Legal Services Provided in Turkey and Scope of Authority (Activité d’avocat en Turquie)
Attorney Fatma Karakülah is registered with the Istanbul Bar Association, and the legal services she personally provides are limited to Turkish law. In disputes subject to foreign law, including German law, she cooperates with qualified attorneys within her international legal network. The designations “Rechtsanwältin Fatma Karakülah” in German and “Lawyer Fatma Karakülah” in English are used solely to indicate that Fatma Karakülah is a lawyer licensed in Turkey.
Litigation from Germany to Turkey with Turkius Law (Mise en œuvre transfrontalière des droits)
Turkius Law & Mediation & IP Services aims to manage litigation and enforcement processes in Turkey for clients residing in Germany in a transparent, predictable, and efficient manner. With a well-structured legal strategy and diligent case monitoring, additional damage claims can be successfully concluded.
General Legal Assessment (Évaluation juridique globale)
For Turks living in Germany, an additional damage claim in Turkey is a powerful legal tool to restore the true economic value of receivables. However, success depends on working with an attorney who has in-depth knowledge of Turkish law and experience in managing cross-border cases. Strategic and well-informed pursuit of additional damage claims effectively prevents significant loss of rights.
