What Is an Additional Damages Lawsuit? (Préjudice supplémentaire)
An additional damages lawsuit is a specific type of compensation claim allowing creditors to recover additional financial losses that cannot be compensated solely through statutory interest due to the debtor’s default. In Türkiye, prolonged judicial proceedings, high inflation, and currency fluctuations often result in significant economic losses when receivables are not collected on time. In such cases, claims for additional damages aim to protect the real economic value of the receivable.
Can Turks Living in Switzerland File a Lawsuit in Türkiye? (Introduction d’une action depuis la Suisse)
Turkish citizens residing in Switzerland or individuals holding a receivable originating in Türkiye have the right to file an additional damages lawsuit in Türkiye. Under Turkish law, residing abroad does not eliminate a claimant’s legal capacity to initiate proceedings. What matters is that the debt arose in Türkiye or that Turkish courts have jurisdiction. Such lawsuits are filed before the competent Turkish courts and may be conducted entirely through legal representation.
Legal Basis of Additional Damages Claims (Fondement juridique)
Claims for additional damages are based on the provisions of the Turkish Code of Obligations governing debtor default. Creditors may claim additional compensation to the extent that they can prove concrete losses resulting from delayed performance that are not covered by interest. In practice, these losses may include depreciation due to inflation, exchange rate differences in foreign currency receivables, and missed investment opportunities caused by late collection.
Burden of Proof and Key Practical Considerations (Charge de la preuve)
The most critical aspect of additional damages lawsuits is the burden of proof. Turkish courts do not accept abstract or speculative claims and require a clear causal link between the debtor’s default and the alleged damage. Therefore, claims must be supported by economic data, market conditions, and detailed calculations. For creditors living in Switzerland, professional case management plays a decisive role in the outcome of the lawsuit.
How Is the Lawsuit Conducted from Switzerland? (Conduite de la procédure depuis l’étranger)
Clients residing in Switzerland may initiate and pursue additional damages lawsuits without traveling to Türkiye by appointing Turkish legal counsel. Through a power of attorney, petitions can be prepared, hearings attended, and evidence submitted on the client’s behalf. This provides substantial advantages in terms of time efficiency and cost savings for individuals living abroad.
Enforcement and Debt Recovery After the Judgment (Exécution forcée)
If the court upholds the claim, enforcement of the awarded additional damages is carried out under Turkish enforcement and bankruptcy law. Measures such as attachment of bank accounts and seizure of movable or immovable assets may be applied. Effective enforcement proceedings are the most decisive stage in ensuring the practical success of an additional damages lawsuit.
Legal Services in Türkiye and Scope of Authority (Exercice de la profession 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 governed by Swiss or other foreign laws, she cooperates with relevant local attorneys within the international legal network of which she is a member. The designations “Rechtsanwältin Fatma Karakülah” in German or “Lawyer Fatma Karakülah” in English are used solely to indicate that Fatma Karakülah is a lawyer qualified in Türkiye.
Cross-Border Case Management from Switzerland to Türkiye with Turkius Law (Mise en œuvre transfrontalière des droits)
Turkius Law & Mediation & IP Services aims to manage litigation and enforcement processes for clients living in Switzerland in a transparent, predictable, and effective manner. Through a well-structured legal strategy and systematic case follow-up, additional damages claims can be successfully concluded.
General Legal Assessment (Appréciation juridique globale)
For Turks living in Switzerland, an additional damages lawsuit in Türkiye is a powerful legal mechanism for securing the real economic value of receivables. However, achieving a successful outcome requires working with a lawyer experienced in Turkish law and cross-border case management. Strategically and diligently pursued additional damages claims help prevent substantial loss of rights.
