Guide to Filing an Additional Damages Claim in Turkey for Individuals Living Abroad

Guide to Filing an Additional Damages Claim in Turkey for Individuals Living Abroad (Guide relatif à la demande de réparation du préjudice complémentaire en Turquie)

For Turkish citizens and foreign investors residing abroad, disputes arising from receivables and contractual obligations in Turkey are frequently encountered. In cases where a debtor performs late or fails to perform properly, compensation limited solely to statutory interest often fails to cover the actual loss suffered. In this context, an additional damages claim regulated under Turkish Obligations Law constitutes a significant legal remedy allowing creditors to seek compensation for losses exceeding statutory interest.

The Concept of Additional Damages and Its Legal Basis (Préjudice complémentaire et fondement juridique)

Additional damages refer to losses suffered by the creditor due to the debtor’s default that are not compensated by statutory interest. Pursuant to the Turkish Code of Obligations, if the creditor proves such loss, compensation beyond interest may be claimed. In practice, these damages may include foreign exchange losses, depreciation caused by inflation, and missed alternative investment opportunities.

Can Individuals Living Abroad File an Additional Damages Claim in Turkey? (Introduction d’une action depuis l’étranger)

There is no legal obstacle preventing individuals residing abroad from filing an additional damages claim in Turkey. Such claims are filed before the competent Turkish courts and may be pursued entirely through legal representation without requiring the claimant to be physically present in Turkey. This provides a substantial advantage, particularly for individuals residing in Germany, Switzerland, and other European countries.

Burden of Proof and Judicial Practice in Additional Damages Claims (Charge de la preuve en matière de préjudice complémentaire)

The burden of proof constitutes the most critical aspect of an additional damages claim. The creditor must clearly and concretely demonstrate the losses not covered by interest. Turkish courts do not accept abstract or speculative damage claims and assess cases based on economic data, market conditions, and demonstrable financial losses. Accordingly, a strategically prepared legal claim is essential.

Litigation, Enforcement and Debt Recovery Process (Procédures d’exécution forcée et de recouvrement)

Once an additional damages claim is upheld, the awarded compensation is enforced pursuant to Turkish enforcement and bankruptcy law. For creditors residing abroad, professional handling of enforcement proceedings in Turkey is decisive for effective recovery. Seizure of bank accounts, movable and immovable assets constitutes the primary enforcement mechanisms.

Legal Services in Turkey and International Coordination (Coordination juridique internationale)

Attorney Fatma Karakülah is registered with the Istanbul Bar Association, and the legal services she personally provides are strictly limited to Turkish law. She directly represents clients in additional damages claims, litigation and enforcement proceedings conducted in Turkey. In disputes governed by foreign law, she cooperates with attorneys in the relevant jurisdictions within the international legal network of which she is a member. The expressions “Rechtsanwältin Fatma Karakülah” in German and “Lawyer Fatma Karakülah” in English are used solely to indicate that Fatma Karakülah is a licensed attorney in Turkey.

Managing Cross-Border Litigation in Turkey with Turkius Law (Gestion des litiges transfrontaliers)

Turkius Law & Mediation & IP Services provides comprehensive legal support in Turkey, particularly in additional damages claims as well as litigation and enforcement proceedings. For clients residing abroad, the firm aims to ensure transparent, predictable and efficient case management. Through accurate legal strategy, timely intervention and diligent follow-up, effective debt recovery becomes achievable.

Conclusion and Legal Assessment (Évaluation juridique finale)

For individuals living abroad, an additional damages claim in Turkey constitutes a powerful legal instrument to recover the true economic value of receivables. However, the success of such claims depends on working with an attorney who is well-versed in Turkish law and experienced in managing cross-border legal matters. Proper structuring and diligent pursuit of additional damages claims play a decisive role in preventing loss of rights.

Services

Turkius Law & Mediation & IP Services, based in Istanbul, provides highly qualified, solution-oriented legal consultancy, advocacy, mediation, and intellectual property services across more than 70 countries, leveraging its membership in international legal networks and collaboration with trusted, specialized partners. In today’s globalized business environment, commercial and individual activities spanning multiple countries require effective management of legal risks and complex regulations. Turkius Law & Mediation & IP Services addresses these needs with a comprehensive service approach, ensuring that clients receive secure, transparent, and strategically guided legal support for all their requirements.

In international business and investment processes, geographical distances, differing regulations, and local procedural variations can pose significant challenges. To overcome these obstacles, Turkius Law & Mediation & IP Services works in close coordination with a broad network of legal experts across various specialties, delivering fast, effective, and locally adapted solutions. From company formation and contract management to investment and immigration consultancy and international commercial law processes, clients receive strategic guidance at every stage. Companies and individuals operating in Turkey benefit from legal services fully compliant with Turkish legislation while maintaining alignment with international standards.

Turkius Law & Mediation & IP Services focuses on the unique needs of each client. This approach extends beyond addressing immediate legal issues, encompassing the proactive identification of potential risks and ensuring long-term legal security. Advisory services in areas such as labor and social security law, administrative law, immigration law, intellectual property rights, investment law, and dispute resolution are structured to align with clients’ strategic goals. Consequently, legal processes not only provide short-term solutions but also guarantee long-term stability and protection.

For international and cross-border projects, Turkius Law & Mediation & IP Services coordinates with qualified attorneys in relevant jurisdictions through its legal network. This ensures that matters subject to foreign law are handled in full compliance with local regulations, minimizing operational risks. Critical processes such as company formation, contract drafting, and conducting business activities within a legally compliant framework are meticulously planned and monitored, enabling clients to manage their operations securely and seize investment opportunities with confidence.

Preventive legal counsel and risk management are key pillars of Turkius Law & Mediation & IP Services’ services. Clients are supported not only in resolving disputes but also in implementing strategies to prevent potential conflicts. This includes contract drafting, establishing internal control mechanisms, monitoring corporate compliance processes, and conducting regulatory analyses. By addressing potential legal challenges proactively, clients gain the ability to manage risks before they materialize.

Particularly in international trade, investment, and immigration matters, harmonizing local and international regulations is essential. Turkius Law & Mediation & IP Services customizes legal processes according to each client’s objectives, industry, and operational structure, ensuring optimal solutions. Legal consultancy thus transforms from a procedural formality into a strategic partnership. Services in advocacy, mediation, and intellectual property management empower clients to operate safely both locally and internationally.

The consultancy provided by Turkius Law & Mediation & IP Services is also designed to safeguard clients’ long-term goals. Legal risks are analyzed, strategic recommendations are offered, and compliance at each step is carefully verified. This approach ensures predictability in business and personal planning while making legal processes transparent and manageable. Clients have access to professional support whenever needed, minimizing legal uncertainty.

In conclusion, Turkius Law & Mediation & IP Services is a trusted partner for legal consultancy, advocacy, mediation, and intellectual property services in Turkey. Leveraging its international legal network and expert partners, the firm addresses all legal needs strategically, securely, and solution-focused. Services are designed to minimize risks, ensure predictable and transparent legal processes, and enable clients to achieve their objectives with confidence.

Guide to Filing an Additional Damages Claim in Turkey for Individuals Living Abroad