What Is an Additional Damages Claim and When Does It Arise? (Indemnisation complémentaire du préjudice)
This guide to filing an additional damages claim in Turkey for those living in Switzerland explains a key legal mechanism allowing creditors to claim losses that cannot be compensated solely through statutory interest in debt and receivable relationships arising in Turkey. Additional damages refer to economic losses exceeding default interest suffered by the creditor due to the debtor’s delay in performance. In practice, such damages frequently arise in Turkey due to prolonged judicial proceedings, high inflation rates, and exchange rate fluctuations.
Can Individuals Living in Switzerland File an Additional Damages Claim in Turkey? (Introduction d’une action depuis la Suisse)
Turkish citizens or foreign nationals residing in Switzerland may file an additional damages claim in Turkey provided that the underlying receivable arises under Turkish law. Under Turkish legal principles, residing abroad does not restrict a claimant’s right to initiate legal proceedings. Lawsuits are filed before the competent Turkish courts and may be conducted entirely through legal representation, allowing claimants living in Switzerland to pursue their rights without traveling to Turkey.
Legal Basis of Additional Damages Claims (Fondement juridique du préjudice complémentaire)
Claims for additional damages are assessed within the framework of the provisions of the Turkish Code of Obligations governing debtor default. Where a creditor proves that damages caused by late performance are not fully compensated by interest, additional compensation may be claimed. In practice, such damages may include exchange rate losses in foreign currency receivables, loss of value due to inflation, or missed investment opportunities resulting from delayed payment.
Burden of Proof and Key Considerations in Additional Damages Claims (Charge de la preuve et pratique judiciaire)
The burden of proof constitutes the most critical aspect of additional damages claims. Turkish courts do not accept abstract or speculative damage allegations; instead, they require a clear causal link between the debtor’s default and the alleged damage. Accordingly, claims must be substantiated by economic data, market indicators, and concrete calculations. For creditors residing in Switzerland, professional case management plays a decisive role in the outcome of such proceedings.
Litigation Follow-Up and Enforcement Process (Exécution forcée et recouvrement de créances)
If an additional damages claim is upheld, enforcement of the awarded compensation is carried out in accordance with Turkish enforcement and bankruptcy law. Measures such as attachment of bank accounts, seizure of movable assets, and encumbrances on immovable property may be pursued against the debtor in Turkey. For claimants living in Switzerland, consistent and effective enforcement proceedings are essential to ensure actual recovery of the awarded amounts.
Legal Services in Turkey and International Coordination (Coopération juridique internationale)
Attorney Fatma Karakülah is registered with the Istanbul Bar Association, and the legal services she personally provides are limited to Turkish law. For clients residing in Switzerland, she offers legal services in Turkey covering the filing and follow-up of additional damages claims as well as enforcement proceedings. In disputes governed by foreign law, she collaborates with attorneys from the relevant jurisdictions within the international legal network of which she is a member. The use of the titles “Rechtsanwältin Fatma Karakülah” in German or “Lawyer Fatma Karakülah” in English solely serves to indicate that Fatma Karakülah is a lawyer qualified to practice law in Turkey.
Cross-Border Case Management from Switzerland to Turkey with Turkius Law (Gestion transfrontalière des procédures)
Turkius Law & Mediation & IP Services aims to manage litigation and enforcement processes in Turkey for clients residing in Switzerland in a transparent and predictable manner. Through accurate legal strategy, effective case follow-up, and timely enforcement actions, successful recovery of additional damages claims can be achieved.
Conclusion and Legal Assessment (Évaluation juridique globale)
For individuals living in Switzerland, filing an additional damages claim in Turkey represents an effective legal instrument to recover the true economic value of receivables. However, success in such proceedings depends on working with an attorney well-versed in Turkish law and experienced in cross-border case management. A well-structured and strategically pursued additional damages claim helps prevent loss of rights and ensures effective legal protection.
