What Is an Additional Damages Lawsuit and Why Is It Important? (Indemnisation complémentaire du préjudice)
This guide to filing an additional damages lawsuit in Türkiye for individuals living in Germany provides an essential legal roadmap for claiming losses arising from legal relationships established in Türkiye that cannot be compensated solely through statutory interest. Additional damages refer to losses suffered by the creditor due to the debtor’s default that are not adequately covered by default interest. In practice, factors such as high inflation, currency fluctuations, and lengthy judicial proceedings in Türkiye often result in creditors incurring real economic losses that cannot be remedied by interest claims alone.
Can Individuals Living in Germany File an Additional Damages Lawsuit in Türkiye? (Introduction d’une action depuis l’étranger)
Turkish nationals and foreign individuals residing in Germany may file an additional damages lawsuit in Türkiye with respect to obligations arising under Turkish law. Under Turkish legal principles, the claimant’s residence abroad does not restrict the right to bring legal action. Such lawsuits are filed before the competent Turkish courts and may be fully conducted through legal counsel. This allows individuals living in Germany to pursue their legal rights in Türkiye without the need for physical presence.
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. A creditor may claim compensation for concrete losses beyond interest, provided that such losses are duly substantiated. In practice, these damages may include exchange rate losses in foreign currency-based claims, depreciation of receivables due to inflation, or missed investment opportunities resulting from delayed payment.
Burden of Proof and Practical Challenges in Additional Damages Lawsuits (Charge de la preuve et pratique judiciaire)
The most critical stage of an additional damages lawsuit is the evidentiary process. Turkish courts do not accept abstract or speculative damage claims and require a clear causal link between the debtor’s default and the alleged loss. Accordingly, claims must be supported by concrete calculations and economic data. For creditors residing in Germany, professional case management is crucial, as it directly affects the outcome of the proceedings.
Litigation Follow-Up and Enforcement Process (Exécution forcée et recouvrement de créances)
If the additional damages claim is upheld, enforcement of the awarded compensation is carried out under Turkish enforcement and insolvency law. Recovery may be achieved through measures such as attachment of assets, freezing of bank accounts, and registration of encumbrances on real estate owned by the debtor in Türkiye. For individuals living in Germany, the effective and systematic conduct of enforcement proceedings in Türkiye is essential to ensure actual recovery of the claim.
Legal Services Provided in Türkiye 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. She offers legal representation and advisory services in Türkiye for individuals living in Germany in relation to filing additional damages lawsuits, conducting litigation, and pursuing enforcement proceedings. In disputes governed by foreign law, she collaborates with attorneys from the relevant jurisdictions within the framework of the international legal network of which she is a member. The designations “Rechtsanwältin Fatma Karakülah” in German and “Lawyer Fatma Karakülah” in English are used solely to indicate that Fatma Karakülah is an attorney licensed in Türkiye.
Managing Cross-Border Litigation from Germany to Türkiye with Turkius Law (Gestion des litiges transfrontaliers)
Turkius Law & Mediation & IP Services aims to manage litigation and enforcement processes in Türkiye for clients residing in Germany in a transparent and predictable manner. Through accurate legal strategy, diligent case follow-up, and timely enforcement actions, additional damages claims can be successfully concluded.
Conclusion and Legal Assessment (Évaluation juridique globale)
For individuals living in Germany, an additional damages lawsuit in Türkiye constitutes an effective legal mechanism to ensure that receivables retain their true economic value. However, the proper conduct of this process requires representation by an attorney with in-depth knowledge of Turkish law and experience in cross-border case management. The informed and strategic pursuit of additional damages claims plays a key role in preventing loss of rights for creditors.
