Commercial Debt Claims and Mediation in Antalya

Which claims count as commercial in Turkey?

The Turkish Commercial Code treats disputes arising from matters connected with the commercial enterprises of both parties as commercial actions. Sales of goods and services between companies, dealership and distribution arrangements, carriage contracts and current account relationships all fall within this category.

Commercial actions are heard by the Commercial Courts of First Instance (Asliye Ticaret Mahkemesi). In Antalya these courts sit at the Antalya Courthouse. Whether a dispute is commercial in character matters for jurisdiction: a claim issued in a court without jurisdiction ends in a decision declining jurisdiction, and time is lost.

The source of the claim is usually an invoice, a contract, a delivery note or a current account statement. Keeping these documents in order is decisive for proof once a dispute arises.

Mandatory mediation before proceedings

For claims for payment of a sum of money and for compensation, an application to a mediator is a precondition of a commercial action. This is mandatory mediation (zorunlu arabuluculuk). A claim issued without completing it is dismissed on procedural grounds, without examination of the merits.

The application is made to the mediation office at the counterparty's place of business or at the place where the work was performed. The mediator brings the parties together and explores whether a settlement can be reached. The process is completed within the period set by legislation; if the parties agree, the settlement document, once endorsed as enforceable, has the force of a judgment.

Where no settlement is reached, a final record is drawn up and attached to the statement of claim. The mediation stage suspends the limitation period, which makes timely application important where a claim is close to expiry.

Statements made during mediation cannot be used as evidence in later proceedings if no settlement is reached. The rule exists so that the parties can explore solutions freely.

Enforcement proceedings or litigation?

The choice between the two routes depends on the document held. Where the claim rests on a court judgment, enforcement proceedings based on that judgment are commenced. Where there is no judgment, proceedings without a judgment may be started; the creditor need not produce a document, but an objection by the debtor stays the proceedings.

For negotiable instruments such as cheques, bonds and bills of exchange, a special accelerated procedure applies, with shorter periods and limited grounds of objection. Whether the instrument satisfies the formal requirements is decisive on this route.

Setting aside an objection is sought from the enforcement court, while annulment of the objection is sought from the general court. In an action to annul an objection, compensation for wrongful denial may arise where it emerges that the claim was rejected without justification. Which route fits depends on the nature of the document held.

Provisional attachment and interim measures

Where there is a risk that recovery will be jeopardised, provisional attachment (ihtiyati haciz) of the debtor's assets and accounts may be sought while proceedings are pending. The application rests on approximate proof of the existence of the claim, and security is ordinarily required.

Once an order is granted, enforcement proceedings must be commenced within the period prescribed by legislation; otherwise the order lapses automatically. Failure to observe that period deprives the order of effect.

For claims other than money claims, an interim measure (ihtiyati tedbir) is used instead — for example to prevent the transfer of immovable property or to suspend the exercise of a right temporarily.

Zoning disputes and commercial activity

For premises used in trade, the zoning position directly affects whether the business can continue. Changes to zoning plans, cancellation of permits, construction suspension reports and demolition orders are administrative acts, and annulment actions against them are brought before the administrative courts.

In administrative proceedings the period is, as a rule, sixty days from service of the act. It is a forfeiture period, and once it passes the act becomes final. Where enforcement of the act would cause damage difficult to remedy, a stay of execution may be requested.

Loss caused by a zoning act may be claimed through a full remedy action. In files where commercial and administrative disputes overlap, it should not be overlooked that each claim belongs to a different branch of jurisdiction and runs to its own time limits.

Interest, limitation and costs

In commercial matters, default interest is calculated at the statutory rate unless the parties have agreed otherwise. Where the contract sets a rate, that rate applies within the limits allowed by law. The starting date is determined by when default arose, which is why the date and content of a formal notice matter.

The general limitation period for commercial claims is, as a rule, ten years, although shorter periods are prescribed for certain contract types. Claims arising from a contract of sale, for instance, may be subject to different periods.

Court costs and attorney fees are apportioned between the parties according to the outcome. Where a claim succeeds in part, the apportionment follows the ratio of success to failure.

Preventing disputes at the contract stage

A large proportion of commercial disputes originate in points left undefined when the contract was made. Setting out delivery periods, the procedure for notifying defects, penalty clauses, grounds for termination, the competent court and the governing law narrows the scope of later argument.

In current account relationships, periodic reconciliation and retention of the reconciliation correspondence make the amount of the claim easier to prove. Observing the period for objecting to an invoice belongs in the same category.

Recording correspondence between businesses, storing it electronically and having it signed by authorised persons all strengthen the evidential position of a file. For the general framework in which these files are handled, see the page of our Antalya lawyer.

Frequently asked questions

What happens if I do not attend the mediation meeting? A party who fails to attend without valid excuse may be held liable for the costs of the proceedings even if wholly or partly successful, and may be refused an award of attorney fees.

If I do not object to an invoice, am I taken to have accepted it? Under the rules on commercial books and invoices, the content of an invoice not objected to within the prescribed period may be deemed accepted. The period for objection should therefore be observed.

Must proceedings already be on foot to obtain provisional attachment? No. It may be sought before proceedings are issued, but enforcement or an action must follow within the period prescribed after the order.

Can a commercial action and enforcement proceedings run at the same time? They can, although the same claim cannot be recovered twice. Which route takes priority depends on the document held and on the conduct of the debtor.

---

For further detail on the matters discussed here, see our Commercial Law page.

The information on this page is general in nature and does not constitute legal advice. You should consult a lawyer about your own situation.