TÜRKIYE Law and Practice Contributed by: Tansu Akin, Akin Legal
the claimant becomes aware of (i) the damage; and (ii) the identity of the responsible person. This period expires five years after the incident under the tortious act, unless the act also con - stitutes a crime, in which case criminal statute of limitations rules apply (typically longer than civil limitation periods). The Consumer Protection Law establishes a two-year limitation period for consumer rights related to product defects. The Product Safety Law provides a three-year time limit for seeking reimbursement for dam - ages suffered due to unsafe products. However, jurisprudence is evolving towards an understanding that the statute of limitations does not apply to hidden defects, thereby extending the general period to a ten-year limit in accord - ance with general principles. 2.4 Jurisdictional Requirements for Product Liability Claims Under civil procedural law, the courts of first instance within the defendant’s domicile have jurisdiction. The TCO, however, allows the claimant to choose the competent court either at the defendant’s domicile or the place where the tortious act occurred. Furthermore, if the claimant is a consumer, they may elect to file their claim in the court of their own domicile. 2.5 Pre-Action Procedures and Requirements for Product Liability Claims For all consumer and commercial disputes, a mediation process is compulsory.
The mediation period is limited to three weeks for consumer matters and six weeks for commercial matters. The parties may mutually extend this period by one-third. While the defendant is not obligated to partici - pate in the mediation process, failure to do so may result in them being liable for the mediation costs incurred if the dispute proceeds to litiga - tion. 2.6 Rules for Preservation of Evidence in Product Liability Claims The Product Safety Law does not provide for any particular rules for preservation of evidence (save for market surveillance activities of the regulators). The Turkish system also does not have pre-trial deposition. The preliminary objections, as well as the evidence, are tried during the suit pro - ceedings. However, the CPL, which outlines general civil litigation procedures, does provide a specific mechanism for “determination of evidence” . If circumstances suggest that evidence may be lost or destroyed before it can be collected dur - ing regular litigation proceedings, the relevant party can apply to the nearest competent court to secure the evidence, with or without the opposing party’s presence. The court will then decide whether there is suf - ficient time to notify the opposing party and obtain their statements, or if necessary, secure the evidence immediately and inform the oppos - ing party afterwards. However, the Court of Appeals expects the lower courts to collect additional evidence that sup - ports the findings of this “determination of evi-
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