1. Statute of Limitations and Forfeiture Periods in Maritime Claims

In claims arising from maritime law, time limits vary according to the nature of the claim, within the framework of the Turkish Commercial Code (TTK) and related legislation. Failure to comply with these time limits is one of the most fundamental risks leading to the dismissal of the case without addressing its merits.

Freight and Demurrage Receivables: According to Article 1246 of the Turkish Commercial Code; all receivables arising from freight contracts, bills of lading or ship charter agreements 1 year It is subject to statute of limitations. This period begins to run from the date the debt becomes due.

Istanbul 17th Civil Commercial Court, 30.11.2022, 2021/492-2022/688: Demurrage#atfp_close_translate_span# will receive It has been confirmed that the period is one year and that the period begins with the payment becoming due.

Istanbul 17th Civil Commercial Court, 02.09.2021, 2020/122-2021/351: It has been ruled that the due date for container demurrage claims is “the date the container is returned empty to the actual carrier,” and failure to file a lawsuit within one year from this date results in the loss of rights.

Loss, Damage, and Delayed Delivery of Goods: According to Article 1188/1 of the Turkish Commercial Code, compensation lawsuits to be filed against the carrier. 1-year statute of limitations This period is subject to change. This period begins from the date the goods are delivered or should be delivered.

Istanbul Regional Court of Appeals, 13th Civil Chamber, 28.09.2023, 2023/1346-2023/1368: It was emphasized that the one-year period for claiming compensation for commodity damage is a forfeiture period, and that exceeding this period will result in the dismissal of the case on procedural grounds.

Istanbul Regional Court of Appeals, 14th Civil Chamber, 17.03.2022, 2019/1987-2022/331: NThe issuance of a warning notice does not interrupt the statute of limitations; failure to file a lawsuit or follow-up within the prescribed time limit is irreparable. It has been stated that this results in a loss of rights.

Those Who Will Receive Rescue and Assistance: According to Article 1261/5 of the repealed Turkish Commercial Code No. 6762, these receivables… 2 years It is subject to the statute of limitations. However, if the rescue operation is carried out by vessels or tugboats specifically dedicated to this purpose, different legal regimes (Turkish Commercial Code, Article 1230/last paragraph) may apply.

Antalya Regional Court of Appeals, 11th Civil Chamber, 04.07.2023, 2023/577-2023/1245: A debate arose as to whether the statute of limitations for salvage claims begins on the date the service ended or the date of the salvage operation; the Supreme Court overturned the decision and dismissed the case on the grounds that the tugboat was assigned to the salvage operation.

Passenger Transportation and Bodily Injuries: The statute of limitations for compensation claims filed by passengers who suffered physical harm in a maritime accident or by those who lost the support of deceased passengers. For 10 years.

Court of Cassation, 11th Civil Chamber, 20.10.2014, 2014/9100-2014/15966: The court’s rejection decision, which was based on a one-year period, was overturned on the grounds that the ten-year period should be applied pursuant to Articles 767 and 1270 of the Turkish Commercial Code.

2. Time Management and Subrogation Risk in Recourse Cases

Although the statute of limitations in subrogation claims is generally considered to begin from the “payment date,” there are time restrictions in cases filed by insurance companies through subrogation.

Insurance Subrogation: When the insurer files a lawsuit as the successor of the injured party, it is subject to the same time limits as the original claimant.

Istanbul Regional Court of Appeals, 13th Civil Chamber, 02.10.2025, 2025/1217-2025/1587: It has been stated that the insurer cannot benefit from the 90-day additional recourse period in Article 1188/3 of the Turkish Commercial Code because it is the “successor of the injured party” and not the “person held responsible,” and therefore the standard 1-year period applies.

Beginning of Recourse: Court of Cassation, 11th Civil Chamber, October 31, 2012, Case No. 2011/6933-2012/17014  In its decision numbered [number], the court ruled that in recourse relationships, the statute of limitations begins from the date the original carrier makes the payment to the third party.is.

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3. Procedural Steps and Selection of Competent Court

Choosing the wrong court or procedural deficiencies can lead to the expiration of statutes of limitations or the case being deemed not to have been filed.

Maritime Specialized Courts: In disputes arising from maritime trade, the competent courts are the Maritime Specialized Courts (or the Civil Commercial Courts acting in this capacity), and failure to file an appeal within the prescribed time limit after a decision of lack of jurisdiction carries the risk of losing your rights.

Istanbul Regional Court of Appeals, 43rd Civil Chamber, 01.02.2024, 2023/1652-2024/102: It has been warned that the Commercial Court must issue a decision of lack of jurisdiction in disputes of a consumer nature, and that failure to apply to the competent court will result in the case being deemed not to have been filed.

Mediation: In commercial disputes, the mediation process, which is a prerequisite for litigation, suspends the statute of limitations. However, accurately calculating the remaining time after the completion of the process is critical.Istanbul BAM 13th HD, 28.09.2023, 2023/1346-2023/1368 ).

4. Evidence Gathering and Burden of Proof

Winning a lawsuit concerning maritime claims depends on the timely and proper collection of technical evidence.

Critical Documents: Bills of lading, maritime reports, survey/expert reports, ship’s logbooks, email correspondence, and port records are essential evidence.

Lack of Proof: Istanbul 17th Commercial Court of First Instance, June 11, 2024, Case No. 2023/69-2024/269  In its decision numbered [number], the court ruled to dismiss the case because the plaintiff failed to substantiate their claims for damages and could not prove which invoice pertained to which transportation service.

Gross Negligence Exception: Istanbul 11th Commercial Court of First Instance, 18.09.2019, Case No. 2017/388-2019/625  The ruling stated that in cases where the carrier is found to be grossly negligent, a three-year statute of limitations could be applied instead of the one-year period.

5. Secondary Sources and Analogical Assessments

The following information has been compiled from secondary sources that, while not directly related to maritime claims, involve similar procedural risks:

CMR and Road Transport: In road transport (CMR), a strict one-year statute of limitations applies, and failure to prepare a damage report at the time of delivery or to notify within the specified period results in loss of rights.Bakırköy 8th ATM, 11.11.2025, 2025/693-2025/929 ).

Insurance Subrogation Protocols: It has been emphasized that correspondence based on recourse protocols between insurance companies does not always interrupt the statute of limitations arising from the transportation contract, and that claims not directed directly to the carrier do not suspend the period.Istanbul BAM 43rd HD, 21.09.2023, 2020/1468-2023/866 ).

General Trade Receivables: The fact that the amount of the debt will be determined by an expert report does not postpone the start of the statute of limitations; the period starts to run from the date of maturity or termination.Istanbul BAM 13th HD, 07.10.2021, 2021/1559-2021/1340 ).

Conclusion: In maritime claims, a short one-year statute of limitations and forfeiture periods are the rule. Incorrect determination of the maturity date, loss of time in a court without jurisdiction, or failure to submit evidence (surveys, journals, etc.) in a timely manner can result in irreparable loss of rights, with the case being dismissed without addressing the merits of the claim.

Frequently Asked Questions

Why is Expert Legal Support Necessary?

Maritime receivables are one of the riskiest areas of law in terms of deadlines. Incorrect calculation of deadlines, insufficient evidence, or filing a lawsuit in the wrong court can lead to the claim being dismissed without any examination. This is especially true for:

Correct calculation of the short one-year statute of limitations period,

Correctly determining the due date,

Filing the application in the correct court and at the right time,

The rapid collection of technical evidence such as ship logs, bills of lading, and survey reports is of vital importance.

Even a small mistake in this process can lead to irreparable loss of rights. Therefore, working with a lawyer experienced in maritime trade is critically important.

2M Law Firm, operating in the ports of Istanbul, Tuzla, Kocaeli, and Yalova and specializing in maritime law, secures your rights by managing maritime debt collection, provisional attachment, and litigation processes quickly and effectively. It is always more advantageous to work with specialized local lawyers such as Istanbul maritime trade law lawyers, Tuzla maritime law lawyers, and Gebze maritime law lawyers..