Article 8 MÖHUK – Limitation Periods with a Turkish Link
Article 8 of Turkey’s Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) decides which law governs limitation (zamanaşımı) of a claim with a foreign element. The rule is simple: limitation follows the law that governs the transaction or relationship itself. It concerns anyone with a claim that straddles Turkey and another country.
Article 8 MÖHUK – text
Unofficial translation:
Limitation
Article 8 – (1) Limitation is subject to the law applied to the substance of the legal transaction and relationship.
Turkish original:
Zamanaşımı
MADDE 8 – (1) Zamanaşımı, hukukî işlem ve ilişkinin esasına uygulanan hukuka tâbidir.
The current text on mevzuat.gov.tr carries no amendment note (as of October 2026).
Legislative reasoning
According to the reasoning of the government bill, the article reproduces Article 7 of the former Law No. 2675 without change.
Explanation
There is no separate conflict rule for limitation; it follows the relationship. First the law governing the relationship is found under the relevant MÖHUK provision. The length of the period, when it starts, and what interrupts or suspends it are then decided by that law. A case being heard in Turkey does not, by itself, mean that Turkish limitation periods apply.
In practice:
- For a contractual claim, limitation is governed by the chosen law if the parties made a choice (Article 24). Without a choice, the law of the contract is determined under Article 24(4), and limitation follows it.
- For a damages claim in tort, limitation is governed by the law applicable to the tort, which as a rule is the law of the country where the act was committed (Article 34(1)).
Where Turkish law applies, the periods of the Turkish Code of Obligations (TBK) are relevant. Unless the law provides otherwise, every claim is subject to a ten-year limitation period (TBK Article 146); for periodic payments such as rent the period is five years (TBK Article 147(1)). TBK Article 148 states that these periods cannot be changed by contract.
Practical points for people living abroad
If you live in Germany or the Netherlands and lent money to a relative in Turkey, or signed a contract with a Turkish company, whether your claim is time-barred depends first on which law governs the contract. If it is Turkish law, the TBK periods apply; if it is German or Dutch law, that country’s periods apply, and for their content you should consult a lawyer admitted there.
For a tort in Turkey, such as a traffic accident, Turkish law applies as a rule where the damage occurred in Turkey (Article 34(1) and (2)), and limitation is then assessed under Turkish law too. See Compensation law; on how foreign law is applied in Turkish courts, see Article 2 MÖHUK.
Frequently asked questions
Do Turkish limitation periods apply if I sue in Turkey?
Not always. Limitation follows the law governing the relationship (Article 8 MÖHUK). If that is a foreign law, its periods apply.
What is the general limitation period under Turkish law?
Ten years unless the law provides otherwise (TBK Article 146); five years for periodic payments such as rent (TBK Article 147(1)).
Sources
Questions about your case
If you would like to know whether a claim connected with Turkey is time-barred and which law governs it, you can book a meeting on the appointment page, online by video, by phone or in person in Düsseldorf. Written questions can be sent through the contact form. Meetings are held in Turkish and cover only Turkish law (§ 206 BRAO). Useful to have: the contract or IOU, the date the claim arose and fell due, and your correspondence with the debtor.