Introduction

Official Gazette 30361 was published and entered into force on 15 March 2018. It included lots of crucial amendments which has a really high effect on the Enforcement and Bankruptcy Law and Other Laws. The amendments law did not affect only Enforcement and Bankruptcy Law but also the Turkish Commercial Code Law numbered 6102[1](the “TCC”). The most significant amendment introduced to the Turkish Commercial Code is:

  • As per the new rules, simplified legal proceedings will apply to commercial disputes with a value not exceeding TRY100,000.

Amendment

The effect of the amendment law on the TCC will lead to major changes in terms of the Turkish legal procedure. The written legal procedure was applied to all commercial disputes before the amendment law without any exceptions. After the new regulations, if the commercial disputes the value of which do not exceed TRY 100,000 (approximately 15,000 Euro), the simplified legal proceedings will apply for the purpose of quickness and effectiveness of the litigation process.

Main Differences Between Simplified and Written Legal Procedure 

There are two types of legal procedure which are the written and simplified in civil proceedings under Turkish Law. Although the written procedure is the main type, the simplified procedure has a significant role on Turkish Civil proceedings. The main difference between the two types of legal procedure is the number of the petitions’ submission. In other words, there are two rounds of written submission in the written procedure such as pleading, response and rebuttal, rejoinder. However, as the name implies, the simplified procedure is simpler and faster. Since the parties can file only pleading and response petitions in the simplified procedure this rule provides quickness and effectiveness of the litigation process. Other difference between the two types of procedure that are not as important as explained above is:

  • The evidence or information about evidence that is not in their possession must be submitted within the exchange of petitions period.

Differences of the written and simplified procedure in civil proceedings under Turkish law make a difference in terms of the time of submitting evidence. For instance, if the simplified procedure will be applied to any dispute, evidence or information about the evidence must be submitted with the pleading or response petitions.

Overall, there is no doubt that the amendment law enhances the quality and speed of the judicial system of Turkey to provide a good environment for investors.

[1]Law no. 7101 Amending the Law on Insolvency and Bankruptcy and Other Laws (the “Amending Laws”).