Partial Lawsuits and Indeterminate Claim Lawsuits in Turkey
A partial lawsuit (kısmi dava, HMK Article 109) lets you sue for part of a divisible claim and come back for the rest. The indeterminate claim lawsuit (belirsiz alacak davası) that HMK Article 107 used to regulate was repealed by Law No. 7589 with effect from 31 July 2026, and the same law added a fourth paragraph to Article 109: in a partial lawsuit you can now raise the claim once in the same case, until the end of the evidence-taking stage (tahkikat), and limitation on the increased part is deemed interrupted from the original filing date. This guide explains how the partial lawsuit works today, what the repeal means for cases filed before 31 July 2026, and the traps a foreign creditor should avoid.
Why these two lawsuit types matter for creditors
In a money claim, a creditor must normally state how much is owed. Yet you can hold a valid claim and still be unable to fix the precise figure when you file - the loss may depend on an expert valuation, the debtor may hold the records you need, or interest and damages may still be accruing. Turkish civil procedure deals with this in the Code of Civil Procedure (Hukuk Muhakemeleri Kanunu, Law No. 6100, "HMK"), and the rules changed on 31 July 2026.
- Partial lawsuit (kısmi dava) - HMK Article 109, which since 31 July 2026 also includes a one-time increase of the claim in the same case (Article 109/4).
- Indeterminate claim lawsuit (belirsiz alacak davası) - former HMK Article 107, repealed by Law No. 7589 with effect from 31 July 2026; it still applies to lawsuits filed before that date.
Both are ordinary civil procedure tools, used in the general civil courts (asliye hukuk mahkemesi) or, for commercial disputes between merchants, the commercial courts (asliye ticaret mahkemesi). For a foreigner pursuing a debtor or counterparty in Türkiye, framing the claim correctly at the outset shapes how much of it survives, when interest starts running, and what you pay upfront. Our debt collection and enforcement team weighs this choice for every claim we file.
Which of these is your situation?
What is a partial lawsuit (kısmi dava)?
A partial lawsuit is one in which the claimant deliberately sues for only part of a receivable or right arising from a single legal relationship, and leaves the rest for later. It is governed by HMK Article 109.
Core conditions under HMK 109
- Divisible subject matter. HMK 109/1 allows only part of the claim to be sued where the subject matter is divisible by its nature. A sum of money is the classic example.
- Same legal relationship. The part sued for and the part reserved should arise from the same underlying relationship - one contract, one tort event. Most partial claims grow out of a breach-of-contract claim where the debt is known but the creditor wants to test the case or limit upfront cost.
Filing part does not waive the rest
Filing a partial lawsuit is not a waiver of the remaining portion. HMK 109/3 makes clear that suing for part does not mean you have given up the balance - unless you expressly renounce it when filing.
The 2015 and 2026 amendments
The original second paragraph of HMK 109 barred a partial lawsuit where the amount was undisputed or clearly fixed between the parties. That paragraph was repealed by Law No. 6644 (1 April 2015), so the partial lawsuit is broadly available, including for divisible money claims that are not in dispute. Law No. 7589 then added a fourth paragraph with effect from 31 July 2026.
How do you recover the rest?
Three routes get you the reserved balance:
- The one-time increase in the same case (HMK 109/4). Where only part of the claim has been sued, the claim can be increased once in the same case, until the end of the evidence-taking stage (tahkikat), without being caught by the ban on expanding the claim (iddianın genişletilmesi yasağı). Limitation on the increased part is then deemed interrupted from the original filing date.
- Amendment (ıslah, HMK Articles 176-181). The general amendment procedure remains available.
- A supplementary action (ek dava). You file a fresh, separate lawsuit for the balance.
Article 109/4 deems limitation interrupted from the filing date only for an increase made in the same case; it says nothing about a separate supplementary action, so do not assume the reserved part is protected there. Article 109/4 also does not say from when default interest runs on the increased part - check that on your file.
What happened to the indeterminate claim lawsuit (belirsiz alacak davası)?
Until 31 July 2026, HMK Article 107 allowed a claimant who could not fix the exact amount when filing to bring an indeterminate claim lawsuit (belirsiz alacak davası) and finalise the figure later. Article 19 of Law No. 7589 repealed Article 107, and the repeal entered into force on the Law's publication in the Official Gazette on 31 July 2026.
Cases filed before 31 July 2026
Provisional Article 1(10) of Law No. 7589 provides that the repealed Article 107 continues to apply to lawsuits filed before the date of repeal. If your belirsiz alacak davası was already pending on 31 July 2026, it continues under the former Article 107 - have the next procedural steps on that file checked against the rules that still govern it.
New claims from 31 July 2026
A new lawsuit can no longer be filed as a belirsiz alacak davası. Where the amount depends on an expert valuation or on records the debtor holds - an unjust enrichment claim is a typical example - the route the 2026 law provides is a partial lawsuit for a divisible part, followed by the one-time increase in the same case under HMK 109/4 before the end of tahkikat.
A worked example
Suppose a foreign company is owed for defective goods, but the exact loss depends on a court-appointed expert who has not yet valued the damage, and the company files after 31 July 2026.
- Partial lawsuit with a one-time increase. The company sues for 100,000 TL as a partial lawsuit. The expert later assesses the true loss at 450,000 TL. Before the end of the evidence-taking stage (tahkikat), the company raises its claim once, in the same case, to 450,000 TL under HMK 109/4. Limitation on the increased 350,000 TL is deemed interrupted from the original filing date.
- Separate action, by contrast. Had the company instead left the 350,000 TL balance for a separate supplementary action, Article 109/4's rule would not cover it, and the balance would be exposed to time-bar until that action is filed.
Figures here are illustrative only. When default interest runs on the increased part is not settled by Article 109/4 and should be checked on the specific file; the right way to frame the claim is a legal judgment to make before filing.
If I sue for only part of the debt, I have given up the rest.
No. HMK 109/3 makes clear that suing for part does not mean you have waived the balance, unless you expressly renounce it when filing. The real risk is time: raise the balance before it time-bars, ideally by the one-time increase in the same case under HMK 109/4.
Once I file a lawsuit, the limitation clock stops on the whole debt.
Not automatically. If you raise a partial claim once in the same case before the end of tahkikat, HMK 109/4 deems limitation on the increased part interrupted from the filing date. That rule does not extend to a separate supplementary action, so do not let the reserved part sit unclaimed.
I can still file a belirsiz alacak davası to defer the court fee.
Not for a new case: HMK Article 107 was repealed with effect from 31 July 2026. A partial lawsuit lets you pay the proportional fee on the part you sue, topped up on the additional amount when you raise the claim.
If I cannot fix the amount yet, I have to wait before suing.
Not necessarily. You can sue for a divisible part under HMK 109 and raise the claim once in the same case before the end of tahkikat (HMK 109/4). Waiting can cost you, because limitation keeps running on whatever you have not sued for.
Partial lawsuit vs the former indeterminate claim lawsuit
The practical distinction now comes down to the filing date.
| Feature | Partial lawsuit (HMK 109) | Indeterminate claim lawsuit (former HMK 107) |
|---|---|---|
| Status | In force; paragraph 4 added with effect from 31 July 2026 | Repealed with effect from 31 July 2026 (Law No. 7589, Art. 19) |
| Who can use it | Any claimant with a divisible claim | Only lawsuits filed before 31 July 2026 (Law No. 7589, Provisional Art. 1(10)) |
| Raising the claim | Once in the same case until the end of tahkikat (HMK 109/4); also ıslah (HMK 176-181) or a supplementary action | Under the former Article 107, for cases it still governs |
| Limitation on the increased part | Deemed interrupted from the filing date when raised in the same case under HMK 109/4 | Assessed under the former Article 107 on the specific file |
| Upfront court fee (nispi harç) | Calculated on the part sued, topped up when the claim is raised | Calculated on the amount stated at filing, topped up when raised |
The court fee (harç) angle
The proportional fee on a money claim (nispi karar ve ilam harcı, and the application fee) is calculated on the value you state. A partial lawsuit lets you pay upfront on the smaller part you sue, which is the most common practical reason creditors choose it. When you later raise the claim, the proportional fee is topped up on the additional amount, so the route defers part of the fee rather than avoiding it.
If you filed before 31 July 2026
A belirsiz alacak davası filed before 31 July 2026 continues under the repealed Article 107 (Law No. 7589, Provisional Art. 1(10)). For a partial lawsuit filed before that date, the transitional provision does not specifically address the new Article 109/4, so whether the one-time increase can be used on that file should be checked before you rely on it.
Choosing how to frame the claim after the 2026 change
Three questions now decide how a money claim should be framed. First, is the claim divisible by its nature, so that a part can be sued under HMK 109/1? Second, can you raise the balance in the same case before the end of tahkikat, so that HMK 109/4 deems limitation on it interrupted from the filing date? Third, how far has limitation already run on the whole claim, under the TBK periods that apply to it?
Whether a claim is divisible, and whether the part sued and the part reserved arise from the same legal relationship, is assessed on the facts of each case. The answer should be settled before the complaint is filed, because it shapes the fee you pay upfront and how much of the claim stays protected.
Practical guidance for foreigners pursuing a claim in Türkiye
If you are a foreign creditor, investor, or company chasing a debt or damages in Türkiye, the choice between these two actions affects your recovery, your costs, and whether part of your claim survives.
- Map the limitation periods first. The TBK No. 6098 sets the deadlines - broadly a ten-year general period (TBK Article 146), a five-year period for certain recurring and commercial claims (TBK Article 147), and, for tort, a relative period running from when you learn of the harm plus a long-stop, with overlap to any longer criminal-law period (TBK Article 72). Know your deadline before deciding how to file.
- Decide what you can prove now. If the figure depends on documents the debtor holds or on a court-appointed expert, you can sue for a divisible part now and raise the claim once in the same case before the end of tahkikat (HMK 109/4); the indeterminate claim lawsuit is no longer available for cases filed from 31 July 2026.
- Weigh court fee against protection. A partial lawsuit can cut your upfront fee; raise the reserved part in the same case under HMK 109/4, because a separate supplementary action does not get that provision's limitation rule. The figure you put in your claim moves the fee at all because a Turkish court fee is largely taken from the value in dispute, not from the work.
- Plan the recovery, not just the judgment. Winning is only half the job; you then have to enforce. See how the courts handle enforcing the judgment through icra under the Execution and Bankruptcy Law (İİK No. 2004), and how our team approaches enforcing a Turkish money judgment.
- Get representation early. A locally qualified lawyer can file and run the case for you - you can usually grant a power of attorney for use in Turkey from abroad, without needing to travel.
If you would like our team to assess which route fits your claim, you can reach us through the contact page.
Article 109 governs the partial lawsuit, including the one-time increase in paragraph 4; Articles 176-181 govern ıslah. Article 107 (belirsiz alacak davası) was repealed with effect from 31 July 2026.
Sets the limitation deadlines the two lawsuit types interact with: a general ten-year period, a five-year period for certain recurring and commercial claims, and, for tort, a relative period running from when you learn of the harm plus a long-stop.
Repealed HMK Article 107, added HMK Article 109/4, and keeps the repealed Article 107 applicable to lawsuits filed before 31 July 2026.
Repealed the old second paragraph of HMK 109, which had barred a partial lawsuit where the amount was undisputed or clearly fixed, making the partial lawsuit broadly available again.
Governs the enforcement (icra) stage that follows judgment, which is where a money claim is actually recovered.
Before the form is chosen, gather this
How a money claim is framed is decided in the complaint and cannot be relied on to be corrected later. It turns on facts you can assemble now.
Frequently asked questions
What is the difference between a partial lawsuit and an indeterminate claim lawsuit in Turkey?
A partial lawsuit (HMK 109) claims part of a divisible receivable; since 31 July 2026 you can raise it once in the same case until the end of tahkikat, and limitation on the increased part is deemed interrupted from the filing date (HMK 109/4). The indeterminate claim lawsuit (HMK 107) was repealed by Law No. 7589 with effect from 31 July 2026; it continues to apply only to lawsuits filed before that date.
Can I still file an indeterminate claim lawsuit (belirsiz alacak davası)?
Not for a new case. HMK Article 107 was repealed by Law No. 7589 with effect from 31 July 2026. Under Provisional Article 1(10) of that Law, the repealed Article 107 continues to apply only to lawsuits filed before that date. For a new claim whose amount you cannot yet fix, the statutory route is a partial lawsuit followed by the one-time increase under HMK 109/4.
Does filing a partial lawsuit mean I give up the rest of my claim?
No. Under HMK Article 109/3, filing a partial lawsuit does not waive the remaining portion unless you expressly renounce it when filing. Raise the balance before it time-bars: if you raise it once in the same case before the end of tahkikat under HMK 109/4, limitation on the increased part is deemed interrupted from the filing date.
How do I claim the rest of the money after a partial lawsuit?
Three routes: the one-time increase in the same case until the end of tahkikat (HMK 109/4), amendment by ıslah (HMK 176-181), or a separate supplementary action (ek dava). Only the HMK 109/4 increase comes with the statutory rule that limitation on the increased part is deemed interrupted from the original filing date.
What if I cannot fix the exact amount when I file?
From 31 July 2026 the indeterminate claim lawsuit is no longer available for new cases. You can sue for a divisible part as a partial lawsuit and, once the figure is known - for example after an expert report - raise the claim once in the same case before the end of tahkikat under HMK 109/4. Limitation on the increased part is then deemed interrupted from the filing date.
Do I have to travel to Turkey to file one of these lawsuits?
Usually not. A Turkish-qualified lawyer can file and conduct the case for you under a power of attorney, which can typically be granted abroad and used in Türkiye.
