Statute of Limitations in Fidelity Contract
(HGK-K.2011/189)
Assignments made through fiduciary transactions are valid and the right of ownership passes to the other party. In this respect, in the lawsuits filed due to the fiduciary transaction, the plaintiff is not based on the wrongful registration, in other words, not on the same right, but on the personal right arising from the fiduciary contract. Therefore, even if the subject of the lawsuit is immovable property, this lawsuit cannot be considered as a lawsuit protecting the real right in rem. Since the lawsuit is based on the personal right arising from the belief contract, the lawsuits based on the belief transaction should also be subject to statute of limitations. Like fiduciary transactions, the statute of limitations for these transactions is not regulated in our Law. Both in the scientific field and in practice, it is commonly accepted that the right of action for the return of the subject matter of belief, and the right of action for compensation if the subject matter of belief has been transferred to a third party and has been disposed of by the believer, is subject to the 10-year statute of limitations set forth in Article 125 of the Code of Obligations.
The statute of limitations starts to run on the date on which the receivable is due, in other words, on the date on which the thing subject to belief must be returned. If the believer, whose return date has not yet arrived, is right to keep the subject of belief, the statute of limitations cannot start.
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