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Law No. 7589 on Amendments to Certain Laws for the Effective and Efficient Functioning of the Judiciary (the “Law”), published in the Official Gazette dated 31 July 2026 and numbered 33326, introduced significant amendments concerning the electronic transmission of notarial documents, the method for determining the statutory interest rate, sales of assets belonging to persons under guardianship, and compensation for bodily injury and loss of support.
The Law amended the Notary Public Law No. 1512 (the “Notary Public Law”), Law No. 3095 on Statutory Interest and Default Interest (“Law No. 3095”), the Turkish Civil Code No. 4721 (the “TCC”) and the Turkish Code of Obligations No. 6098 (the “TCO”). Although no provision of the Turkish Commercial Code No. 6102 (the “TCC”) was directly amended, the new method for calculating statutory interest will also apply where interest is payable under the TCC.
The principal amendments, together with their potential practical implications, are summarised below.
Electronic Transmission of Certified Copies of Notarial Documents Becomes the General Rule
Article 55 of the Notary Public Law has been revised to update the procedure governing the examination of notarial documents and records by courts, criminal judgeships of peace, chief public prosecutors’ offices, public authorities and persons authorised to conduct inspections at notary offices.
Where the original of a notarial document is requested by a court, a criminal judgeship of peace or a chief public prosecutor’s office, the notary will prepare and certify a copy, retain that certified copy in place of the original and send the original document to the requesting authority.
Where a certified copy of a notarial document is requested, the notary will scan the original document electronically, sign it with a secure electronic signature and transmit the certified copy to the relevant authority electronically. If electronic transmission is not available, the certified copy may be sent in physical form.
No journal number will be assigned for these procedures, and no fee, tax, valuable paper charge or other payment will be collected, other than postage and the travel expenses prescribed by applicable legislation. The amendment is intended to enable judicial and administrative authorities to access notarial documents more quickly and to reduce the circulation of physical documents.
Statutory Interest Rate Linked to the CBRT Rediscount Rate
Article 1 of Law No. 3095 has been amended to introduce a new method for determining the statutory interest rate applicable where interest is payable under the TCO or the TCCo but the applicable rate has not been agreed in the contract.
Accordingly, statutory interest will be calculated annually at 80% of the rediscount rate applied by the Central Bank of the Republic of Türkiye (the “CBRT”) to short-term credit transactions as of 31 December of the preceding year. If the rediscount rate applicable on 30 June differs by five percentage points or more from the rate applicable on 31 December of the preceding year, 80% of the rediscount rate determined on 30 June will apply during the second half of the year.
This mechanism is intended to align the statutory interest rate more regularly with changes in economic conditions and market interest rates. Where the parties have not agreed an interest rate, statutory interest will therefore no longer be determined by reference to a fixed rate, but by changes in the CBRT rediscount rate.
Sales of Assets Belonging to Persons Under Guardianship to Be Conducted through an Electronic Portal Integrated with UYAP
The amendment to Article 440 of the TCC provides that auctions for the sale of movable and immovable assets belonging to persons under guardianship will be conducted through an electronic sales portal integrated with the National Judiciary Informatics System (“UYAP”).
Under the amendment to Article 444 of the TCC, the sale will be conducted by auction through the electronic sales portal integrated with UYAP and will be completed upon approval by the guardianship authority. The guardianship authority must issue its approval decision within ten days of the auction date.
The amendment aligns the sales process with the electronic sales infrastructure while preserving the supervisory role of the guardianship authority. Use of the electronic portal is expected to broaden access to auctions, improve the traceability of bidding processes and enhance transparency in the conduct of sales.
Different Commencement Dates for Interest on Compensation for Bodily Injury and Loss of Support
A new provision added to Article 55 of the TCO determines separate commencement dates for interest on different portions of compensation awarded for loss or reduction of working capacity and loss of support.
Statutory interest will accrue from the date of the tortious act or other event giving rise to the loss on the total compensation calculated for the period during which the income of the injured person or the deceased supporter is known. Statutory interest on the total compensation calculated for the period during which such income cannot be determined will accrue from the date of the judgment.
The new rule differentiates, for the purposes of the commencement of interest, between losses relating to a known past period and losses relating to a future period or a period for which income cannot be determined. This distinction is expected to have a direct effect on the total amount of compensation awarded in disputes arising from occupational accidents, traffic accidents, occupational diseases and other tortious acts resulting in death or bodily injury.
Proportional Set-Off Method Introduced for Payments Made Before the Commencement of the Evidentiary Stage
Under another provision added to Article 55 of the TCO, payments made for the purpose of satisfying compensation claims for loss of working capacity or loss of support before the commencement of the evidentiary stage will be set off proportionally against the compensation amount determined as of the payment date.
Accordingly, rather than deducting an early payment directly from the nominal compensation amount determined at the date of judgment, the proportion represented by that payment within the compensation amount as of the payment date will be taken into account. The amendment is intended to prevent economic changes between the payment date and the judgment date from eroding the real value of an early payment.
Transitional Provision for the Amendment to the Turkish Code of Obligations
Pursuant to the ninth paragraph of Provisional Article 1 of the Law, the amendments to Article 55 of the TCO will apply only to tortious acts or other events giving rise to loss that occur after the amendments enter into force.
The previous provisions will continue to apply to tortious acts and events giving rise to loss that occurred before the effective date of the amendments. Accordingly, the applicable compensation regime will be determined by reference to the date of the tortious act or other event giving rise to the loss, rather than the date on which the action was filed.
Entry into Force and Implementation
Articles 11 and 12 of the Law, which amend the TCC in relation to the electronic sales portal integrated with UYAP, will enter into force three months after the publication of the Law, on 31 October 2026.
Article 2 amending Article 55 of the Notary Public Law, Article 10 amending Article 1 of Law No. 3095, Article 18 adding new paragraphs to Article 55 of the TCO, and the related transitional provision entered into force on 31 July 2026, the date of publication of the Law.
The provisions of the Law will be implemented by the President of the Republic of Türkiye.
Assessment and Conclusion
Taken together, the amendments expand the use of electronic document circulation in judicial and notarial procedures, align private-law sales processes with the UYAP infrastructure and establish a statutory interest mechanism that is more responsive to economic conditions.
The amendments to the TCO revise both the commencement date of interest and the method for setting off pre-trial payments in claims for bodily injury and loss of support. These provisions are expected to have a significant effect on compensation calculations, particularly in disputes involving insurance, employer liability, traffic accidents and other tortious acts.
Given the new dynamic statutory interest rate applicable where no contractual interest rate has been agreed, and the transitional regime determined by the date of the tortious act, existing and future disputes should be assessed separately by reference to the relevant dates and the structure of any payments made.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
