Mandatory Mediation in Cases Concerning the Liquidation of General Partnerships

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Keywords:

Mediation, Mandatory Mediation, Commercial Dispute, General Partnership, Liquidation

Abstract

Article 5/A of the Turkish Commercial Code No. 6102 requires mandatory mediation before filing lawsuits in commercial disputes involving monetary claims. This rule applies to general partnerships operating a commercial enterprise where partners are considered traders. During liquidation, disputes between partners may also fall under mandatory mediation if they concern monetary issues. According to Article 644/4, partners may apply to the court for disputes regarding liquidation procedures or distribution shares. However, disputes limited to monetary claims that do not affect the rights of third-party creditors are generally subject to mandatory mediation before litigation.

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Published

2026-10-26

How to Cite

Arslan, F. (2026). Mandatory Mediation in Cases Concerning the Liquidation of General Partnerships. Journal of Ibn Haldun Studies, 11(2), 17–34. Retrieved from https://journal.ihu.edu.tr/index.php/ihu1/article/view/281

Issue

Vol. 11 No. 2 (2026): Special Issue of the Future of Mediation III Symposium

Section

Articles

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Copyright (c) 2026 Firdevs Arslan

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