What is an Action for Reduction? Limitation Period According to TMK 571 (2026 Guide)
The question of what a reduction action (tenkis davası) is holds great importance for those who want to protect the rights of reserved-share heirs. Article 571 of the Turkish Civil Code clearly regulates the limitation period (hak düşürücü süre) for a reduction action. Therefore, heirs must act within the specified timeframes to avoid the loss of rights.
What is a Reduction Action?
A reduction action is a lawsuit filed by reserved-share heirs against dispositions made by the decedent. If the decedent reduces an heir's reserved share through transactions such as a will or a donation, the heir may file this lawsuit.
Consequently, the heir protects their reserved share through this legal action and recovers the violated right.
What is the Limitation Period in a Reduction Action?
The limitation period in a reduction action restricts the right to file a lawsuit to a specific timeframe. Article 571 of the Turkish Civil Code explicitly sets these timeframes.
Therefore:
- If the heir misses the deadline, they lose the right to file the lawsuit.
- The judge takes the time limit into account ex officio.
- The court applies the time limit even if the parties do not raise it.
1-Year Relative Period (Knowledge Period)
The heir learns that their reserved share has been violated and which disposition caused this result. Following this, the heir must file a reduction action within 1 year.
This period begins based on the date of knowledge. Therefore, the heir should carefully track the process.
10-Year Absolute Period
The law also sets a definitive maximum period. This period applies in all cases:
- For mortis causa dispositions, the heir must file the lawsuit within 10 years after the disposition is opened.
- For inter vivos transfers, the heir must file the lawsuit within 10 years from the date of the transfer.
Therefore, the heir cannot exceed this period under any circumstances.
What Does a Limitation Period Mean?
A limitation period (hak düşürücü süre) yields different results than a statute of limitations (zamanaşımı). Therefore, the heir should note the following:
- Once the period expires, the right is completely extinguished.
- The period cannot be interrupted.
- The period does not pause.
- The judge considers the period directly.
These characteristics demonstrate the definitive and binding nature of the period.
Why are the Timeframes Critically Important?
First, the heir must calculate the timeframes correctly to prevent the loss of rights. Furthermore, the heir must exercise their right to sue in a timely manner. Besides that, missing these deadlines leads to irreversible consequences.
Therefore, the heir should seek legal support and manage the process carefully.
Conclusion
A clear answer to the question of what a reduction action is and how the limitation period works:
If a heir's reserved share is violated, they may file a reduction action and must comply with the 1-year and 10-year time limits set under Article 571 of the Turkish Civil Code. Otherwise, they lose the right to sue entirely.
Frequently Asked Questions
1 year and 10 years
The right to sue is lost
No
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