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What is the Turkish property law?
Property law is a field of law that governs various forms of ownership and rent in real property and personal property. Under the common law legal system, and in the civil law system, there is a division between movable property roughly corresponding to personal property, while immovable property corresponds to real estate and rights associated with it, and the obligations arising from it.
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What is the Turkish property law (inheritance):
A set of legal rules and man-made laws by which the beneficiaries of the inheritance are distinguished, according to which the amount and share of each heir are determined. The system on which our inheritance law is based, who are the heirs in this system, the responsibility of the heirs, the declaration of inheritance, the inheritance of spouses and children, dispositions related to death, will, inheritance and inheritance transactions will be covered.
Turkish property law articles
Fourth Book of the Turkish Civil Property Law (Article 683-1027), there are three parts in the Property Law Book:
1-Ownership and Limited Real Estate Rights:
The property part consists of the general provisions and sections of real property and movable property.
2-possession:
A person’s control of property becomes a “possession” if it is in the form of an actual disposition, and if it is in the form of a right, it becomes a “right in rem”.
Although the main subject of property law is rights in rem, possession and cadastre are also part of property law.
3-Land registry:
It is the document that regulates a specific property, and proves the ownership of the property for the person mentioned in the document, in which information about the property and real estate survey numbers are mentioned, and the location of the property is determined, and this document is regulated by the Land Registry Directorate.
What is the property right in the Turkish property law:
The constitution recognizes the right to property and inheritance as a sacred and absolute right. For these reasons, it is included in the constitution in the section on basic rights and duties, and in Article 35 of the 1982 constitution; “Everyone has property rights and inheritance. These rights can only be restricted by law for the purpose of public interest. The use of the right to property cannot be against the interest of society.”
Provisions regarding the right to property are regulated in Article 683 and are still ongoing of the Turkish Property Law.
The right to property is the broadest and most comprehensive real right that gives the power to use and generate income, to consume and to do all kinds of dispositions in goods.
The text of the property right in the Turkish property law:
“Article 683 of the property right in the Turkish Property Law:
The person who owns something has the power to use that thing, make use of it, and dispose of it as he pleases, within the limits of the legal system. An owner can sue those who keep his property unjustly, as well as sue the ban from any kind of unfair hands.”
“Article 684- From the right of ownership in the Turkish Property Law:
A person who owns something also owns the essential parts of that thing.”
Article 685 – From the right of ownership in the Turkish Property Law:
The owner of the thing, the owner of its products.
“Article 686- From the right of ownership in the Turkish Property Law:
Saving on something includes adding it unless otherwise stated.”
Real estate ownership in Turkey:
Ownership rights over real estate (immovable) are realized through registration in the Land Registry.
Civil Code provisions relating to the ownership of real estate;
“Article 705- Acquisition of immovable property is effected by registration”.
“Article 706- The validity of contracts intended to transfer immovable property depends on their being formally regulated.
Dispositions related to death and property regime contracts are subject to specific forms.”
“Clause 717- Ownership of real estate ends with the abandonment or complete destruction of the property.”
“Article 997- The Land Registry is kept to show the rights over immovable property.
The real estate registry consists of the real estate ownership record, the journal, and the documents and plans supplementing them.”
The text of the real estate ownership law in Turkey:
On May 28, 2014, Law No. 6502 related to consumer protection came into force, which includes new provisions on contracts to be concluded on the external sale of real estate. Article (41) of the law is as follows:
- Prepaid home sales must be registered with the Land Registry, and the promise of a contract of sale must be in the form of a notary list. Otherwise, the seller cannot later claim the invalidity of the contract at the expense of the consumer.
- Unless a valid contract is entered into, the seller cannot require the consumer to make a payment under any name or provide any document that places the consumer under debt.”
With these regulations, it is attempted to prevent buyers from losing the rights to prepaid home sales, i.e. to buy and sell homes with overseas sales contracts.
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Turkish property law
real estate ownership
The right of ownership in the Turkish property law
