Turkish Civil Code

B. Scope of legal relations
I. Acting honestly
Article 2 – Everyone must comply with the rules of honesty when exercising their rights and fulfilling their obligations.
The legal order does not protect the clear abuse of a right.

II. Goodwill
Article 3 – In cases where the law attaches a legal consequence to good faith, the existence of good faith is of the essence.
However, no one can claim good faith if he does not show the care expected of him according to the requirements of the situation.
III. Discretionary power of the judge
Article 4 – In matters for which the law grants discretionary power or orders the judge to take into account the requirements of the situation or justifiable reasons, the judge decides in accordance with law and equity.

C. General provisions
Article 5 – The general provisions of this Law and the Code of Obligations shall apply to all private law relationships to the extent appropriate.

D. Rules of proof
I. Burden of proof
Article 6 – Unless otherwise provided by law, each party is obliged to prove the existence of the facts on which it bases its right.

II. Proof with official documents
Article 7 – Official records and bills constitute evidence of the accuracy of the facts they document.
Proving that their content is incorrect is not dependent on any form unless there is another provision in the law.

FIRST BOOK PERSONAL LAW

PART ONE REAL PEOPLE

CHAPTER ONE PERSONALITY
A. In general
I. Legal capacity
Article 8 – Every person has legal capacity.
Accordingly, all people are equal in their capacity for rights and obligations within the boundaries of the legal order.

II. Capacity to act
1. Scope
Article 9 – A person with legal capacity may acquire rights and incur obligations through his own actions.

2. Conditions
a. In general
Article 10 – Every adult who has the power of discernment and is not restricted has the capacity to act.

b. Adolescence
Article 11 – Adulthood begins upon reaching the age of eighteen.
Marriage makes a person an adult.

c. Adulthood
Article 12 – A minor who has reached the age of fifteen may be rendered an adult by the court with his/her own request and the consent of his/her guardian.

d. Discernment power
Article 13 – Everyone who is not deprived of the ability to act rationally because of his youth, mental illness, mental weakness, intoxication or any of the similar reasons has the power of discernment according to this Law.

III. Incapacity to act
1. In general
Article 14 – Those who lack the power of discernment, minors and disabled persons do not have legal capacity.

2. Lack of discernment
Article 15 – Except for the exceptional cases specified in the law, the actions of a person who lacks the power of discernment do not produce legal consequences.

3. Minors and those with limited discernment
Article 16- Minors and disabled persons with the power of discretion cannot incur debts through their own transactions without the consent of their legal representatives. This consent is not necessary for free gain and for exercising rights strictly related to the person.
Minors and those with limited discretion are liable for their torts.

IV. Kinship
1. Blood relationship
Article 17- The degree of blood kinship is determined by the number of births that connect relatives.
There is ascendant-descendant kinship between people who are descended from each other; collateral kinship exists between people who are not descended from each other but come from a common root.

2. Kinship by in-laws
Article 18- The blood relatives of one spouse and the other spouse are considered as in-laws of the same kind and degree.
Kinship by in-laws does not cease to exist with the dissolution of the marriage that created it.

V. Place of residence
1. Definition
Article 19- Domicile is the place where a person resides with the intention of staying permanently.
A person cannot have more than one place of residence at the same time.
This rule does not apply to commercial and industrial establishments.

2. Change of place of residence and residence
Article 20- Changing a place of residence depends on obtaining a new one.
The current place of residence of a person whose previous place of residence is unknown or who has not yet acquired a place of residence in Türkiye despite leaving his place of residence in a foreign country is considered his place of residence.

3. Legal place of residence
Article 21 – The place of residence of a child under guardianship is the place of residence of his/her parents or, if the parents do not have a common place of residence, the place of residence of the mother or father to whom the child was left. In other cases, the place of residence of the child is considered his/her place of residence.
The place of residence of persons under guardianship is the place where the guardianship authority to which they are affiliated is located.

4. Presence in institutions
Article 22 – Staying in a place to continue studying at an educational institution or being placed in an educational, health, care or penal institution does not result in obtaining a new place of residence.

B. Protection of personality
I. Against abandonment and excessive restriction
Article 23- No one can waive, even partially, his rights and legal capacity.
No one may give up their freedom or have it restricted unlawfully or immorally.
It is possible to take, inoculate and transfer biological materials of human origin upon written consent. However, the person who has undertaken the obligation to provide biological material cannot be asked to fulfill his/her obligation; material and moral compensation cannot be claimed.

II. Against the attack
Principle 1
Article 24 – A person whose personal rights have been unlawfully attacked may request protection from the judge against the attackers.
Any attack on personal rights is unlawful unless it is justified by the consent of the person whose personal rights are violated, by a superior private or public interest, or by the use of authority granted by law.

2. Cases
Article 25 – The plaintiff may request the judge to prevent the risk of attack, to put an end to the ongoing attack, and to determine the unlawfulness of the attack, the effects of which continue even if it has ended.
The plaintiff may also request that the correction or decision be notified to third parties or published.
The plaintiff reserves the right to demand material and moral compensation and to request that the profits obtained as a result of the unlawful attack be paid to him in accordance with the provisions on acting without power of attorney.
The claim for moral compensation cannot be transferred unless accepted by the other party; it cannot be passed on to the heirs unless put forward by the testator.
The plaintiff may file a lawsuit for the protection of his personal rights in the court of his own place of residence or in the court of the defendant’s place of residence.

III. Right to the name
1. Protection of the name
Article 26 – A person whose name is in dispute may sue for the determination of his right.
The person whose name is being used unfairly may demand that this be stopped; if the person using it unfairly is at fault, he/she may also demand that his/her material damages be compensated and, if the nature of the injustice he/she suffered requires, that non-pecuniary damages be paid.

2. Change of name
Article 27 – Changing the name can only be requested from the judge based on justified reasons.
(Amended second paragraph: 14/11/2024-7532/12 art.) The name change is recorded in the population registry and announced on the Press Advertisement Institution’s announcement portal. This announcement includes the court that gave the decision, the date the decision was given, the file’s main and decision number, and the place where the person whose name was decided to be changed is registered in the population registry, date of birth, mother and father’s name, previous name and surname, and the new name and surname given by the court decision.
Changing the name does not change personal status.
The person who is harmed by the change of name may file a lawsuit to have the change decision annulled within one year, starting from the day he/she learns about it.

C. The beginning and end of personality
I. Birth and death
Article 28 – Personality begins at the moment the child is born fully alive and ends with death.
A child acquires legal capacity from the moment he or she is conceived, provided that he or she is born alive.

II. Proof of life and death
1. Burden of proof
Article 29 – Anyone who claims that a person is alive or dead, or that he was alive at a certain time or at the time of another person’s death, in order to exercise a right, must prove his claim.
If it cannot be proven which of two or more people died first or last, they are all considered to have died at the same time.

2. Proof tools
a. In general
Article 30 – Birth and death are proven through records in the population registry.
If there is no record in the population registry or if the record found is found to be incorrect, the true situation can be proven with any kind of evidence.

b. Presumption of death
Article 31 – If a person disappears in circumstances that require his death to be considered certain, he is considered truly dead even if his body is not found.

III. Decision of absence
1. In general
Article 32 – If there is a strong probability that a person who is missing in mortal danger or has not been heard from for a long time will die, the court may declare the person missing upon the application of those whose rights depend on this death.
The competent court is the court of the person’s last place of residence in Türkiye; if he has never settled in Türkiye, the place where he is registered in the population registry; if there is no such record, the court of the place where his mother or father is registered.

2. Procedure of trial
Article 33- In order to request a decision of absence, at least one year must have passed since the danger of death or at least five years must have passed since the last news date.
The court calls upon those who have information about the person to be declared missing to provide information within a certain period of time, through a procedural announcement.
This period is at least six months starting from the day the first announcement was made.

3. Decline of demand
Article 34 – If the person to be declared missing appears before the expiration of the period of declaration, or if news is received from him, or if the date of his death is determined, the request for his disappearance is void.

4. Provision
Article 35 – If no result is obtained from the announcement, the court decides on the absence and the rights related to death are used as if the death of the absent person was proven.
The decision of absence becomes effective as of the day the danger of death occurs or the last news is received.

CHAPTER TWO
PERSONAL STATUS RECORD
A. In general
I. Registry
Article 36 – Personal status is determined by the official register kept for this purpose.
The principles regarding the keeping of this registry and the making of mandatory notifications are set out in the relevant law.

II. Officers
Article 37 – Personal status records are kept by civil servants appointed by the State. It is the duty of these civil servants to keep records and provide copies.
Representatives of Türkiye in foreign countries may be given the authority to act as civil registry officers with the approval of the Presidency.

III. Responsibility
Article 38 – Damages arising from the keeping of the personal status register shall be compensated by the State, provided that recourse is made to the offending official.
Compensation and recourse lawsuits are filed in the court where the personal status registry is kept.

IV. Correction
1. In general
Article 39 – No correction can be made to any record in the personal status register unless there is a court decision.

2. In gender change
Article 40- A person who wants to change their gender can apply in person and request that the court grant permission for gender change. However, in order for permission to be granted, the applicant must be over eighteen years of age and unmarried; and must be transsexual and find gender change necessary for mental health reasons (…) It must be documented with an official health board report from a training and research hospital.
If an official health board report confirms that a gender reassignment surgery has been performed in accordance with the purpose and medical methods, depending on the permission given, the court decides to make the necessary corrections in the population registry.

B. Birth registry
I. Notification
Article 41 – Notifications regarding births and procedures regarding children whose identities are found unknown are carried out in accordance with the relevant provisions of the law.

II. Changes in the birth registry
Article 42 – Changes in personal status, especially the recognition of a child born out of wedlock or a judge’s decision on paternity, correction of lineage, adoption or determination of lineage of a child found, are recorded in the register in accordance with the provisions of the relevant law.

C. Death register
I. Notification of death
Article 43 – Notifications regarding deaths are made in accordance with the relevant provisions of the law.

II. The person whose body was not found
Article 44 – If a person disappears in circumstances that require his death to be considered certain, even if his body is not found, his death is recorded in the register by order of the highest civil administrator of that place.
However, any interested party may file a lawsuit to have the court determine whether the person is dead or alive.
III. Decision of absence
Article 45 – The decision of absence is recorded in the death register upon the notification of the judge.

IV. Recording of changes
Article 46 – Changes that are necessary due to the determination that a notification that forms the basis of the registration is not correct, or the identification of a body whose identity is unknown, or the lifting of the decision of absence, are made by writing them in the comments column of the relevant person’s record in the registry.

PART TWO
LEGAL ENTITIES

CHAPTER ONE
GENERAL PROVISIONS
A. Legal entity
Article 47 – Groups of persons organized to have an independent existence and independent groups of goods dedicated to a specific purpose acquire legal personality in accordance with special provisions concerning them.
Groups of people and property whose purpose is against the law or morality cannot acquire legal personality.

B. Legal capacity
Article 48 – Legal entities are entitled to all rights and obligations except those that are related to human characteristics such as gender, age, kinship, etc.

C. Capacity to act
Condition I
Article 49 – Legal entities acquire the capacity to act by possessing the necessary organs in accordance with the law and their establishment documents.

II. Usage
Article 50 – The will of a legal entity is expressed through its organs.
Organs put the legal entity under debt with their legal transactions and all their other actions.
Bodies are also personally responsible for their defects.

D. Place of residence
Article 51 – The place of residence of a legal entity is the place where its business is managed, unless otherwise provided in the establishment document.
E. Termination of personality
I. Limited continuation
Article 52 – The personality of the terminated legal entity continues during the liquidation, with its capacity being limited to the purpose of liquidation.

II. Liquidation of assets
Article 53 – The liquidation of the assets of a legal person shall be carried out in accordance with the provisions regarding the official liquidation of the estate, unless otherwise provided in the law or in the establishment document.

III. Allocation of assets
Article 54 – Unless there is another provision in the law or the establishment document or unless the authorized body decides otherwise, the assets of the legal person shall pass to the public institution or organization that pursues the closest purpose.
This asset is used for the purpose for which it was previously allocated, to the extent possible.
The assets of a legal entity whose personality is terminated by a court decision due to its illegal or immoral purpose shall in any case be transferred to the relevant public institution.

F. Reserved provisions
Article 55 – The provisions of the law regarding public legal entities and commercial companies are reserved.

CHAPTER TWO
ASSOCIATIONS
A. Establishment
I. Definition
Article 56 – Associations are groups of people with legal personality, formed by at least seven individuals, real or legal, who continuously combine their knowledge and work in order to achieve a specific and common purpose other than profit sharing.
An association cannot be established for purposes contrary to law or morality.

II. Right to establish associations
Article 57- Everyone has the right to establish an association without prior permission.
The founders of the association must have legal capacity.

III. Regulation
Article 58- Every association has a statute.
The association’s statute must indicate the association’s name, purpose, (…) sources of income, membership conditions, organs and organization, and temporary board of directors.
The association’s charter cannot be contrary to the mandatory provisions of the law.
The provisions of the law apply to matters not regulated in the association’s charter.

IV. Acquisition of legal personality
1. Winning moment
Article 59 – Associations gain legal personality when they submit the notification of establishment, the association statute and the necessary documents to the highest civil administrator of the place where their settlement is located.
The content of the establishment notification and the required documents are specified in the regulation.

2. Review
Article 60 – The establishment notification, the accuracy of the documents and the association statute are examined on file by the highest civil administrator within sixty days.
If any irregularities or deficiencies are detected in the establishment notification, the statute and the legal status of the founders, the founders are immediately requested to remedy or complete them. If the specified deficiencies are not completed and the irregularities are not remedied within thirty days from the notification of this request; the highest civil administrator shall notify the public prosecutor’s office so that the association may file a lawsuit for dissolution in the authorized civil court of first instance. The public prosecutor may also request the court to decide to suspend the association’s activities.
If there is no irregularity or deficiency in the establishment notification, statute and documents, or if such irregularity or deficiency is remedied within a certain period of time, the situation is immediately notified to the association in writing and the association is registered in the registry of associations.

3. Announcement of the association’s articles of association
Article 61- (Repealed: 4/11/2004-5253/38 art.)

4. First general assembly meeting
Article 62- (Amended: 4/11/2004-5253/38 art.)
Associations are obliged to hold their first general assembly meeting and establish their mandatory organs within six months following the written notification made in accordance with the last paragraph of Article 60.
B. Membership
I. Acquisition
Rule 1
Article 63- No one can be forced to become a member of an association or to accept members from any association.

2. Conditions
Article 64 – Every natural person and legal entity with legal capacity has the right to become a member of associations.
Membership applications made in writing will be decided by the (…) association board of directors within thirty days at most and the result will be notified to the applicant in writing. The member whose application is accepted will be recorded in the book to be kept for this purpose.

II. End of
1. Spontaneous
Article 65 – The association membership of those who subsequently lose the qualifications sought for membership in the law or by-laws shall automatically terminate.

2. With the exit
Article 66- No one can be forced to remain a member of the association. Every member (…) has the right to withdraw from the association, provided that he/she notifies in writing.

3. By removal
Article 67 – Reasons for the expulsion of members may be stated in the statute.
If the reasons for expulsion are stated in the statute, the expulsion decision cannot be objected to on the grounds that these reasons cannot be considered justified.
If expulsion is not regulated in the statute, a member can only be expelled for a just cause. This expulsion decision can be appealed on the grounds that there is no just cause.

III. Scope
1. Members’ rights
a. Principle of equality
Article 68- Members of the association have equal rights. The association cannot discriminate among its members based on language, race, color, gender, religion and sect, family, group or class; it cannot engage in practices that undermine equality or grant privileges to some members for these reasons.
Every member has the right to participate in the activities and management of the association.
A member who leaves or is expelled from the association cannot claim rights over the association’s assets.

b. Right to vote
Article 69- Each member has one vote in the general assembly; the member must vote in person.
Honorary members do not have the right to vote.

2. Obligations of members
a. Obligation to pay the payment
Article 70- Members’ obligation to pay dues is regulated by the statute. If there is no regulation in the statute, members equally contribute to the mandatory dues for the realization of the association’s purpose and the payment of its debts. A member who leaves or is expelled from the association must pay the dues for the period during which he/she was a member.
Honorary members are not required to pay dues.

b. Other liabilities
Article 71- Members are obliged to comply with the association order and show loyalty to the association.
Every member is obliged to act in accordance with the purpose of the association, and in particular to avoid any behavior that makes it difficult or prevents the realization of the purpose.

C. Organs
I. In general
Article 72- The mandatory organs of the association are the general assembly, the board of directors and the audit board.
Associations may establish other bodies other than their mandatory bodies. However, the duties, powers and responsibilities of the mandatory bodies cannot be transferred to these bodies.

II. General Assembly
1. Nature and formation
Article 73- The general assembly is the most authoritative decision-making body of the association and consists of members registered with the association.

2.Collection
a. Ordinary meeting
Article 74 – The general assembly meets upon the call of the board of directors at the time specified in the statute.
(Amended second paragraph: 4/11/2004-5253/38 art.) Ordinary general assembly meetings must be held at least once every three years.

b. Extraordinary meeting
Article 75 – The general assembly is called to an extraordinary meeting by the board of directors in cases deemed necessary by the board of directors or the audit board, or upon the written application of one fifth of the association members.
If the board of directors does not call the general assembly to a meeting, upon the application of one of the members, the judge of peace appoints three members to call the general assembly to a meeting.

c. Decisions taken without a meeting or invitation
Article 76 – Decisions taken with the written participation of all members without coming together and decisions taken by all members of the association without complying with the call procedure written in the law are valid.
Making a decision in this way does not replace an ordinary meeting.

3. Call to the meeting
Article 77- The general assembly is called to a meeting by the board of directors at least fifteen days in advance. For this purpose, the day, time, place and agenda of the meeting are notified to the (…) members (…)8.
Matters regarding the procedure for calling a meeting and the postponement of the meeting are regulated by the regulations.

4. Meeting place and quorum
Article 78 – General assembly meetings are held at the place where the headquarters of the association is located, unless otherwise provided in the statute.
The general assembly meets with the participation of a simple majority of the members who have the right to attend, or two-thirds in the event of a change in the statute or the dissolution of the association; if the meeting is postponed due to lack of a majority, a majority is not required for the second meeting. However, the number of members attending this meeting cannot be less than twice the total number of members of the board of directors and audit boards.
The general assembly meeting cannot be postponed more than once.

5. Meeting procedure
Article 79- After the opening of the general assembly meeting, a president and a sufficient number of vice presidents and secretaries are elected to manage the meeting.
Only the items on the agenda are discussed at the general assembly meeting. However, it is mandatory to include on the agenda the issues requested in writing to be discussed by at least one tenth of the members present at the meeting.
(Repealed third paragraph: 4/11/2004-5253/38 art.)

6. Duties and powers of the general assembly
Article 80 – The general assembly makes the final decision on admission to and expulsion from membership; elects the organs of the association and carries out the work not assigned to another organ of the association.
The general assembly supervises the other organs of the association and can dismiss them at any time for justified reasons.

7. General assembly decisions
a. Quorum for decision
Article 81- General assembly decisions are taken by the absolute majority of the members attending the meeting. However, decisions to change the statute and to dissolve the association can only be taken by a two-thirds majority of the members attending the meeting.

b. Deprivation of the right to vote
Article 82 – No association member can vote in decisions to be taken regarding a legal transaction or dispute between the association and himself, his spouse, his ascendants or descendants.
(Additional paragraph: 30/7/2003-4963/34 art.) The provision of the above paragraph shall also apply to the person who will vote on behalf of the legal entity.

c. Cancellation of the decision
Article 83 – Any member present at the meeting who does not agree with the general assembly decisions taken in violation of the law or the statute may, within one month from the date of the decision; any member who was not present at the meeting may, within one month from learning about the decision and in any case, within three months from the date of the decision, apply to the court to request the annulment of the decision.
An annulment lawsuit cannot be filed against the decisions of other bodies unless internal auditing methods are exhausted.
Situations where the general assembly decisions are deemed null and void or absolutely null and void are reserved.

III. Board of directors
1. Formation
Article 84 – The board of directors consists of the number of members specified in the association’s charter, not less than five principal and five substitute members.
If the number of board members falls below half of the total number of members due to vacancies, the general assembly is called to a meeting within one month by the remaining board members or the audit board. If no call is made, upon the request of one of the members, the justice of the peace assigns three members to call the general assembly to a meeting.

2. Duties
Article 85- The board of directors is the executive and representative body of the association; it fulfills this duty in accordance with the law and the association’s statute.
The duty of representation may be assigned by the board of directors to one of the members or to a third party.

IV. Board of Auditors
Article 86 – The audit board consists of the number of members specified in the association’s charter, not less than three main and three substitute members.
The auditing board carries out its auditing duty in accordance with the principles and procedures specified in the association’s charter; it presents the auditing results to the board of directors and the general assembly in a report.

D. Termination
I. Spontaneous
Article 87- Associations automatically terminate in the following cases:
1. The realization of the purpose, its realization becoming impossible or the expiration of the period,
2. The first general assembly meeting has not been held within the time period specified in the law and the necessary bodies have not been established,
3. Inability to pay debts,
4. It becomes impossible to form a board of directors in accordance with the statute,
5. The ordinary general assembly meeting cannot be held twice in a row.
Any interested party may request the magistrate to determine that the association has automatically dissolved.

II. By the decision of the general assembly
Article 88- The general assembly may decide to dissolve the association at any time.

III. By court decision
Article 89- If the purpose of the association becomes contrary to law or morality, the court decides to dissolve the association upon the request of the public prosecutor or a relevant person. The court takes all necessary measures, including preventing the association from operating during the trial.

E. Activities of associations
I. In general
Article 90 – Associations operate in line with the subjects and forms of work specified in their statutes in order to achieve their objectives.
The provisions of special public law laws regarding prohibited or licensed activities are reserved.
In case of violation of prohibitions and restrictions regarding the activities of the association, the court may decide to prevent the activity upon the request of the public prosecutor.

II. International activity
1. Freedom of activity
Article 91- (Amended: 2/1/2003-4778/34 art.)
Associations may engage in international activities and cooperation in order to achieve the objectives set forth in their statutes, may open branches abroad, and may participate as members in associations or organizations established abroad.

2. Foreign associations
Article 92- (Amended: 2/1/2003-4778/35 art.)
Foreign associations, (…) may operate and cooperate in Turkey, open branches, establish umbrella organizations and participate in established umbrella organizations with the permission of the Ministry of Internal Affairs, after receiving the opinion of the Ministry of Foreign Affairs.

III. The right of foreigners to establish associations
Article 93- Foreign real persons who have the right to settle in Turkey, (…) They can establish associations or become members of established associations.
This condition is not required for honorary membership.

F. Organization of associations
I. Opening of branches
1. Establishment
Article 94 – Associations may open branches in places deemed necessary by the decision of the general assembly. For this purpose, the board of founders of at least three people authorized by the association’s board of directors shall submit the branch establishment notification and necessary documents to the highest civil administrator of the place where the branch will be opened.
(Repealed second paragraph: 30/7/2003-4963/35 art.)
The content of the branch establishment notification and the required documents are shown in the regulation.

2. Branch organs and applicable provisions
Article 95- It is mandatory for each branch to have a general assembly, a board of directors, and an audit board or auditors.
The provisions of this Law shall apply to the duties and powers of these bodies and other matters related to the branches.

II. Establishment of higher organizations
1. Federation
Article 96 – Federations are established by at least five associations with the same founding purpose coming together as members to achieve their goals.
Every federation has a constitution.
The Federation gains legal personality by submitting the establishment notification, statute and necessary documents to the highest civil administrator of the place of residence.

2. Confederation
Article 97 – Confederations are established by at least three federations with the same founding purpose coming together as members to achieve their goals.
Each confederation has its own statute.
The confederation gains legal personality by submitting the notification of establishment, the articles of association and the necessary documents to the highest civil administrator of the place of residence.

3. Common provisions
Article 98 – Associations are represented in the general assembly of the federation to which they are affiliated, and federations are represented in the general assembly of the confederation to which they are affiliated, by at least three members. Representative members are elected by the general assemblies of the relevant associations and federations.
The provisions of this Law shall apply to other matters concerning federations and confederations.

G. Association income
Article 99 – Association income consists of membership dues, income obtained as a result of association activities or from association assets, and donations and aid.

H. Reserved provisions
Article 100 – Special provisions regarding public benefit associations and associations established under special laws are reserved.

CHAPTER THREE
FOUNDATIONS
A. Establishment
I. Definition
Article 101- Foundations are property groups with legal personality, formed by real or legal persons allocating sufficient property and rights to a specific and permanent purpose.
The entirety of an asset or any income or economic value that has been realized or is expected to be realized can be donated.
(Third paragraph annulled: by the Constitutional Court’s decision dated 17/4/2008 and numbered E.: 2005/14, K.: 2008/92.)
No foundation can be established for purposes that are contrary to the characteristics of the Republic determined by the Constitution, the fundamental principles of the Constitution, law, morality, national unity and national interests, or to support members of a certain race or community.

II. Form of establishment
Article 102- The will to establish a foundation is declared by an official deed or by a testamentary disposition. The foundation gains legal personality by being registered in the registry kept by the court of the place of residence.
Establishing a foundation with an official deed through a representative is subject to the authority to represent being given by a document issued by a notary public and the purpose of the foundation and the property and rights to be allocated being specified in this document.
Application to the court is made by the founder if an official deed has been issued; if the foundation is based on testamentary disposition, upon notification by the relevant parties or the justice of the peace who opened the will, or ex officio by the General Directorate of Foundations.
The applied court takes the necessary measures ex officio to protect property and rights.

III. Appeal and annulment
Article 103 – The decision of the court may be appealed by the applicant or the General Directorate of Foundations within one month from the date of notification.
The General Directorate of Foundations or the relevant parties may file a lawsuit for annulment if there are reasons preventing the establishment of the foundation.

IV. Registration and announcement
Article 104 – The foundation that is decided to be registered is registered in the registry kept by the court of the place of residence of the foundation; it is also registered in the central registry kept by the General Directorate of Foundations.
If the registration decision has been made by another court, it is sent to the court of the foundation’s place of residence for registration, together with the relevant documents.
Upon notification by the court of the place of residence, the foundation is registered in the central registry by the General Directorate of Foundations and is announced in the Official Gazette.
Registration and announcement are made in accordance with the regulations issued by the President.

V. Acquisition of property and rights and responsibility
Article 105 – Ownership of the allocated goods and rights pass to the foundation upon the acquisition of legal personality.
The court that decides on registration notifies the land registry office that the endowed real estate be registered in the name of the foundation legal entity.
The liability of a foundation established through a testamentary disposition for the debts of the testator is limited to the property and rights allocated.

B. Foundation deed
I. Contents
Article 106- The name of the foundation, its purpose, the property and rights allocated to this purpose, the organization and management of the foundation and its location are indicated in the foundation deed.

II. Deficiencies
Article 107 – If the purpose of the foundation and the property and rights allocated to this purpose are sufficiently specified in the foundation deed, other deficiencies do not necessitate the rejection of the application for the foundation to acquire legal personality.
Such deficiencies may be completed by the court before the registration decision is made, or they may be completed by the court of the place of residence of the foundation upon the application of the auditing authority after the establishment, if possible after obtaining the opinion of the founder.
If the property and rights allocated to the foundation for which registration is requested through a testamentary disposition are not sufficient to achieve the purpose, these properties and rights are allocated to a foundation with a similar purpose by the judge, after consulting the auditing authority, unless the founder has made a statement of intent to the contrary.

C. Right of heirs and creditors to sue
Article 108- The heirs and creditors of the donor reserve their right to file a lawsuit in accordance with the provisions regarding donations and testamentary dispositions.

D. Organization of the Foundation
I. In general
Article 109- It is mandatory for the foundation to have a management body. The founder may indicate other bodies that he deems necessary in the foundation deed.

II. Foundation for the assistance of employees and workers
Article 110 – Managers of foundations providing assistance to employees and workers are obliged to provide the beneficiaries with the necessary information about the organization, operation and financial status of the foundation.
Employees and workers who pay their dues to the Foundation participate in the management at least in proportion to their payments and elect their representatives from among themselves, as much as possible.
The part of the foundation’s assets that will be provided by the payments to be made by the employees and workers will be a claim of the foundation against the employer, but this claim depends on sufficient security being provided.
The beneficiaries’ right to demand the fulfillment of the foundation’s obligations through a lawsuit depends on whether they have paid a fee or whether the provisions governing the foundation grant them this right.
Changes to be made to the provisions regarding the participation of beneficiaries in the management of foundations providing assistance to employees and workers and the conditions for benefiting from the foundation are decided upon by the court of the place of residence upon the request of the authorized body in accordance with the foundation charter and after receiving the written opinion of the auditing authority.

E. Audit
Article 111- The General Directorate of Foundations and its higher institutions shall inspect whether foundations fulfill the provisions of the foundation charter, manage foundation assets in accordance with their purpose, and spend foundation revenues in accordance with their purpose. The inspection of foundations by their higher institutions is subject to special law provisions.
(Repealed second paragraph: 20/2/2008-5737/80 art.)

F. Change of management, purpose and property
I. Change of management
Article 112 – If there are justified reasons, the court may change the organization, management and operation of the foundation upon the request of the foundation’s management body or the auditing authority, after receiving the written opinion of the other.
Upon the application of the supervisory authority, the court may, by holding a hearing, (…) dismiss the directors and, unless otherwise provided in the foundation charter, elect a new one.

II. Change of purpose and goods
Article 113 – If, due to changes in circumstances and conditions, it becomes clear that adhering to the purpose written in the foundation deed is not in accordance with the wishes of the founder, the court may change the purpose of the foundation upon the application of the foundation’s management body or the auditing authority after receiving the written opinion of the other.
The same provision applies to the removal or modification of conditions and obligations that significantly hinder or prevent the achievement of the purpose.
If there are reasons justifying the replacement of the goods and rights allocated for the purpose with more useful ones or their conversion into money, the court may allow the necessary change upon the application of the foundation’s management body or the auditing authority after receiving the written opinion of the other.

G. Annual report
Article 114 – The management body shall, within the first three months of each calendar year, report to the auditing authority on the foundation’s assets and activities for the previous year and ensure that the situation is published through appropriate means.

H. Temporary suspension of activity
Article 115- The Ministry of Internal Affairs may, in cases stipulated in the Constitution and in accordance with the procedures specified, temporarily suspend the foundation from activity until a decision is made by the court, after also receiving the opinion of the supervisory authority, and immediately apply to the court. The judge shall decide on the application without delay.

I. Termination of the Foundation
Article 116 – If the purpose becomes impossible to achieve and it is not possible to change it, the foundation automatically terminates and is deleted from the registry by court decision.
If it is not possible to change the purpose of a foundation that is later understood to have a prohibited purpose or engages in prohibited activities, or whose purpose is later prohibited, the foundation shall be dissolved upon the application of the supervisory authority or the public prosecutor, after holding a hearing.

J. Other provisions
Article 117- The provisions regarding acquisition through possession of the properties of foundations shall not apply.
The provisions regarding associations’ international activities and establishment of umbrella organisations are also applied to foundations by analogy.
Special provisions regarding foundations established for public benefit or under special laws are reserved.

THE SECOND BOOK
FAMILY LAW

PART ONE
MARRIAGE LAW

CHAPTER ONE
MARRIAGE

FIRST DISCRIMINATION
ENGAGEMENT
A. Engagement
Article 118- Engagement is based on a promise to marry.
Engagement does not bind a minor or a person with a disability without the consent of their legal representative.

B. Provisions of engagement
I. Lack of right to sue
Article 119- Engagement does not give the right to file a lawsuit to force marriage.
The compensation or penalty for the termination of marriage cannot be sued; however, the payments made cannot be claimed back.

II. Consequences of breaking off the engagement
1. Material compensation
Article 120- If one of the engaged parties breaks off the engagement without a justifiable reason or if the engagement is broken off for a reason attributable to one of the parties, the party at fault is obliged to pay the other party appropriate compensation within the framework of the rules of honesty and for the expenses incurred and the material sacrifices made for the purpose of marriage. The same rule applies to the engagement expenses.
The parents of the party entitled to claim compensation or persons acting in their capacity may also claim appropriate compensation for the expenses they have incurred under the same circumstances.

2. Non-pecuniary damages
Article 121 – The party whose personal rights have been violated due to the termination of the engagement may request the payment of an appropriate amount of money as non-pecuniary damages from the other party who is at fault.

III. Return of gifts
Article 122- If the engagement ends for a reason other than marriage, the unusual gifts given by the engaged couples to each other or by the parents or those acting like them to the other engaged couple may be requested back by the givers.
If the gift cannot be returned in kind or in kind, the provisions on unjust enrichment apply.

IV. Statute of Limitations
Article 123- Rights to file a lawsuit arising from the termination of the engagement become time-barred after one year has passed since the termination.

SECOND DIFFERENCE
MARRIAGE LEVEL AND ITS OBSTACLES
A. Conditions of the license
I. Age
Article 124- A man or woman cannot marry until they reach the age of seventeen.
However, in extraordinary circumstances and for very important reasons, the judge may allow a man or woman who is over sixteen to marry. Whenever possible, the mother, father or guardian are heard before the decision.

II. The power of discernment
Article 125- Those who do not have the power of discernment cannot marry.

III. Permission of the legal representative
1. About minors
Article 126- A minor cannot marry without the consent of his/her legal representative.

2. About the restricted
Article 127- A person with a disability cannot marry without the permission of his/her legal representative.

3. Applying to court
Article 128 – The judge may allow the minor or the person with a disability to marry after hearing the legal representative who does not allow the marriage without a justified reason.

B. Obstacles to marriage
I. Kinship
Article 129- Marriage between the following persons is prohibited:
1. Between ascendants and descendants; between siblings; between uncles, maternal uncles, aunts and nephews,
2. Between one of the spouses and the ascendants or descendants of the other, even if the marriage that created the in-law relationship has ended,
3. Between the adopter and the adopted child or between one of them and the descendants and spouse of the other.

II. Previous marriage
1. Proof of termination
a. In general
Article 130- Anyone wishing to remarry must prove that his previous marriage has ended.

b. In case of absence
Article 131- The spouse of a person who is declared missing cannot remarry unless the court decides to dissolve the marriage.
The spouse of the disappeared person may request the dissolution of the marriage together with the application for absence or by filing a separate lawsuit.
Dissolution of marriage is requested through a separate lawsuit from the court of the plaintiff’s place of residence.

2. Waiting period for women
Article 132- If the marriage has ended, the woman cannot marry until three hundred days have passed since the marriage ended.
The period ends with giving birth.
If it is understood that the woman is not pregnant from her previous marriage or if the spouses whose marriage has ended want to marry each other again, the court will lift this period.

III. Mental illness
Article 133- Mentally ill people cannot marry unless an official health board report shows that there is no medical problem in their marriage.

THIRD SECTION
MARRIAGE APPLICATION AND CEREMONY
A. Application
I. Authority for application
Article 134- A man and a woman who want to marry each other apply together to the marriage registry office where one of them resides.
The marriage officer is the mayor in places where there is a municipality or the officer assigned to this task, or the headman in villages.

Form II
Article 135- The application is made verbally or in writing by the people who are going to get married.

III. Documents
Article 136 – Each of the men and women must submit to the marriage registrar’s office a copy of their identity card and population registration record, a document indicating the end of a previous marriage, a written permission document with the signature of their legal representative if they are a minor or disabled person, and a health report showing that they do not have a disease that would prevent marriage.

IV. Examination and rejection of the application
Article 137- The marriage officer examines the marriage application and the documents that need to be attached to it. If he finds any deficiency in the application, he completes it or has it completed.
If it is understood that the application was not made in accordance with the procedure or that one of the parties to be married is not competent to marry or that there is a legal impediment to marriage, the application for marriage is rejected and the parties to be married are immediately notified in writing.

V. Objection to rejection and trial procedure
Article 138- Each of the people who are going to get married may appeal to the court against the rejection decision of the marriage officer. The objection is examined on the documents and a final decision is made.
However, lawsuits filed against decisions of rejection on the grounds of absolute nullity are heard through the simple trial procedure (…).

B. Marriage ceremony and registration
I. Conditions
1. Marriage permit
Article 139- If the marriage officer determines that the conditions for marriage exist or if the rejection decision is lifted by the court, he/she shall notify the people who are going to get married of the day and time of the marriage or, if they wish, issue a marriage permit.
The marriage license document grants those who are getting married the right to get married before any marriage officer within six months from the date it is issued.

2. Inability to marry
Article 140 – If it is understood that the conditions for marriage are not met or if six months have passed since the documents were submitted, the marriage officer cannot perform the marriage ceremony.

II. Construction
1. Ceremony place
Article 141- The marriage ceremony is held openly in the marriage office in the presence of the marriage officer and two adult witnesses who have the power of discernment. However, upon the request of the couple, the ceremony may be held in other places deemed appropriate by the marriage officer.

2. Form of ceremony
Article 142- The marriage officer asks each of the parties to be married whether they want to marry each other. The marriage takes place when the parties give their positive verbal answers. The officer declares that the marriage has been made with the mutual consent of the parties and in accordance with the law.

3. Family certificate and religious ceremony
Article 143- As soon as the marriage ceremony is over, the marriage officer gives a family certificate to the spouses.
The religious ceremony of marriage cannot be performed without showing the family certificate.
The validity of the marriage does not depend on the religious ceremony being performed.

C. Regulation
Article 144 – The marriage procedure, marriage registry, correspondence regarding marriage and other matters related to marriage are regulated by regulations.

FOURTH SECTION
VOID MARRIAGES
A. Absolute nullity
I. Reasons
Article 145- Marriage is deemed absolutely null and void in the following cases:
1. One of the spouses must be married at the time of marriage,
2. If one of the spouses lacks the power of discernment for a permanent reason during the marriage,
3. If one of the spouses has a mental illness that prevents marriage,
4. The existence of a degree of kinship between the spouses that would prevent marriage.

II. Duty and right to file a lawsuit
Article 146- An absolute nullity suit is filed ex officio by the public prosecutor.
This lawsuit can also be filed by anyone with an interest.

III. Limitation or abolition of the right to sue
Article 147- The absolute nullity of a dissolved marriage cannot be sued ex officio by the public prosecutor; however, every interested party may request that the absolute nullity be decided.
In cases where the power of discernment is acquired later or the mental illness is cured, only the spouse who acquired the power of discernment later or whose mental illness is cured can file an absolute nullity lawsuit.
If the previous marriage of a person who remarries while still married has ended before the decision of absolute nullity is made and the other spouse is in good faith in the second marriage, the nullity of this marriage cannot be decided.

B. Relative nullity
I. Spouses’ right to sue
1. Temporary lack of discernment
Article 148 – A spouse who lacks the ability to distinguish due to a temporary reason at the time of marriage may file a lawsuit for the annulment of the marriage.

2. Mistake
Article 149- In the following cases, one of the spouses may file a lawsuit for annulment of marriage:
1. If the person has mistakenly agreed to marry even though he/she never wanted to marry or had no intention of marrying the person he/she married,
2. If he/she has married by mistake a person whose absence from his/her spouse is so important that living with him/her becomes unbearable for him/her.

3. Cheating
Article 150- In the following cases, one of the spouses may file a lawsuit for annulment of marriage:
1. If the person consented to the marriage by being deceived about his/her spouse’s honour and dignity, either directly by him/her or by someone else with his/her knowledge,
2. If an illness that poses a serious danger to the health of the plaintiff or his descendants was concealed from him.

4. Intimidation
Article 151- A spouse who was persuaded to marry by being threatened with an imminent and serious danger to his/her life, health or honour and dignity or to one of his/her relatives may file a lawsuit for the annulment of the marriage.

5. Limitation period
Article 152 – The right to file an annulment lawsuit expires six months after the reason for annulment is learned or the effect of fear has disappeared, and in any case, five years after the marriage.

II. Right of legal representative to sue
Article 153- If a minor or a person with a disability marries without the consent of his/her legal representative, the legal representative whose consent was not obtained may file a lawsuit to annul the marriage.
If the person who marries in this manner later becomes an adult by reaching the age of eighteen, ceases to be restricted, or if the wife becomes pregnant, the marriage cannot be annulled.

C. Reasons that do not necessitate nullity
I. Failure to comply with the waiting period
Article 154- If a woman marries before the end of the waiting period, this does not necessitate the nullification of the marriage.

II. Failure to comply with the rules of form
Article 155 – A marriage that has been solemnized before an authorized official cannot be declared null and void due to non-compliance with other formal rules of the law.

D. Nullity decision
I. In general
Article 156- A void marriage can only be terminated by a judge’s decision. Even in the event of absolute nullity, the marriage has all the consequences of a valid marriage until the judge’s decision.

II. Results
1. In terms of children
Article 157 – Children born from a marriage that has been declared null and void by a court are considered to have been born in wedlock, even if the parents were not in good faith.
The provisions regarding divorce apply to the relationship between children and their parents.

2. In terms of spouses
Article 158 – If the marriage is declared null and void, the spouse who was in good faith when marrying preserves the personal status he/she acquired through this marriage.
The provisions regarding divorce apply to the liquidation of the property regime between spouses, compensation, alimony and surname.

E. Heirs’ right to sue
Article 159- The right to file a lawsuit for nullity of marriage does not pass to the heirs. However, the heirs may continue the lawsuit that has been filed. As a result of the lawsuit, the surviving spouse who is found not to have acted in good faith at the time of marriage cannot be a legal heir and also loses the rights granted to him by the previous testamentary dispositions.

F. Authority and procedure
Article 160 – In cases of nullity of marriage, the provisions regarding divorce shall apply in terms of jurisdiction and procedure.

CHAPTER TWO
DIVORCE
A. Reasons for divorce
I. Adultery
Article 161- If one of the spouses commits adultery, the other spouse may file for divorce.
The right to file a lawsuit expires six months after the spouse who has the right to file a lawsuit learns of the reason for divorce, and in any case, five years after the act of adultery.
The forgiving party has no right to sue.

II. Attempt on life, very bad or dishonorable behavior
Article 162- Either spouse may file a divorce case on the grounds that the other has attempted an attempt on his/her life, treated him/her badly or committed a severely humiliating act.
The right to file a lawsuit expires six months after the spouse who has the right to file a lawsuit learns of the reason for divorce, and in any case, five years after the reason arises.
The forgiving party has no right to sue.

III. Committing crimes and living a dishonorable life
Article 163- If one of the spouses commits a humiliating crime or leads a dishonorable life and the other spouse cannot be expected to live with him/her for these reasons, this spouse can always file for divorce.

IV. Abandonment
Article 164 – If one of the spouses abandons the other for the purpose of not fulfilling the obligations arising from the marriage union or does not return to the shared home without a justified reason, if the separation has lasted at least six months and this situation continues and if the warning made by the judge or notary upon request has not been successful, the abandoned spouse may file a divorce case. The spouse who forces the other to leave the shared home or prevents him/her from returning to the shared home without a justified reason is also considered to have abandoned.
Upon the request of the spouse who has the right to file a lawsuit, the judge or notary shall, without examining the merits, warn the abandoning spouse in a warning that he/she must return to the shared home within two months and the consequences that will arise if he/she does not return. This warning is made through an announcement when necessary. However, a request for a warning cannot be made until the fourth month of the specified period for filing a divorce case has expired and a lawsuit cannot be filed until two months have passed after the warning.

V. Mental illness
Article 165- If one of the spouses is mentally ill and life together becomes unbearable for the other spouse, this spouse may file a divorce case, provided that it is determined by an official health board report that the illness cannot be cured.

VI. The breakdown of the marital union
Article 166- If the marriage union is shaken to such an extent that it is no longer possible for them to continue their life together, either spouse may file for divorce.
In the cases specified in the above paragraph, if the plaintiff’s fault is more serious, the defendant has the right to object to the lawsuit filed. However, if this objection is in the nature of an abuse of rights and there is no benefit worthy of protection for the defendant and the children in the continuation of the marriage union, a divorce may be decided.
If the marriage has lasted at least one year, if the spouses apply together or if one spouse accepts the other’s case, the marriage union is deemed to have been shaken from its foundation. In this case, in order for a divorce decision to be made, the judge must hear the parties in person and be satisfied that their wills have been freely expressed and find the arrangement to be accepted by the parties regarding the financial consequences of the divorce and the status of the children appropriate. The judge may make any changes he deems necessary in this agreement, taking into account the interests of the parties and the children. If these changes are accepted by the parties, the divorce is decided. In this case, the provision that the parties’ confessions are not binding on the judge does not apply.
(Amended fourth paragraph: 14/11/2024-7532/13 art.) If a lawsuit filed for any of the reasons for divorce is decided to be rejected and one year has passed from the date on which this decision became final, if the joint life cannot be re-established for whatever reason, the marriage union is deemed to have been fundamentally shaken and a divorce is decided upon the request of one of the spouses.

B. Case
I. Subject
Article 167- The spouse who has the right to file for divorce may request a divorce or separation.

II. Authority
Article 168- The competent court in divorce or separation cases is the court of the place of residence of one of the spouses or the place where they last lived together for six months before the case.

III. Interim measures
Article 169 – When a divorce or separation case is filed, the judge shall ex officio take temporary measures necessary for the duration of the case, especially regarding the accommodation and livelihood of the spouses, the management of the spouses’ property, and the care and protection of the children.

C. Decision
I. Divorce or separation
Article 170- If the reason for divorce is proven, the judge decides on divorce or separation.
If the case is only about separation, a divorce cannot be decided.
If the case is related to divorce, a decision for separation can only be made if there is a possibility of re-establishing the common life.

II. Period of separation
Article 171- A decision for separation may be made for a period of one to three years. This period begins when the decision for separation becomes final.

III. End of the period of separation
Article 172- When the period expires, the separation automatically ends.
If the joint life is not re-established, either spouse may file for divorce.
When determining the results of divorce, the events proven in the first case and the situations that arose during the separation period are taken into account.

IV. Personal situation of the divorced woman
Article 173- In case of divorce, a woman preserves the personal status she acquired through marriage; however, she shall retake her surname before marriage. If a woman was a widow before marriage, she may request the judge to allow her to keep her maiden surname.
If it is proven that the woman has an interest in using her ex-husband’s surname and that this will not cause any harm to her husband, the judge will allow her to carry her husband’s surname upon her request.
The husband may request that this permission be revoked if conditions change.

V. Compensation and alimony in divorce
1. Material and moral compensation
Article 174 – The party with the least fault or less fault, whose current or expected interests are damaged by the divorce, may request appropriate financial compensation from the party at fault.
The party whose personal rights have been violated due to the events that led to the divorce may request that the other party, who is at fault, pay an appropriate amount of money as non-pecuniary damages.

2. Alimony
Article 175- The party who will become poor as a result of the divorce may request alimony from the other party for an indefinite period of time, in proportion to his financial means, for his subsistence, provided that his fault is not more severe.
The fault of the alimony payer is not required.

3. Payment method of compensation and alimony
Article 176 – It may be decided that material compensation and alimony shall be paid in a lump sum or in the form of an income, depending on the requirements of the situation.
It cannot be decided that moral compensation will be paid in the form of revenue.
The material compensation or alimony decided to be paid in the form of income is automatically terminated in the event of the remarriage of the creditor party or the death of one of the parties; it is terminated by a court decision in the event that the creditor party lives as if he were actually married without getting married, his poverty is eliminated or he leads a dishonorable life.
In cases where the financial situations of the parties change or equity requires, a decision may be made to increase or decrease the income.
Upon request, the judge may decide on the amount of financial compensation or alimony to be paid in the form of income, depending on the social and economic situations of the parties in the coming years.

4. Authority
Article 177- In alimony cases to be filed after divorce, the court of the place of residence of the alimony creditor has jurisdiction.

5. Statute of Limitations
Article 178 – Rights to file a lawsuit arising from the termination of marriage due to divorce become time-barred after one year has passed since the divorce decision became final.

VI. Liquidation of the property regime
1. In case of divorce
Article 179- In the liquidation of the property regime, the provisions regarding the regime to which the spouses are subject shall be applied.

2. In case of separation
Article 180- If a decision is made for separation, the court may decide to abolish the property regime agreed upon between the spouses in a contract, depending on the duration of the separation and the situation of the spouses.

VII. Inheritance rights
Article 181- Divorced spouses cannot be each other’s legal heirs and lose the rights granted to them by testamentary dispositions made before the divorce, unless it is understood from the disposition to the contrary.
(Amended second paragraph: 31/3/2011-6217/19 art.) If one of the heirs of the deceased spouse continues the case while the divorce case is ongoing and the fault of the other spouse is proven, the provision of the above paragraph shall be applied.

VIII. Rights of parents in relation to children
1. Discretionary power of the judge
Article 182 – When deciding on divorce or separation, the court regulates the rights of the mother and father and their personal relations with the child, after listening to the mother and father, if possible, and after taking the opinion of the guardian and the guardianship authority if the child is under guardianship.
(Additional second paragraph: 24/11/2021-7343/37 art.) The court warns in its decision that if the requirements of the personal relationship arrangement are not fulfilled, custody may be changed, provided that it is not contrary to the child’s best interests.
In regulating the personal relationship between the spouse who is not granted custody and the child, the child’s interests, especially in terms of health, education and morality, shall be taken into consideration. This spouse must contribute to the child’s care and education expenses to the extent of his/her means.
The judge may decide on the amount of these expenses, which are decided to be paid in the form of income upon request, to be paid in the coming years, depending on the social and economic situations of the parties.

2. Change of situation
Article 183- In cases where new facts make it necessary, such as the mother or father marrying someone else, moving to another place or dying, the judge takes the necessary measures ex officio or upon the request of one of the mother or father.

D. Procedure for divorce proceedings
Article 184 – Divorce proceedings are subject to the Code of Civil Procedure, subject to the following rules:
1. Unless the judge is convinced in his conscience that the facts on which the divorce or separation case is based exist, he cannot consider them as proven.
2. The judge cannot recommend the parties to take an oath regarding these facts, either ex officio or upon request.
3. Any acknowledgement of the parties on this matter shall not bind the judge.
4. The judge freely evaluates the evidence.
5. Agreements regarding the secondary consequences of divorce or separation are not valid unless approved by the judge.
6. The judge may decide that the hearing be held in secret upon the request of one of the parties.

CHAPTER THREE
GENERAL PROVISIONS OF MARRIAGE
A. Rights and obligations
I. In general
Article 185- By getting married, a marital union is established between the spouses.
Spouses are responsible for ensuring the happiness of this union together and for taking care of the care, education and supervision of the children.
Spouses must live together, be loyal to each other, and help each other.

II. Selection of residence, management of the union and participation in expenses
Article 186- Spouses choose the residence they will live in together.
Spouses manage the union together.
Spouses contribute to the expenses of the union with their labor and assets in proportion to their ability.

III. Woman’s surname
Article 187- (Cancelled sentences: By the Constitutional Court’s decision dated 22/2/2023 and numbered E.: 2022/155, K.: 2023/38.)

B. Representation of the Union
I. Authority to represent spouses
Article 188- Each spouse represents the marriage union for the continuous needs of the family during the continuation of their joint life.
For other needs of the family, one of the spouses can represent the union only in the following cases:
1. If authorized by the other spouse or by the judge for justified reasons,
2. If there is a risk in delay for the benefit of the union and the consent of the other spouse cannot be obtained due to illness, being elsewhere or similar reasons.

II. Responsibility
Article 189- In cases where the authority to represent the union is used, the spouses are jointly and severally liable to third parties.
Each spouse is personally liable for the actions taken without having the authority to represent the union. However, if the authority to represent is exceeded in a way that cannot be understood by third parties, the spouses are jointly and severally liable.

III. Removal or limitation of the authority to represent
Article 190- If one of the spouses exceeds his/her authority to represent the union or is inadequate in exercising this authority, the judge may remove or limit the authority of representation upon the request of the other spouse. The spouse who requests this may only notify third parties through personal announcement that the authority of representation has been removed or limited.
The removal or limitation of the authority to represent will have consequences against bona fide third parties, depending on the situation being declared by the decision of the judge.

IV. Return of the authority to represent
Article 191- The decision regarding the removal or limitation of the authority of representation may be changed by the judge upon the request of one of the spouses when the conditions change.
If the initial decision has been announced, the decision regarding the amendment will also be announced.

C. Profession and occupation of spouses
Article 192- Neither spouse is required to obtain the permission of the other in choosing a profession or job. However, the peace and benefit of the marital union are taken into consideration in choosing a profession or job and in carrying them out.
D. Legal transactions of the spouses
I. In general
Article 193- Unless otherwise provided by law, each spouse can engage in any legal transaction with the other and third parties.

II. Family residence
Article 194- One of the spouses cannot terminate the lease agreement regarding the family home, transfer the family home or limit the rights over the family home without the express consent of the other spouse.
A spouse who is unable to provide consent or who is not given consent without a justified reason may request the intervention of a judge.
The spouse who is not the owner of the real estate allocated as the family home may request the land registry office to add the necessary annotation regarding the home to the land registry.
If the family home is rented by one of the spouses, the spouse who is not a party to the contract becomes a party to the contract by notifying the lessor, and the spouse who notifies is jointly and severally liable with the other.

E. Preservation of the Union
I. In general
Article 195 – In case of non-fulfillment of obligations arising from the marriage union or in case of disagreement on an important issue related to the marriage union, the spouses may request the intervention of the judge, separately or together.
The judge warns the spouses about their obligations; tries to reconcile them and may request the assistance of experts with the mutual consent of the spouses.
If necessary, the judge takes the measures prescribed by law upon the request of one of the spouses.

II. When spouses live together
Article 196 – Upon the request of one of the spouses, the judge determines the financial contribution to be made by each spouse for the maintenance of the family.
The spouse’s performance of housework, childcare, and unpaid work in the other spouse’s business are taken into account in determining the contribution amount.
These contributions can be requested for the past year and future years.

III. Suspension of cohabitation
Article 197 – One of the spouses has the right to live separately as long as his/her personality, economic security or family peace is seriously endangered due to the joint life.
If the termination of cohabitation is based on a justified reason, the judge, upon the request of one of the spouses, takes measures regarding the financial contribution to be made by one of the spouses to the other, the use of the house and household goods, and the management of the spouses’ property.
One of the spouses may also make the above requests if the other spouse avoids living together without a justified reason or if living together becomes impossible for another reason.
If the spouses have minor children, the judge takes the necessary measures in accordance with the provisions regulating the relations between the parents and the children.

IV. Measures regarding debtors
Article 198 – If one of the spouses does not fulfill his/her obligation to contribute to the expenses of the union, the judge may order his/her debtors to make the payment, in whole or in part, to the other spouse.

V. Limitation of the power of disposition
Article 199 – To the extent that it is necessary to protect the economic existence of the family or to fulfill a financial obligation arising from the marriage union, the judge may, upon the request of one of the spouses, decide that the dispositions regarding the property values he determines can only be made with his/her consent.
In this case, the judge takes the necessary measures.
If the judge revokes the authority of one of the spouses to dispose of the real estate, he/she decides ex officio that the situation be recorded in the land registry.

VI. Change of situation
Article 200 – When the conditions change, the judge makes the necessary changes in his decision upon the request of one of the spouses or, if the reason has ceased, lifts the measure taken.

VII. Authority
Article 201 – The competent court for measures to protect the marital union is the court of the place of residence of either spouse.
If the spouses’ residences are different and both of them have requested that measures be taken, the competent court is the court of residence of the person who first made the request.
The competent court for the modification, completion or removal of the measures is the court that issued the measure decision. However, if the place of residence of both spouses has changed, the competent court is the court of the new place of residence of either spouse.

CHAPTER FOUR
PROPERTY REGIME BETWEEN SPOUSES

FIRST DIFFERENCE
GENERAL PROVISIONS
A. Legal property regime
Article 202- The application of the regime of participation in property acquired between spouses is fundamental.
Spouses may accept one of the other regimes determined by law through a property regime agreement.

B. Property regime agreement
I. Contents of the contract
Article 203- Property regime agreements can be made before or after marriage. Parties can choose, abolish or change the property regime they want, but only within the limits set forth in the law.

II. Contractual capacity
Article 204 – Property regime contracts can only be made by those who have the power of discernment.
Minors and those with disabilities must obtain the consent of their legal guardians.

III. Form of the contract
Article 205- Property regime agreements are made by drawing up or approving at a notary. However, the parties may also state in writing which property regime they have chosen during the marriage application.
The property regime agreement must be signed by the parties and, if necessary, by their legal representatives.

C. Extraordinary property regime
I. At the request of one of the spouses
1. Decision
Article 206- If there is a justified reason, the judge may decide to convert the current property regime into a property separation upon the request of one of the spouses.
In particular, the existence of a just cause is accepted in the following cases:
1. The assets of the other spouse are insolvent or their share in the partnership has been seized.
2. The other spouse has jeopardized the interests of the applicant or the partnership,
3. If the other spouse withholds the consent required for a disposition of the partnership property without a justified reason,
4. The other spouse refrains from giving information to the requesting spouse about his/her assets, income, debts or partnership assets,
5. The other spouse’s persistent lack of discernment.
If one of the spouses is permanently deprived of the ability to distinguish, his/her legal representative may also request a decision on property separation based on this reason.

2. Authority
Article 207- The competent court is the court of the place of residence of either spouse.

3. Revocation of the transition to property separation
Article 208 – Spouses may accept the previous or another property regime at any time by entering into a new property regime agreement.
If the reason for the transition to property separation is eliminated, the judge may decide to return to the old property regime upon the request of one of the spouses.

II. In case of forced execution
1. In bankruptcy
Article 209 – If one of the spouses who accepted the community of property is declared bankrupt, the partnership automatically turns into a separation of property.

2. In Seizure
Article 210 – If a creditor who initiates enforcement proceedings against one of the spouses who have accepted community of property suffers losses during the enforcement of the seizure, he may request the judge to decide on the separation of property.
The creditor’s request is directed to both spouses.
The competent court is the court of the place of residence of the debtor.

3. Return to the old regime
Article 211- If the creditor is satisfied, the judge may decide to re-establish the community of property upon the request of one of the spouses.
Spouses may agree to a regime of participation in property acquired through a property regime agreement.

III. Liquidation of the previous regime
Article 212 – In case of separation of property, unless otherwise provided by law, the liquidation of the previous property regime between the spouses shall be carried out in accordance with the provisions of this regime.

D. Protection of creditors
Article 213 – The establishment or change of a property regime or the liquidation of a previous regime cannot exclude from liability the property over which the creditors of one of the spouses or the partnership may claim their rights.
The spouse to whom such property has passed is personally liable for the debts; however, he may relieve himself of liability to that extent if he proves that the property in question is insufficient to pay the debt.

E. Authority in property regime liquidation cases
Article 214 – In cases concerning the liquidation of a property regime between spouses or heirs, the following courts have jurisdiction:
1. In case the property regime ends with death, the court of the last place of residence of the deceased,
2. In case of a decision for divorce, annulment of marriage or separation of property by a judge, the court having jurisdiction over these cases,
3. In other cases, the court of the place of residence of the defendant spouse.

F. Management of one spouse’s property by the other
Article 215 – If one of the spouses explicitly or implicitly leaves the management of his/her property to the other spouse, the provisions of power of attorney shall apply unless otherwise agreed.

G. Inventory
Article 216- Each spouse may at any time request the other spouse to draw up an inventory of their assets with an official document.
If this inventory is made within one year of the arrival of the goods, it is deemed to be accurate unless proven otherwise.

H. Debts between spouses
Article 217- The property regime does not prevent debts between spouses from becoming due. However, if the payment of a debt would put the debtor spouse in significant difficulties that would endanger the marital union, this spouse may request time for payment. If the situation and conditions require it, the judge may hold the requesting spouse responsible for providing security.

SECOND DIFFERENCE
PARTICIPATION IN ACQUIRED GOODS
A. Property
I. Scope
Article 218 – The regime of participation in acquired property covers acquired property and the personal property of each spouse.

II. Acquired goods
Article 219 – Acquired property is the property values that each spouse has acquired by paying a price during the continuation of this property regime.
In particular, the acquired property of a spouse includes:
1. Acquisitions in return for one’s work,
2. Payments made by social security or social assistance institutions and organizations or funds established for the purpose of helping personnel, etc.
3. Compensation paid due to loss of working capacity,
4. Income from personal property,
5. Values replacing acquired goods.

III. Personal property
1. According to the law
Article 220- The following are personal property as per the law:
1. Goods for the personal use of one of the spouses only,
2. Property values that belonged to one of the spouses at the beginning of the property regime or that a spouse later acquired through inheritance or any other form of gratuitous gain,
3. Non-pecuniary damages receivables,
4. Values that replace personal property.

2. According to the contract
Article 221 – Spouses may agree, through a property regime agreement, that the assets that should be included in the acquired property resulting from the practice of a profession or the activity of a business will be considered personal property.
Spouses may also agree through a property regime agreement that income from personal property will not be included in acquired property.

IV. Proof
Article 222 – Anyone who claims that a certain property belongs to one of the spouses is obliged to prove his claim.
The properties that cannot be proven to belong to either spouse are considered to be their joint property.
All property of a spouse is considered acquired property until proven otherwise.

B. Management, utilization and savings
Article 223 – Each spouse has the right to manage, benefit from and dispose of their personal and acquired property within legal limits.
Unless otherwise agreed upon, neither spouse can dispose of his or her share of the jointly owned property without the consent of the other.

C. Liability to third parties
Article 224 – Each spouse is responsible for his/her own debts with all his/her assets.

D. Termination of the property regime and liquidation
I. The moment of termination
Article 225 – The property regime ends with the death of one of the spouses or the acceptance of another property regime.
In cases where the court decides to terminate the marriage due to annulment or divorce or to separate the property, the property regime ends as of the date of the lawsuit.

II. Recovery of goods and debts
1. In general
Article 226 – Each spouse shall receive back the property of the other spouse.
During the liquidation, if there is a property subject to shared ownership, one of the spouses can benefit from other opportunities provided by law, or can request that the property be given to him/her without division by proving that he/she has a superior interest and paying the other’s share.
Spouses can make arrangements regarding their mutual debts.

2. Value increase share
Article 227 – If one of the spouses has contributed to the acquisition, improvement or preservation of a property belonging to the other without receiving any or appropriate compensation, he/she shall be entitled to a claim in proportion to his/her contribution for the increase in value of the property during the liquidation, and this claim shall be calculated according to the value of the property at the time of liquidation; in case of a loss of value, the initial value of the contribution shall be taken as basis.
If such property has been disposed of before, the judge determines the amount to be paid to the other spouse in accordance with equity.
Spouses may waive their right to a share in the increase in value or change their share ratio by making a written agreement.

III. Calculation of spouses’ shares
1. Separation of personal property and acquired property
Article 228 – The personal property and acquired property of the spouses are divided according to their status at the time of termination of the property regime.
The lump sum payments made by social security or social assistance institutions to one of the spouses or the compensation paid due to loss of work capacity are taken into account as personal property in the liquidation in the amount of what the income for the following period would have been converted into advance capital on the date of termination of the property regime if a lifetime income had been granted in accordance with the procedure applied by the relevant social security or social assistance institution instead of lump sum payment or compensation.

2. Values to be added
Article 229- The following shall be added as value to the acquired goods:
1. Unconditional gifts made by one of the spouses, other than ordinary gifts, without the consent of the other spouse within one year before the termination of the property regime,
2. Transfers made by one spouse with the intention of reducing the participation receivable of the other spouse during the continuation of the property regime.
In disputes regarding such acquisitions or transfers, the court decision may also be asserted against third parties who benefit from the acquisition or transfer, provided that the case has been notified to them.

3. Equalization between personal and acquired property
Article 230 – If the debts of a spouse regarding personal property have been paid from acquired property or debts regarding acquired property have been paid from personal property, equalization may be requested during liquidation.
Every debt places a liability on the property group to which it is related. A debt to which group it is related is considered to be related to acquired property.
If a contribution has been made from one segment of property to the acquisition, improvement or preservation of the property in another segment, equalization in case of increase or decrease in value is made according to the contribution rate and the value of the property at the time of liquidation or, if the property has been disposed of before, according to equity.

4. Residual value
Article 231 – Residual value is the amount remaining after deducting the debts related to these properties from the total value of the acquired properties of each spouse, including the amounts obtained without addition and equalization.
Diminution in value is not taken into account.

IV. Determination of value
Version 1 value
Article 232- In the liquidation of the property regime, the sales value of the goods shall be taken as basis.

2. Income value
a. In general
Article 233 – The share of the increase in value and the participation receivables for an agricultural enterprise that a spouse continues to operate as the owner or for which a surviving spouse or descendant is entitled to request that it be allocated to him/her as a whole shall be calculated by taking into account their income value.
The owner of the agricultural enterprise or his/her heirs may request that the capital gains share or participation claim that they may claim against the other spouse be calculated only on the basis of the sales value of the enterprise.
The provisions of inheritance law regarding the evaluation and payment of shares of the enterprise’s profits to the heirs are applied by analogy.

b. Special cases
Article 234- If special circumstances require, the calculated value may be increased by an appropriate amount.
In particular, the living conditions of the surviving spouse, the purchase value of the agricultural enterprise, as well as the investments or financial situation of the spouse who owns the agricultural enterprise are considered special circumstances.

3. Evaluation moment
Article 235 – Acquired properties existing at the time the property regime ends are taken into account with their value at the time of liquidation.
The value of the items to be added to the account for acquired goods is calculated based on the date the goods are transferred.

V. Participation in surplus value
1. According to the law
Article 236- Each spouse or their heirs shall have the right to half of the residual value of the other spouse. The receivables shall be exchanged.
In case of divorce due to adultery or attempt on life, the judge may decide to reduce or abolish the share of the at-fault spouse in the residual value in accordance with equity.

2. According to the contract
a. In general
Article 237- Another basis may be accepted in the participation in the residual value through a property regime contract.
Such agreements cannot harm the reserved shares of the spouses’ non-joint children and their descendants.

b. In case of annulment, divorce or separation of property by court decision.
Article 238 – In cases where the court decides to end the marriage due to annulment or divorce or to proceed to property separation, agreements that differ from the regulation on participation in surplus value in the law are only valid if this is clearly stipulated in the property regime agreement.

VI. Payment of participation receivables and capital gains share
1. Payment and postponement
Article 239- Participation receivables and capital gains shares can be paid in kind or in cash. In payment in kind, the sales value of the goods is taken into account; the economic integrity of units and enterprises dedicated to the practice of a profession is taken into account.
If immediate payment of the participation receivables and capital gains share would cause serious difficulties for the debtor spouse, he/she may request that the payments be postponed for an appropriate period of time.
Unless otherwise agreed, interest is accrued on the participation receivable and the share of increase in value starting from the end of the liquidation; if the situation and conditions require, security may also be requested from the debtor.

2. Family residence and household goods
Article 240 – In order to continue his/her former life, the surviving spouse may request that the right of usufruct or residence be granted to him/her on the house belonging to his/her deceased spouse where they lived together, by offsetting the share receivable or adding a fee if this is not sufficient; other arrangements agreed upon with the property regime agreement are reserved.
The surviving spouse may request that ownership rights be granted to the household goods under the same conditions.
In case of justified reasons, the surviving spouse or the legal heirs of the deceased spouse may be granted the right of ownership over the house instead of the right of usufruct or residence.
The surviving spouse cannot use these rights in the sections where the deceased practiced a profession or art and where it is necessary for one of his descendants to practice the same profession or art. The provisions of inheritance law regarding agricultural real estate are reserved.

3. Lawsuit against third parties
Article 241- If, during the liquidation, the assets or estate of the debtor spouse do not cover the participation claim, the creditor spouse or his/her heirs may demand the gratuitous gains that should be included in the acquired properties from third parties who benefit from them, limited to the remaining amount.
The right to sue expires one year after the creditor spouse or heirs learn that their rights have been violated and, in any case, five years after the termination of the property regime.
Apart from the provisions of the above paragraph and the rules of jurisdiction, the provisions regarding the reduction case in inheritance are applied by analogy.

THIRD SECTION
SEPARATION OF PROPERTY
A. Management, utilization and savings
Article 242- In the property separation regime, each spouse retains the right to manage, benefit from and dispose of his/her own property within legal limits.

B. Other provisions
Article 243 – The provisions regarding the regime of shared property separation shall be applied in matters of proof, liability for debts and allocation of shared property.

FOURTH SECTION
SHARED SEPARATION OF PROPERTY
A. Management, utilization and savings
I. In general
Article 244- Each spouse retains the right to manage, benefit from and dispose of his/her own property within legal limits.

II. Proof
Article 245- Anyone who claims that a certain property belongs to one of the spouses is obliged to prove his claim.
The properties that cannot be proven to belong to either spouse are considered to be their joint property.

B. Liability for debts
Article 246- Each spouse is responsible for his/her own debts with all his/her assets.

C. Termination of the property regime and liquidation
I. The moment of termination
Article 247- The property regime ends with the death of one of the spouses or the acceptance of another property regime.
In cases where the court decides to terminate the marriage due to annulment or divorce or to separate the property, the property regime ends as of the date of the lawsuit.

II. Retrieval of goods and delivery of shared goods
1. In general
Article 248- Each spouse shall receive back the property of the other spouse.
When the shared property separation regime ends, the spouse who proves that he/she has a superior interest may, among other measures, request that the jointly owned property be given to him/her by giving his/her spouse the equivalent of his/her share on the payment date.

2. Right arising from contribution
Article 249 – If one of the spouses has contributed to the acquisition, improvement or preservation of property belonging to the other, which is not subject to division, without receiving any or appropriate compensation; in the event of the termination of the property regime, he/she may request payment of an equitable price in proportion to his/her contribution.
The same claim applies to the values that replace the property that is not included in the distribution.

III. Properties allocated to the family
Rule 1
Article 250 – Properties acquired by one of the spouses after the establishment of the shared property separation regime and allocated for the joint use and enjoyment of the family, as well as investments aimed at securing the family’s economic future or values replacing them, shall be shared equally between the spouses in the event of the termination of the property regime. The economic integrity of the enterprises shall be taken into consideration in the sharing.
This provision does not apply to claims for moral compensation, property acquired through inheritance, and property acquired through inter vivos or testamentary dispositions, unless the contrary is evident from the express will of the person making the gratuitous acquisition.

2. Behaviors that are against sharing
Article 251- If one of the spouses disposes of a property without consideration before sharing it with the intention of reducing the share of the other spouse, the judge determines the equalization amount to be received by the other spouse in accordance with equity.
It is assumed that any gratuitous contributions other than ordinary gifts made without the consent of the other spouse within one year before the termination of the property regime were made with the intention of reducing the share of this spouse.
In disputes regarding such benefits, the court decision may also be asserted against third parties who benefit from the benefit, provided that the case has been notified to them.

3. Rejection of the request for sharing
Article 252- In case of divorce due to adultery or attempt on life, the judge may decide to reduce or abolish the share of the at-fault spouse in accordance with equity.

4. Sharing method
Article 253- The principle is that the distribution should be made in installments. If this is not possible, the shares are balanced by adding a price. The price that one spouse will pay to the other is calculated according to the sales value of the properties at the time of liquidation. In this calculation, the debts arising from the acquisition of the properties subject to sharing are deducted.
If immediate payment of the equalization amount would cause serious difficulties for the debtor spouse, he/she may request that the payments be postponed for an appropriate period of time.
Unless otherwise agreed, interest is accrued on the equalization amount starting from the end of the liquidation; if the situation and conditions require, security may also be requested from the debtor.

IV. Family residence and household goods
1. In case of annulment or divorce
Article 254- In the event that the marriage is terminated by a decision of annulment or divorce, the spouses may agree on which of them will continue to live in the house and use the household goods, which are allocated to the joint use of the family and are to be shared equally between the spouses. The spouse who acquires the right to stay in the house may request that this right be recorded in the land registry.
If the spouses cannot agree on who will continue to live in the family home and use the household goods, if equity requires, the judge will decide ex officio, together with the annulment or divorce decision, which one will have this right, taking into account the characteristics of the case, the economic and social situations of the spouses and the interests of the children, if any; and will determine the period of stay and use in this decision and notify the land registry office for annotation in the land registry.
Unless the judge decides otherwise, the right automatically ends at the end of the specified period. However, if the situation of the party benefiting from the right changes before this period ends, the other party may request the judge to review the decision.
If the spouses are renting a house, the judge may decide that the spouse who is not a tenant should stay in the house if necessary. In this case, the necessary arrangements to secure the rights of the renter arising from the contract are decided ex officio together with the annulment or divorce decision.

2. In case of death
Article 255- In the event of the death of one of the spouses, if the property to be shared includes household goods or the house where the spouses live together, the surviving spouse may request that ownership rights be granted over these, offset against his/her rights arising from inheritance and sharing, and if this is not sufficient, with an additional fee.
In the presence of justified reasons, upon the request of the surviving spouse or one of the other legal heirs of the deceased, a decision may be made to grant usufruct or residence rights instead of property.
The surviving spouse cannot use these rights in the sections where the deceased practiced a profession or art and where it is necessary for one of his descendants to practice the same profession or art. The provisions on inheritance regarding agricultural real estate are reserved.

FIFTH SECTION
JOINT PROPERTY
A. Property
I. Scope
Article 256 – The property community regime covers the community property and the personal property of the spouses.

II. Partnership assets
1. General property partnership
Article 257 – In a general property partnership, the property and income of the spouses, other than those considered personal property by law, constitute the partnership property.
Spouses own their partnership property as a whole, undivided.
Neither spouse has the right to dispose of the partnership share alone.

2. Limited property partnership
a. Partnership in acquired properties
Article 258 – Spouses may accept a partnership consisting only of acquired properties through a property regime agreement.
Income from personal property is also included in this partnership.

b. Other property partnerships
Article 259 – Spouses may, through a property regime agreement, exclude from the partnership certain property values or types, especially immovable property, the earnings of one spouse, and property used for the exercise of a profession or art.
Unless otherwise provided in the contract, the income from these goods is not included in the partnership.

III. Personal property
Article 260 – Personal property is determined by the property regime contract, the gratuitous acquisition of a third party, or by law.
The personal property of each spouse, as well as the property for which they are entitled to non-pecuniary damages, are their personal property by law.
The assets that a spouse may request as a reserved share cannot be transferred to him/her as personal property by his/her testators to the extent that they are included in the partnership through a property regime agreement.

IV. Proof
Article 261- Unless it is proven that it is the personal property of a spouse, all assets are considered as partnership property.

B. Management and savings
I. Partnership assets
1. Ordinary management
Article 262- Spouses shall manage their partnership property in accordance with the benefit of the marital union.
Within the limits of ordinary management, each spouse can impose obligations on the partnership and dispose of joint property.

2. Extraordinary administration
Article 263- In matters outside of ordinary management, spouses can only impose obligations on the partnership or dispose of property together or by obtaining the consent of one of them.
This consent is deemed to exist for third parties who do not know or are not in a position to know that consent is not present.
The provisions regarding the representation of the marriage union are reserved.

3. Exercising a profession or art with partnership assets
Article 264 – If one of the spouses, with the consent of the other, practices a profession or art on his/her own using the partnership property, he/she can perform all legal transactions related to this profession or art.

4. Acceptance or rejection of inheritance
Article 265- One of the spouses cannot refuse an inheritance that will enter into the partnership property without the consent of the other, nor can he accept the inheritance if the estate is insolvent.
If it is not possible to obtain the consent of the other spouse or if the request in this regard is rejected by him/her without justified reason, the spouse making the request may apply to the court of his/her place of residence.

5. Liability and management expenses
Article 266- In case of termination of community of property, each spouse is responsible as an agent for the transactions related to the community property.
Management expenses are covered from partnership assets.

II. Personal assets
Article 267- Each spouse has the right to manage and dispose of his/her own personal property within legal limits.
If there are incomes that go into personal property, management expenses are covered from these incomes.

C. Liability to third parties
I. Partnership debts
Article 268- Each spouse is liable for the following debts with their personal property and partnership property:
1. Debts incurred based on the authority to represent the marriage union or manage partnership property,
2. Debts incurred due to the practice of a profession or art using partnership property or income from partnership property,
3. Debts that create personal liability for the other spouse,
4. Debts incurred by the spouses by agreeing with third parties that they will be liable for the partnership property as well as their personal property.

II. Personal debts
Article 269 – Each spouse is held responsible for all other debts with their own personal property and half the value of the partnership property.
Claims arising from the enrichment of the partnership are reserved.

D. Debts between spouses
Article 270 – The property regime does not prevent debts between spouses from becoming due. However, if the payment of a debt would put the debtor spouse in significant difficulties that would endanger the marital union, this spouse may request time for payment. If the situation and conditions require it, the judge may hold the requesting spouse responsible for providing security.

E. Termination of the property regime and liquidation
I. The moment of termination
Article 271 – The property regime ends with the death of one of the spouses, the acceptance of another property regime, or the declaration of bankruptcy regarding one of the spouses.
In cases where the court decides to terminate the marriage due to annulment or divorce or to separate the property, the property regime ends as of the date of the lawsuit.
In determining the scope of partnership property and personal property, the date on which the partnership ends is taken as basis.

II. Addition to personal property
Article 272 – Lump sum payments made by social security or social assistance institutions to one of the spouses or compensation paid due to loss of work capacity are taken into account as personal property in the liquidation in the amount of what the income for the following period would have been converted into advance capital on the date of termination of the property regime if a lifetime income had been granted in accordance with the procedure applied by the relevant social security or social assistance institution instead of lump sum payment or compensation.

III. Equalization between personal property and partnership property
Article 273 – If the debts of a spouse regarding personal property have been paid from partnership property or debts regarding partnership property have been paid from personal property, equalization may be requested during liquidation.
Every debt places a liability on the property group to which it is related. If it is not clear to which group the debt belongs, it is considered to be related to the partnership property.

IV. Share of value increase
Article 274 – If a contribution has been made to the acquisition, improvement or preservation of the value of a spouse’s personal property or partnership property, which is included in another property category, the provisions regarding the share in value increase in the regime of participation in acquired property shall apply.

V. Determination of value
Article 275 – When the property regime ends, the moment of liquidation is taken as the basis for the evaluation of existing partnership assets.

VI. Sharing
1. In case of death or acceptance of another property regime
Article 276- In case of termination of the community of property due to the death of one of the spouses or the acceptance of another property regime, half of the community property shall be given to each spouse or their heirs.
Another sharing ratio may be agreed upon through a property regime agreement.
Such agreements cannot harm the reserved shares of descendants.

2. In other cases
Article 277 – In cases of separation of property due to divorce or annulment of marriage or pursuant to a law or court decision, each spouse shall take back from the partnership property those that would be considered his/her personal property in the regime of participation in acquired property.
The remaining partnership property is shared equally between the spouses.
Agreements regarding the change of legal division are only valid if this is expressly provided for in the property regime agreement.

VII. Sharing method
1. Personal property
Article 278- In case the community of property ends due to the death of one of the spouses, the surviving spouse may request that the assets that can be considered as personal property in the regime of participation in acquired properties be given to him/her as an offset against his/her share.

2. Family residence and household goods
Article 279 – If the house or household goods in which the spouses live together are included in the joint property, the surviving spouse may request that the ownership of these be given to him/her in deduction from his/her share.
In case of justified reasons, upon the request of the surviving spouse or other legal heirs of the deceased, usufruct or residence rights may be granted instead of ownership.
If the property community regime ends for a reason other than death, each spouse may put forward the same claims by proving the existence of a superior interest.

3. Other asset values
Article 280- A spouse may request that other assets be given to him/her as a deduction for his/her share by proving the existence of a superior interest.

4. Other sharing rules
Article 281- In other cases, the provisions regarding shared ownership and the sharing of inheritance shall be applied by analogy.

PART TWO
kinship

CHAPTER ONE
ESTABLISHING THE LINEAGE

FIRST DIFFERENCE
GENERAL PROVISIONS
A. Establishing lineage in general
Article 282- Lineage between the child and the mother is established at birth.
Lineage between the child and the father is established by marriage to the mother, recognition or a judge’s decision.
Lineage is also established through adoption.

B. Jurisdiction and procedure in the case
I. Authority
Article 283 – Lawsuits regarding lineage are filed in the court of the place of residence of one of the parties at the time of the lawsuit or birth.

II. Trial procedure
Article 284 – In cases concerning lineage, the Code of Civil Procedure shall be applied, without prejudice to the following rules:
1. The judge investigates the material facts ex officio and freely evaluates the evidence.
2. The parties and third parties are obliged to consent to the investigations and examinations that are necessary for determining lineage and that do not pose a risk to their health. If the defendant does not consent to the investigation and examination prescribed by the judge, the judge may consider the expected result to be against him, depending on the circumstances and conditions.

SECOND DIFFERENCE
HUSBAND’S FATHERHOOD
A. Presumption of paternity
Article 285 – The father of a child born during the marriage or within three hundred days of its termination is the husband.
After this period, the child born can be attached to the husband only if the mother proves that she was pregnant during the marriage.
If the husband is declared missing, the three hundred day period starts from the date of danger of death or the last notice.

B. Denial of lineage
I. Right to sue
Article 286 – (Amended: 7/11/2024-7531/9 art.)
The husband, mother or child may refute the presumption of paternity by filing a lawsuit for the denial of lineage. This lawsuit is filed against other persons who have the right to file a lawsuit.

II. Proof
1. Conception within marriage
Article 287- If the child was conceived during marriage, the plaintiff must prove that the husband is not the father.
A child born at least one hundred and eighty days after marriage and at most three hundred days after the end of marriage is considered to have been conceived in wedlock.

2. Conception before marriage or during separation
Article 288 – If the child was conceived before marriage or during separation, the plaintiff does not need to present any other evidence.
However, if there is convincing evidence that the husband had sexual intercourse with his wife during the period of conception, the presumption of the husband’s paternity remains valid.

III. Limitation periods
Article 289- The husband must file the lawsuit within one year, (…) from the date he learned about the birth and that he was not the father or that the mother had sexual intercourse with another man at the time of conception .
The mother must file a lawsuit within one year from the date of birth and the child must file a lawsuit within one year from the date of adulthood.
If the delay is based on a justified reason, the one-year period begins to run on the date when this reason ceases to exist.

C. Conflict of presumptions
Article 290- If the child is born within three hundred days of the dissolution of the marriage and the mother remarries in the meantime, the husband in the second marriage is considered the father.
If this presumption is refuted, the husband from the first marriage is considered the father.

D. Right of other interested parties to sue
Article 291- (Amended first paragraph: 7/11/2024 – 7531/11 art.) In cases where the husband dies or is declared missing or permanently loses his ability to discern before the period for filing a lawsuit expires, the person claiming to be the father, the husband’s descendants, mother or father, may file a lawsuit for denial of lineage within one year from the date they learned about the birth and the husband’s death, his permanent loss of ability to discern or the decision to declare him missing.
The trustee to be appointed for a minor child shall file a lawsuit for the rejection of lineage within one year, (…) starting from the notification of the appointment decision.
The provisions regarding the lawsuit for denial of lineage filed by the husband are applied by analogy.

E. Later marriage
Condition I
Article 292- A child born out of wedlock is automatically subject to the provisions pertaining to children born within wedlock if their parents marry each other.

II. Notification
Article 293- Spouses are obliged to report their joint children born outside of marriage to the civil registry officer at their place of residence or where the marriage took place, either during or after the marriage.
Failure to notify does not prevent the child from being subject to the provisions regarding children born in wedlock.
When the parents of children whose lineage has been previously established through recognition or paternity, marry each other, the civil registry officer carries out the necessary procedures ex officio.

III. Objection and cancellation
Article 294- The legal heirs of the mother and father, the child and the public prosecutor may object to the establishment of lineage through subsequent marriage. The objector is obliged to prove that the husband is not the father.
The descendants of the child also have the right to object if the child is deceased or has permanently lost his or her ability to distinguish.
Provisions regarding the cancellation of recognition are applied by analogy.

THIRD SECTION
RECOGNITION AND PATERNITY DECISION
A. Recognition
I. Conditions and form
Article 295- Recognition is made by the father’s written application to the civil registry officer or the court, or by a declaration in an official document or in his will.
If the person making the declaration of recognition is a minor or incapacitated, the consent of the parent or guardian is also required.
A child who has a lineage relation with another man cannot be recognized unless this bond is invalidated.

II. Notification
Article 296 – The civil registry officer, justice of the peace, notary or judge who opens the will to whom the declaration is made shall notify the civil registry offices where the father and the child are registered of the recognition.
The civil registry office where the child is registered also notifies the child, his/her mother, and, if the child is under guardianship, the guardianship authority.

III. Annulment case
1. The right of the person who recognizes to sue
Article 297- The recognizer may sue for the cancellation of the recognition on the grounds of mistake, deception or intimidation.
An annulment suit is filed against the mother and the child.

2. Right of the interested parties to sue
a. In general
Article 298- The mother, the child and, in case of the child’s death, the descendants, the public prosecutor, the Treasury and other interested parties may file a lawsuit for the annulment of the recognition.
The lawsuit is filed against the acquaintance or, if the acquaintance is deceased, against his heirs.

b. Burden of proof
Article 299- The plaintiff has the burden of proving that the recognizer is not the father.
In an annulment case filed by the mother or the child claiming that the recognizer is not the father, the burden of proof arises after the recognizer presents convincing evidence that he had sexual intercourse with the mother during the period of conception.

3. Limitation periods
Article 300 – The right of the person who has recognized to sue shall expire one year from the date on which the reason for cancellation is learned or the effect of fear has disappeared, and in any case, five years from the date of recognition.
The right of the interested parties to sue expires one year from the date on which the plaintiff learned of the recognition and that the recognizer could not be the father of the child, and in any case five years after the recognition.
The child’s right to file a lawsuit expires one year after he or she reaches adulthood.
If there is a reason that justifies the delay even though the above periods have passed, a lawsuit can be filed within one month after the reason has disappeared.

B. Paternity rule
I. Right to sue
Article 301- The mother and the child may request that the lineage between the child and the father be determined by the court.
The lawsuit is filed against the father or, if the father is dead, against his heirs.
A paternity suit is reported to the public prosecutor and the Treasury; if the suit is filed by the mother, it is reported to the trustee; if the suit is filed by the trustee, it is reported to the mother.

II. Presumption
Article 302- The defendant’s having sexual intercourse with the mother between the three hundredth day and the one hundred and eightieth day before the birth of the child shall be deemed as a presumption of paternity.
Even if it is outside this period, if it is determined that the defendant had sexual intercourse with the mother during the actual pregnancy period, the same presumption will be valid.
If the defendant proves that it is impossible for him to be the father of the child or that the probability of a third person being the father is greater than his own, the presumption loses its validity.

III. Limitation periods
Article 303- A paternity suit may be filed before or after the birth of the child. The mother’s right to file a lawsuit expires after one year from the birth.
(Repealed second paragraph: By the Constitutional Court’s decision dated 27/10/2011 and numbered E.: 2010/71, K.: 2011/143.)
If there is a lineage relationship between the child and another man, the one-year period begins on the date on which this relationship ends.
If there are reasons that justify the delay after the one-year period has passed, a lawsuit can be filed within one month after the reason has disappeared.

IV. The financial rights of the mother
Article 304 – The mother may request the following expenses to be covered from the father or his heirs, together with or separately from the paternity suit:
1. Birth expenses,
2. Living expenses for six weeks before and after birth,
3. Other expenses required for pregnancy and birth.
Even if the child is stillborn, the judge may decide that these expenses be covered.
Payments made to the mother by third parties or social security institutions are deducted from the compensation to an equitable extent.

FOURTH SECTION
ADOPTION
A. Adoption of minors
I. General conditions
Article 305- The adoption of a minor is subject to the condition that the minor has been cared for and educated by the adopter for one year.
Adoption must in all cases be in the best interest of the minor and must not unfairly harm the interests of the adoptive parent’s other children.

II. Joint adoption
Article 306- Spouses can only adopt a child together; unmarried people cannot adopt a child together.
Spouses must have been married for at least five years or be at least thirty years old.
One of the spouses can adopt the child of the other, provided that they have been married for at least two years or that he or she is over thirty years old.

III. Single parent adoption
Article 307- An unmarried person who is over thirty years of age can adopt a child on his own.
A spouse who is over thirty years of age may adopt a child on his/her own if he/she proves that it is not possible for the other spouse to adopt a child together because of his/her permanent lack of discretion, his/her whereabouts being unknown for more than two years, or living separately from his/her spouse for more than two years as per a court decision.

IV. Consent and age of the minor
Article 308- The adopted child must be at least eighteen years younger than the adoptive parent.
A minor who has the power of discernment cannot be adopted without his/her consent.
A minor under guardianship may be adopted with the permission of the guardianship offices, regardless of whether he or she has the power of discernment.

V. Consent of parents
Figure 1
Article 309- Adoption requires the consent of the minor’s parents.
Consent is expressed verbally or in writing in the court of the place where the minor or his/her parents reside and recorded in the minutes.
The consent given is valid even if the names of the adoptive parents are not stated or the adoptive parents have not yet been identified.

2. Time
Article 310- Consent cannot be given before six weeks have passed since the birth of the minor.
Consent may be withdrawn by the same procedure within six weeks from the date of recording in the minutes.
Consent given again after revocation is final.

3. No consent required
a. Conditions
Article 311- The consent of one of the parents is not required in the following cases:
l. If it is not known who he is or where he has been living for a long time, or if he is permanently deprived of the power of discernment,
2. If the child does not sufficiently fulfill his/her duty of care towards the minor.

b.Decision
Article 312 – If a minor is placed in an institution for the purpose of future adoption and one of the parents lacks consent, the court of the place where the minor resides decides whether or not such consent will be sought upon the request of the adopter or the institution acting as an intermediary in the adoption and, as a rule, before the placement of the minor.
In other cases, the decision on this matter is made during the adoption process.
If consent is not sought because one of the parents does not sufficiently fulfill their duty of care towards the minor, the decision on this matter will be notified to him/her in writing.

B. Adoption of adults and incapacitated persons
Article 313- (Amended first sentence: 3/7/2005-5399/1 art.) With the explicit consent of the adopter’s descendants, an adult or a child under legal age can be adopted in the following cases.
1. If the child is in constant need of assistance due to physical or mental disability and has been cared for and looked after by the adoptive parent for at least five years,
2. If the child has been cared for, looked after and educated by the adopter for at least five years when he/she was a child,
3. If other justified reasons exist and the adopted child has been living together with the adoptive parent as a family for at least five years.
A married person can only adopt with the consent of his/her spouse.
Apart from these, the provisions regarding the adoption of minors are applied by analogy.

C. Provisions
Article 314 – The rights and obligations of parents pass to the adoptive parent.
The adopted child becomes the heir of the adoptive parent.
If the adopted child is a minor, he/she takes the surname of the adopter. If the adopter wishes, he/she can give the child a new name. If the adopted child reaches the age of majority, he/she can take the surname of the adopter if he/she wishes at the time of adoption.
(Abrogation: By the Constitutional Court’s decision dated 26/7/2023 and numbered E.: 2023/3, K.: 2023/139.) (Rearrangement: 7/11/2024-7531/12 art.) In case of joint adoption, the names of the adoptive spouses are written as the mother’s and father’s names; in case of single adoption, the name of the adopter is written as the mother’s or father’s name. This provision shall be applied to other adopted persons upon their request.
In order to ensure that the adopted child’s inheritance and other rights are not impaired and that family ties continue, all kinds of connections are established between the family registry from which the adopted child is transferred and the family registry of the adopter. In addition, the final court decision regarding the adoption is recorded in both population registries.
Records, documents and information regarding adoption cannot be disclosed in any way unless there is a court order or the adoption request is made.

D. Form and method
I. In general
Article 315- The decision for adoption is given by the court of the place of residence of the adopter, and in case of joint adoption, by the court of the place of residence of one of the spouses. The adoption relationship is established with the court decision.
The death or loss of the capacity of the adopter after the application for adoption does not prevent the adoption, unless other circumstances are affected by it.
If the minor becomes an adult after the application, the provisions regarding the adoption of minors shall apply, provided that the conditions have been previously met.

II. Research
Article 316 – A decision on adoption can only be made after a comprehensive investigation of all circumstances and conditions deemed essential, after the adopter and the adopted child are heard, and if necessary, after the opinions of experts are obtained.
In particular, the personality and health of the adopter and the adopted child, their mutual relations, their economic situation, the adopter’s ability to educate, the reasons leading to adoption, and developments in family and care relationships should be clarified in the research.
If the adopter has descendants, their attitudes and thoughts regarding adoption are also taken into consideration.

E. Removal of the adopted relationship
I. Reasons
1. Lack of consent
Article 317- If consent is not obtained without a legal reason, the persons whose consent is required may request the judge to terminate the adoption relationship, if the interests of the minor will not be seriously harmed as a result.

2. Other deficiencies
Article 318 – If the adoption is defective due to one of the other deficiencies related to the principle, the public prosecutor or any relevant person may request the termination of the adoption relationship.
If the deficiencies have been eliminated in the meantime or are merely procedural and the termination of the relationship would seriously harm the interests of the adopted child, this path cannot be taken.

II. Limitation period
Article 319- The right to file a lawsuit expires after one year (…) has passed since the reason for the termination of the adopted relationship became known .

F. Mediation in adoption procedures
Article 320- Mediation activities regarding the adoption of minors can only be carried out by institutions and organizations authorized by the President.
Matters regarding the conduct of intermediary activities are regulated by the regulation issued by the President.

FIFTH SECTION
PROVISIONS OF LINEAGE
A. Surname
Article 321- If the mother and father are married, the child shall bear the family surname; (…). However, if the mother has a double surname due to her previous marriage, the child shall bear her maiden surname.

B. Mutual obligations
Article 322- Mother, father and child are obliged to help each other, show respect and understanding, and observe family honor as required for the peace and integrity of the family.

C. Personal relationship with the child
I. With mother and father
Rule 1
Article 323- Each parent has the right to demand the establishment of appropriate personal relations with a child who is not under their custody or who is not left to them.

2. Boundaries
Article 324- Each parent is obliged to avoid damaging the other’s personal relationship with the child and preventing the child from being educated and raised.
If the child’s well-being is endangered due to personal contact, or if the parents exercise these rights in violation of their obligations stipulated in the first paragraph, or if they do not take serious care of the child, or if there are other important reasons, the right to establish personal contact may be denied or taken away from them.
(Additional third paragraph: 24/11/2021-7343/38 art.) If the mother or father to whom custody is given does not fulfill the requirements of the personal relationship arrangement, custody may be changed provided that it is not against the child’s best interests. This matter is notified to the parties in the decision regarding the establishment of personal relationship.

II. With third parties
Article 325- In cases of extraordinary circumstances, the right to request personal contact with the child may be granted to other persons, especially relatives, to the extent that it is in the child’s best interest.
The limitations foreseen for mothers and fathers apply to third parties by analogy.

III. Authority
Article 326 – The court where the child resides is also authorized in all regulations regarding the establishment of personal relations.
The jurisdiction rules regarding divorce and preservation of the marital union are reserved.
Until an arrangement is made for personal relationship with the child, no personal relationship can be established without the consent of the person who has custody or to whom the child has been entrusted.

D. Covering the care and education expenses of children
I. Scope
Article 327- The expenses necessary for the care, education and protection of the child are covered by the mother and the father.
If the parents are poor or the child’s special situation requires extraordinary expenses, or if there is any extraordinary reason, they may spend a certain amount from their property for the child’s care and education, with the permission of the judge.

II. Duration
Article 328- The parent’s duty of care continues until the child reaches adulthood.
If the child is an adult and his/her education is continuing, the parents are obliged to look after the child until his/her education is completed, to the extent that can be expected from them according to the situation and conditions.

III. Right to sue
Article 329- The mother or father who actually takes care of the minor may file a maintenance lawsuit against the other on behalf of the child.
In cases where a minor lacks the ability to discern, an alimony case may also be filed by the appointed trustee or guardian.
A minor who has the power of discernment can also file a alimony case.

IV. Determination of the amount of alimony
Article 330- The amount of alimony is determined by taking into account the needs of the child and the living conditions and payment capacity of the parents. The income of the child is also taken into account in determining the amount of alimony.
Alimony is paid in advance each month.
Upon request, the judge may decide on the amount of alimony to be paid in the form of income in the coming years, depending on the social and economic situations of the parties.

V. Change of situation
Article 331- In case of change of situation, the judge shall redetermine the amount of alimony or abolish the alimony upon request.

VI. Interim measures
1. In general
Article 332- When an alimony case is filed, the judge takes the necessary measures during the case upon the request of the plaintiff.
If lineage is established, the defendant may be ordered to deposit or temporarily pay the appropriate alimony amount.

2. Before determining paternity
Article 333- Alimony is requested together with the paternity case and if the judge finds the possibility of paternity strong, he can decide on an alimony appropriate for the needs of the child before the verdict.

VII. Providing assurance
Article 334 – If the mother and father do not fulfill their alimony obligations continuously and persistently, or if it can be assumed that they are preparing to escape, spending their property haphazardly or wasting it, the judge may decide to provide appropriate security for future alimony obligations or to take other measures if necessary.

SIXTH SECTION
CUSTODY
A. In general
I. Conditions
Article 335- A minor child is under the custody of his/her mother and father. Custody cannot be taken from the mother or father unless there is a legal reason.
Unless the judge deems it necessary to appoint a guardian, restricted adult children remain under the custody of their mother and father.

II. If the mother and father are married
Article 336- As long as the marriage continues, the mother and father shall exercise custody together.
If the joint life has ended or separation has occurred, the judge may give custody to one of the spouses.
In the event of the death of one of the parents, custody belongs to the surviving party, and in the event of divorce, custody belongs to the party to whom the child is left.

III. If the mother and father are not married
Article 337- If the mother and father are not married, custody belongs to the mother.
If the mother is a minor, incapacitated, or deceased, or if custody is taken from her, the judge appoints a guardian or gives custody to the father, depending on the best interests of the child.

IV. Stepchildren
Article 338- Spouses are obliged to show care and attention to their underage stepchildren.
The other spouse shall assist the spouse who exercises custody over his/her own child in an appropriate manner and shall represent the child for his/her needs to the extent that the situation and conditions require it.

B. Scope of guardianship
I. In general
Article 339- Mother and father shall take and implement the necessary decisions regarding the care and education of the child, taking into account his/her best interests.
The child is obliged to listen to his parents.
Parents give the child the opportunity to organize his life according to his maturity; they take his opinion into consideration as much as possible on important issues.
The child cannot leave the house without the consent of his/her parents and cannot be taken away from them without legal cause.
The child’s name is given by his parents.

II. Education
Article 340- Mother and father educate the child according to their means and ensure and protect his physical, mental, spiritual, moral and social development.
Parents provide general and vocational education to their children, especially those with physical and mental disabilities, in accordance with their abilities and inclinations.

III. Religious education
Article 341- The right to determine the religious education of the child belongs to the mother and father.
Any contract that limits the rights of the mother and father in this regard is invalid.
Ergin is free to choose his religion.

IV. Representation of the child
Article 342- Mothers and fathers are the legal representatives of their children against third parties within the framework of their custody.
Well-intentioned third parties may assume that each spouse has acted with the consent of the other.
The provisions regarding the representation of the disabled, except for matters subject to the permission of the guardianship authorities, also apply to representation in guardianship.

V. The child’s capacity to act
Article 343- The legal capacity of a child under guardianship is the same as that of a person under guardianship.
The child is responsible for his/her debts with his/her own property, regardless of the rights of the parents over the child’s property.

VI. The child represents the family
Article 344- If the child under guardianship has the power of discernment, he/she can carry out legal transactions on behalf of the family with the consent of the mother and father; the mother and father will become liable due to these transactions.

VII. Legal transactions between the child and the mother and father
Article 345- In order for a child to incur a debt through a legal transaction to be made between the child and the mother or father, or between the child and a third person for the benefit of the mother or father, the child is subject to the participation of a trustee and the approval of the judge.

C. Protection of the child
I. Protection measures
Article 346- If the child’s interests and development are in danger and the parents cannot find a solution to the situation or are unable to do so, the judge shall take appropriate measures to protect the child.

II. Placement of children
Article 347- If the physical and mental development of the child is in danger or the child is morally abandoned, the judge may take the child from the mother and father and place him with a family or in an institution.
If the child’s stay within the family disrupts the peace of the family to a degree that they cannot be expected to tolerate, and if there is no other solution depending on the requirements of the situation, the judge may take the same measures upon the request of the mother, father or the child.
If the mother, father and the child do not have the financial means to pay, the expenses required for these measures are covered by the State.
The provisions regarding alimony are reserved.

III. Abolition of guardianship
1. In general
Article 348- If other measures for the protection of the child fail to yield results or if it is determined in advance that these measures will be inadequate, the judge decides to abolish custody in the following cases:
1. (Amended: 1/7/2005-5378/38 art.) Inability of the mother or father to properly perform their parental duties due to inexperience, illness, being elsewhere or similar reasons.
2. The parents’ failure to show sufficient interest in the child or their gross negligence in their obligations towards him/her.
If custody is removed from both parents, a guardian is appointed for the child.
Unless otherwise stated in the decision, the removal of custody covers all existing and future children.

2. In case of remarriage of the mother or father
Article 349- The remarriage of the parent who has custody does not necessitate the removal of custody. However, when the child’s best interests require it, the parent can be changed, or, depending on the circumstances and conditions, custody can be removed and a guardian appointed for the child.

3. Obligations of parents in case of removal of custody
Article 350- In case of abolition of custody, the obligation of the parents to cover the care and education expenses of their children continues.
If the mother, father and the child do not have the financial means to pay, these expenses are covered by the State.
The provisions regarding alimony are reserved.

IV. Change of situation
Article 351- If the situation changes, the measures for the protection of the child must be adapted to the new conditions.
If the reason requiring the removal of custody is no longer present, the judge may return custody ex officio or upon the request of the mother or father.

SEVENTH SECTION
CHILDREN’S GOODS
A. Management
I. In general
Article 352- Mother and father have the right and responsibility to manage the child’s property as long as their custody continues; as a rule, they do not provide accountability or security.
In cases where parents do not fulfill their obligations, the judge intervenes.

II. When the marriage ends
Article 353 – After the marriage ends, the spouse who has custody must submit to the judge a ledger showing the child’s assets and report any significant changes in these assets or investments.

B. Right of use
Article 354- Parents can use the property of the child unless their custody is revoked due to their fault.

C. Consumption of income
Article 355- Mothers and fathers may spend the income from the child’s property primarily for the care, upbringing and education of the child, and to meet the family’s needs to the extent that it complies with equity.
Excess income goes into children’s property.

D. Partial consumption of children’s goods
Article 356- Payments, compensations and similar acts in the form of capital may be used partially for the care of the child to the extent that ordinary needs require.
If it is necessary for the care, upbringing and education of the child, the judge may grant the mother and father the authority to apply for the child’s other property in the amounts they determine.

E. Free assets of the child
I. Benefits
Article 357- Mothers and fathers cannot spend the income from the child’s contributions for their own benefit, such as opening an interest-bearing investment or savings account, or using the income from the child’s contributions, unless the mother or father explicitly uses it.
Unless the person making the donation explicitly states otherwise at the time of donation, the mother and father have the right to manage them.

II. Reserved share
Article 358- The child’s reserved share can be left outside the management of the mother and father through testamentary disposition.
If the testator has left the administration to a third person, he may stipulate in his disposition that this person shall be accountable to the justice of the peace at certain times.

III. Property and personal gain given for profession or art
Article 359- The child has the right to manage and benefit from the portion of his/her own property given to him/her by his/her parents to engage in a profession or art, or from his/her own personal earnings.
If the child lives at home with his/her parents, the parents may ask him/her to make an appropriate contribution to his/her care.

F. Protection of children’s property
I. Precautions
Article 360- If the mother and father do not show sufficient care in managing the child’s property for whatever reason, the judge shall take appropriate measures to protect the property.
The judge may give instructions, especially regarding the management of the assets; if he finds the information and account given at certain times insufficient, he may decide to deposit the assets or provide security.

II. Taking over the management from parents
Article 361- If the child’s property cannot be prevented from being endangered in any other way, the judge may decide to transfer the management to a trustee.
When the child’s property, which does not belong to the parents, is in danger, the judge may decide to take the same measures.
If there is any doubt that the income from the child’s property or certain amounts set aside from these properties will be spent in accordance with the law, the judge may entrust their management to a trustee.

G. Termination of administration
I. Transfer of goods
Article 362- When their custody or management rights end, the mother and father transfer the child’s property, together with the account, to the adult child, his/her guardian or trustee.

II. Responsibility of parents
Article 363- Mother and father are responsible as representatives for the return of the child’s property.
In accordance with the rule of honesty, they are obliged to return only the value they received in exchange for the goods they transferred to someone else.
In accordance with the law, they are not liable to pay compensation for the expenses they have incurred for the child or family.

CHAPTER TWO
FAMILY

FIRST DIFFERENCE
ALIMONY OBLIGATION
A. Alimony payers
Article 364- Everyone is obliged to provide maintenance to his ascendants, descendants and siblings who would fall into poverty if he did not help them.
The maintenance obligations of siblings depend on their well-being.
Provisions regarding the maintenance obligations of the spouse and the mother and father are reserved.

B. Right to sue
Article 365- Alimony lawsuits are filed by taking into account the order of inheritance.
The lawsuit is a request for assistance necessary for the plaintiff’s livelihood and in accordance with the financial strength of the other party.
If it is unfair to request alimony from one or more of the obligors, the judge may reduce or remove their alimony obligations.
The lawsuit may also be filed by official or public benefit institutions that are looking after the alimony creditor.
Upon request, the judge may decide on the amount of alimony to be paid in the form of income, depending on the social and economic situations of the parties in the coming years.
The competent court is the court of the place of residence of one of the parties.

C. Persons in need of protection
Article 366- The care of people in need of protection is provided by institutions that are responsible for this. These institutions may request the expenses they incur from relatives who are liable for alimony.

SECOND DIFFERENCE
HOME ORDER
A. Conditions
Article 367- If a group of more than one person living as a family has a head of household determined by law, contract or custom, the authority to manage the household belongs to him.
The authority to manage the house covers all those living together as members of the household due to blood or in-law kinship, workmanship, apprenticeship or similar reasons, or in a relationship of protection and supervision.

B. Provisions
I. Housekeeping and supervision
Article 368- People living together are subject to the order of the house. In establishing this order, the interests of each member of the house are fairly taken into consideration.
Each member of the household enjoys the freedom necessary for his or her education, training, religious beliefs, profession and art.
The head of the household is responsible for carefully protecting and keeping safe the belongings of those living together in the house.

II. Responsibility
Article 369 – The head of the household is liable for the damage caused by a minor, a disabled person, a mentally ill person or a mentally weak person, unless he proves that he habitually supervised him with the care and attention required by the circumstances or that he could not have prevented the damage even if he had exercised this care and attention.
The head of the household is responsible for taking the necessary precautions to ensure that members of the household who are mentally ill or mentally weak do not endanger or harm themselves or others.
In case of necessity, requests the competent authority to take the necessary measures.

III. The equalization receivables of descendants
1. Conditions
Article 370- Adult descendants who live with their mother and father or grandparents and who allocate their labor or income to the family may demand a suitable fee in return.
In case of dispute, the judge decides on the amount of the fee, its security and the method of payment.

2. Wanted
Article 371- The descendants may claim this amount in the event of the death of the debtor.
The creditor may also claim this receivable in the event of the debtor’s health, termination of cohabitation or change of ownership of the business, enforcement proceedings against the debtor or his bankruptcy.
This receivable is not time-barred, but it can be claimed at the latest until the moment the debtor’s estate is divided.

THIRD SECTION
FAMILY PROPERTIES
A. Family foundation
Article 372- A family foundation may be established in accordance with the provisions of the law of persons and the law of inheritance to meet the expenses required for the education and training of family members, their equipment and support, and similar purposes.
It is forbidden to allocate a property or right to descendants of the same lineage from generation to generation, without passing it on to others. Such an allocation cannot be made through the establishment of a foundation either.

B. Family property partnership
I. Formation
1. Conditions
Article 373 – Relatives may establish a family property partnership with all or part of the inheritance they inherit, or by adding other properties to the mix.

Figure 2
Article 374 – The family property partnership contract must be made officially and must bear the signatures of all partners or their representatives.

II. Duration
Article 375- Family property partnerships may be established for a definite or indefinite period. If no period is determined, each partner may withdraw from the partnership, provided that he/she gives six months’ notice.
In a partnership with an agricultural holding, this notification applies only to the end of the normal harvest season depending on where the products are grown.

III. Provision
1. Cooperative business
Article 376- Family property partnership unites partners to engage in joint economic activities.
Unless otherwise agreed, each partner has equal rights.
Partners cannot demand their shares as long as the partnership continues, nor can they make any savings on these shares.

2. Management and representation
a. In general
Article 377- Family property partnership is managed with the cooperation of all partners.
Each partner can carry out ordinary management tasks without the participation of other partners.

b. Authority of the manager
Article 378- Partners may appoint one of them as a manager of the partnership.
The manager manages the partnership and represents it in partnership-related transactions.
Unless it is recorded in the trade registry who will represent the partnership, it cannot be claimed against bona fide third parties that the other partners do not have the authority to represent.

3. Common and personal property
Article 379- Partners are joint owners of the assets in the partnership.
Partners are jointly and severally liable for the partnership’s debts.
The properties that the partners leave outside the partnership and, unless otherwise agreed upon, the properties they acquire through inheritance or any other means of free acquisition during the partnership are their personal properties.

IV. Termination of the partnership
1. Reasons
Article 380- Partnership ends in the following cases:
1. With the agreement of all partners or notification of dissolution,
2. Upon the expiration of the partnership period, unless the term is extended explicitly or implicitly,
3. Requesting the seizure and sale of the share of one of the partners,
4. In case of bankruptcy of one of the partners,
5. At the request of one of the partners based on a justified reason.

2. Notice of termination, inability to pay, marriage
Article 381- If one of the partners declares dissolution or goes bankrupt, or if the sale of a partner’s seized share is requested, the other partners may continue the partnership among themselves by paying the rights of the resigned partner or his creditors.
A partner who gets married may request that his rights in the partnership be paid to him without the need for notice of dissolution.

3. Death
Article 382- In case of death of one of the partners, his heirs who are not included in the partnership can only demand payment of the share that fell to the deceased partner.
If the deceased partner leaves descendants as heirs, they can enter the partnership in his place with the consent of the other partners.

4. Sharing rules
Article 383- The division of partnership assets or the calculation of the share of the retiring partner is made according to the value and condition of the partnership assets at the time of division or separation.
Sharing and accounting cannot be requested at an inappropriate time.

V. Family property partnership with profit sharing
1. Subject
Article 384 – Partners may, through a contract between themselves, entrust the representation of the partnership and the management of the partnership’s assets to one of them, provided that they are given a certain share of the annual profit.
This share, unless otherwise agreed upon, shall be determined fairly by taking into account the average profits of the partnership assets over a reasonably long period and the work and expenses of the operating partner.

2. Special reasons for termination
Article 385- If the partner who undertakes the management and representation does not manage the goods properly or does not fulfill his obligations, the partners have the right to request the dissolution of the partnership.
Upon a request by one of the partners based on justified reasons, the judge may decide that this partner shall participate in the management and use of the partnership assets together with the partner who undertook the business and representation, taking into account the rules of sharing in the inheritance.
The rules regarding partnerships operated jointly by partners also apply to family property partnerships where profits are shared.

C. Family residence
I. In general
Article 386 – Houses and real estate suitable for agriculture or industry can be converted into family homes together with their annexes.

II. Establishment
1. Conditions
Article 387 – The size of the real estate to be converted into a family home cannot exceed the size required for the normal subsistence and shelter of a family, regardless of the mortgage rights on it and the other assets of the owner.
Unless a temporary exception is accepted by the court based on justified reasons, the owner must operate the real estate or the facility on it or live in the house.

2. Method and form
a. Advertisement
Article 388 – Creditors and persons whose rights may be impaired due to the establishment of a family home are invited to submit their objections within two months through a court announcement prior to the establishment.
The situation is also notified to those whose receivables are secured by real estate mortgages and to creditors with liens.

b. Protection of the rights of third parties
Article 389 – If the real estate to be converted into a family dormitory has the necessary conditions for it to be a dormitory and third parties do not object to the establishment of the dormitory or if the objection is found to be unjust, the court will allow the establishment.
Unless it is proven that the interest of the creditors who object within the period has been cut off or the liens and seizures on the real estate are removed, permission cannot be granted to establish a family home. Even if the debt is due in favor of the objecting or secured creditor, the debtor who wants to establish a family home can make immediate payment.

c. Annotation to the land registry
Article 390- Converting a real estate into a family home is only possible by annotating the court decision regarding the permission to the real estate in the land registry; this matter is announced by the court.

III. Results
1. Limitation of the right to disposition
Article 391- Real estates converted into family dormitories cannot be transferred, mortgaged or rented.
Compulsory enforcement cannot be applied to the family dormitory and its annexes, provided that the case of administration by the court is reserved.

2. Accepting blood relatives into the family home
Article 392 – The court may decide to accept the owner’s ascendants, descendants and siblings who are in need of admission to the family home due to poverty and who do not have conditions that would prevent their admission.

3. The owner’s inability to pay.
Article 393- If the owner becomes incapable of paying his debts, a manager is appointed by the court to manage the family home.
The administrator manages the dormitory in accordance with its purpose and the interests of the creditors.
Creditors receive their rights according to the date and order of the bankruptcy in the insolvency documents.

IV. Termination
1. In case of death of the owner
Article 394 – The continuation of the family home after the death of the owner depends on a testamentary disposition being made regarding the transfer of the real estate to the heirs as a home.
If there is no such disposition, the entry regarding the country in the land registry is deleted when the owner dies.

2. In the health of the owner
Article 395- The owner may terminate the residence while he is alive.
For this purpose, the owner applies to the court with a petition to delete the record in the land registry; this request is announced by the court.
If no objection is made within two months from the date of announcement or if the objection is found to be unjust, the court will allow the record in the register to be deleted.

PART THREE
TUTELAGE

CHAPTER ONE
GUARDIANSHIP ORDER

FIRST DIFFERENCE
GUARDIANSHIP BODIES
A. In general
Article 396- Guardianship bodies are guardianship offices and guardians and trustees.

B. Guardianship offices
I. Public tutelage
Article 397- Public guardianship is carried out by guardianship departments consisting of a guardianship authority and a supervisory authority.
The guardianship authority is the civil court of peace; the supervisory authority is the civil court of first instance.

II. Special tutelage
1. Conditions
Article 398 – Guardianship may be exceptionally given to a family if the interests of the person under guardianship justify it, especially if it is necessary to continue a business, a partnership or similar business.
In this case, the authority, duties and responsibilities of the guardianship authority are transferred to the family council to be established.

2. Establishment
Article 399 – Special guardianship is established by the supervisory authority upon the request of two close relatives of the person under guardianship who have legal capacity or of one relative and his/her spouse.

3. Family council
Article 400 – The family council consists of at least three relatives of the person under guardianship who are qualified to be guardians and who are appointed by the supervisory authority for a period of four years.
The spouse of the person under guardianship can also be a member of the family council.

4. Assurance
Article 401- Family council members must give assurance that they will fulfill their duties properly.
Special guardianship cannot be established without providing security.

5. Termination
Article 402- If the family council does not fulfill its duty or if the interests of the person under guardianship require it, the supervisory authority may change the family council at any time and may also terminate the special guardianship.

C. Guardian and trustee
Article 403- The guardian is obliged to protect all interests of the minor or incapacitated person under guardianship regarding his/her person and property and to represent him/her in legal proceedings.
A trustee is appointed to handle certain matters or manage assets.
The provisions of this Law regarding the guardian shall also apply to the trustee unless otherwise stated.

SECOND DIFFERENCE
CASES REQUIRING GUARDIANSHIP
A. Childhood
Article 404- Every minor who is not under guardianship shall be placed under guardianship.
Civil registry officers, administrative authorities, notaries and courts who learn of such a situation requiring guardianship while performing their duties must immediately report this situation to the competent guardianship authority.

B. Restriction
I. Mental illness or mental impairment
Article 405- Any adult who is unable to perform his duties due to mental illness or mental weakness, or who requires constant assistance for his protection and care, or who endangers the safety of others, shall be restricted.
Administrative authorities, notaries and courts that learn of a situation requiring guardianship while performing their duties must immediately notify the competent guardianship authority of this situation.

II. Extravagance, alcohol or drug abuse, bad lifestyle, bad management
Article 406- Any adult who, because of his extravagance, alcohol or drug addiction, bad lifestyle or mismanagement of his property, puts himself or his family in danger of poverty or hardship and therefore needs constant protection and care or endangers the safety of others, shall be restricted.

III. Punishment restricting freedom
Article 407- (Amended: 2/3/2024-7499/5 art.)
An adult person who is in a penal institution for the purpose of executing a final prison sentence may be restricted or a guardian may be appointed to him/her upon his/her request.
An adult who is in a penal institution for the purpose of executing a final sentence of imprisonment of five years or more may be restricted, even if he/she does not request it, if it is deemed necessary for the protection of his/her person or property. The authority responsible for executing the sentence shall immediately notify the guardianship authority that the execution of the prison sentence has begun.
The guardianship authority listens to the convict before making a decision.
The provisions of this Law regarding trusteeship shall also apply to this article to the extent that they are consistent with its nature.

IV. Upon request
Article 408- Any adult who proves that he is unable to manage his affairs properly due to old age, disability, inexperience or serious illness may request restriction.

C. Procedure
I. Hearing of the relevant person and expert report
Article 409- No one can be restricted because of his extravagance, alcohol or drug addiction, bad lifestyle, bad management or desire without being heard.
Decisions on restriction due to mental illness or mental impairment can only be made based on an official health board report. (Amended sentence: 2/3/2024-7499/6 art.) If there is a need for the preparation of an official health board report, the provisions of article 436 shall apply. Before making a decision, the judge may hear the person whose restriction is requested, taking into account the board report.

II. Announcement
Article 410- Once the restriction decision becomes final, it shall be immediately announced in the place of residence and place of registration of the restricted person.
The restriction does not affect bona fide third parties before the announcement.
Provisions regarding the consequences of not having the power of discernment are reserved.

THIRD SECTION
AUTHORITY
A. Authority in guardianship matters
Article 411- Authority in guardianship matters belongs to the guardianship offices in the place of residence of the minor or incapacitated person.

B. Change of place of residence
Article 412- A person under guardianship cannot change his place of residence without the permission of the guardianship authority.
In case of change of place of residence, the authority is transferred to the new guardianship offices. In this case, the restriction is announced in the new place of residence.

FOURTH SECTION
APPOINTMENT OF GUARDIAN
A. Conditions
I. In general
Article 413- The guardianship authority appoints an adult who is capable of performing this duty as guardian.
If necessary, more than one guardian may be appointed to carry out this duty together or individually in accordance with their powers determined by the guardianship authority.
More than one person cannot be assigned to jointly carry out the guardianship without their consent.

II. Priority of spouse and relatives
Article 414- Unless justified reasons prevent it, the guardianship authority shall first appoint the spouse or one of the close relatives of the person to be placed under guardianship to this duty, provided that they meet the conditions for guardianship. In this appointment, the proximity of the settlements and personal relationships shall be taken into consideration.

III. Request of the interested parties
Article 415- Unless justified reasons prevent it, the person to be placed under guardianship or the person indicated by the mother or father shall be appointed as guardian.

IV. Obligation to accept guardianship
Article 416- Those appointed as guardians from among those residing in the place of residence of the person placed under guardianship are obliged to accept this duty.
There is no obligation to accept guardianship in case of appointment by the family council.

V. Reasons for avoiding guardianship
Article 417- The following persons may not accept guardianship:
l. Those who have reached the age of sixty,
2. Those who have difficulty performing this task due to physical disabilities or chronic illnesses,
3. Those who are parents of more than four children,
4. Those who have guardianship duties,
5. The President, members of the Turkish Grand National Assembly, vice presidents, ministers, members of the judicial and prosecutor professions.

VI. Reasons preventing guardianship
Article 418- The following persons cannot be guardians:
1. Restricted,
2. Those who are banned from public service or who lead a dishonorable life,
3. Those whose interests conflict significantly with the interests of the person to be appointed as guardian or who have hostility towards him/her,
4. Judges of the relevant guardianship offices.

B. Appointment method
I. Appointment of guardian
Article 419- The guardianship authority is obliged to appoint a guardian without delay.
When necessary, a decision can be made to restrict those who are not yet adults; however, the decision to restrict becomes effective after they reach adulthood.
As a rule, restricted adult children are not placed under guardianship but are left under custody.

II. Interim measures
Article 420- If guardianship matters make it necessary, the guardianship authority shall take the necessary measures ex officio before the appointment of the guardian; in particular, it may temporarily revoke the legal capacity of the person whose restriction is requested and appoint a representative for him.
The decision of the guardianship authority is announced.

III. Notification and announcement
Article 421- The appointment decision shall be notified to the guardian immediately.
The decision regarding the restriction and appointment of a guardian or, if the restricted person is left under guardianship, the decision regarding this is announced in the place of residence of the restricted person and in the place where he/she is registered.

IV. Avoidance and objection
1. Procedure
Article 422- The person appointed as guardian may exercise his right to refrain from guardianship within ten days from the notification of this situation.
Anyone concerned may claim that the appointment is unlawful within ten days from the day they learn that the guardian has been appointed.
If the guardianship authority deems the reason for refusal or objection to guardianship to be appropriate, it appoints a new guardian; if it deems it not appropriate, it notifies the supervisory authority of the situation with its opinion on the matter in order to make the necessary decision.

2. Temporary duty
Article 423- The person appointed as guardian is obliged to fulfill the duties of a guardian until someone else is appointed in his place, even if he has refused to be guardian or if his appointment is objected to.

3. Decision
Article 424 – The supervisory authority shall notify the person appointed as guardian and the guardianship authority of the decision it will make.
If the person appointed as guardian is removed from office, the guardianship authority immediately appoints a new guardian.

V. Assignment of the task
Article 425- Once the appointment decision becomes final, the guardianship authority shall carry out the necessary procedures for the guardian to begin his duties.

FIFTH SECTION
TRUSTEESHIP AND LEGAL CONSULTANCY
A. Circumstances requiring receivership
I. Representation
Article 426 – The guardianship authority appoints a representative trustee upon the request of the person concerned or ex officio in the cases listed below or in other cases specified in the law:
1. If an adult person is unable to undertake urgent business himself or appoint a representative due to illness, being elsewhere or a similar reason,
2. If the interests of the legal representative and the interests of the minor or the disabled person conflict in a matter,
3. If there is an obstacle for the legal representative to fulfill his duty.

II. Administration
1. According to the law
Article 427 – The guardianship authority shall take the necessary measures for the property whose management does not belong to anyone and appoint a management trustee, especially in the following cases:
1. If a person cannot be found for a long time and his place of residence is unknown,
2. If a person lacks the capacity to manage his/her property on his/her own or to appoint a representative for this purpose, although there is no sufficient reason for his/her being placed under guardianship.
3. If the rights of inheritance in an estate are not yet clear or if the interests of the fetus make it necessary,
4. If a legal entity lacks the necessary organs and its management cannot be ensured by any other means,
5. If a way to manage or spend money and other aid collected from the public for a charity or other work of general benefit has not been provided.

2. On request
Article 428- If one of the reasons for an optional restriction exists, a guardian may be appointed to an adult person upon his/her request.

B. Legal advice
Article 429- A legal advisor shall be appointed to an adult whose legal capacity is deemed necessary to be restricted for the protection of an individual, even if there is no sufficient reason for such restriction, in order to obtain his/her opinion on the following matters:
1. Filing a lawsuit and reaching an agreement,
2. Purchase, sale, mortgage of real estate and establishment of other real rights on them,
3. Purchase, sale and pledge of negotiable instruments,
4. Construction works outside the ordinary management boundaries,
5. Lending and borrowing,
6. Receiving the principal,
7. Forgiveness,
8. Undertaking a foreign exchange commitment,
9. Don’t be a guarantor.
Under the same conditions, a person’s right to manage his assets may be revoked, subject to the right to dispose of his income as he wishes.

C. Authority
Article 430- The representative trustee is appointed by the guardianship authority of the place of residence of the person to whom the trustee will be appointed.
The management trustee is appointed by the guardianship authority where the majority of the assets are managed or where the assets belonging to the person represented are located.

D. Procedure
Article 431- The rules regarding the appointment of the guardian also apply to the appointment of the trustee and legal advisor.
The decision to appoint a trustee or legal advisor is only announced if the guardianship authority deems it necessary.

SIXTH SECTION
RESTRICTION OF FREEDOM FOR PROTECTION PURPOSES
A. Conditions
Article 432- Any adult who poses a danger to society due to mental illness, mental deficiency, alcohol or drug addiction, a contagious disease posing a serious danger, or vagrancy, may be placed in a suitable institution for treatment, education or rehabilitation or detained, if his personal protection cannot be ensured in any other way. Public officials who learn of the existence of one of these reasons while performing their duties must immediately report this situation to the competent guardianship authority.
In this regard, the burden that a person brings to his/her environment is also taken into consideration.
The person concerned is removed from the institution as soon as his/her condition permits.

B. Authority
Article 433 – The authority to decide on placement or detention belongs to the guardianship authority where the person concerned resides or, in cases where delay would be prejudicial, where he is located.
The guardianship authority that decides on placement or detention is also authorized to remove from the institution.

C. Notification obligation
Article 434 – If a restricted person is placed in an institution or detained, or if it is deemed necessary to take other measures regarding guardianship regarding an adult person, the guardianship authority where the person is located or the relevant persons specified in special laws are obliged to report the situation to the guardianship authority where the person is located.

D. Objection
Article 435- The person placed in the institution or his/her relatives may object to the supervisory authority against the decision made within ten days from the date of notification to them.
This right can also be used in case the request for expulsion from the institution is rejected.

E. Procedure
I. In general
Article 436 – Restriction of freedom for protective purposes is subject to the Code of Civil Procedure, subject to the following rules:
1. When making a decision, the person concerned must be informed of the reasons for this and his/her attention must be drawn in writing to the fact that he/she may appeal against the decision to the supervisory authority.
2. A person placed in an institution shall be immediately notified in writing that he/she may appeal to the supervisory authority against the decision to detain him/her or the refusal of his/her request for removal from the institution within ten days at the latest.
3. Any request requiring a court decision shall be delivered to the competent judge without delay.
4. The guardianship authority or judge that made the placement decision may postpone the consideration of this request depending on the characteristics of the situation.
5. Decisions can only be made about those with mental illness, mental retardation, alcohol or drug addiction, or a contagious disease that poses a serious danger after receiving an official health board report. (Repealed sentence: 6/12/2019-7196/53rd article) (…)
6. (Added: 6/12/2019-7196/53md.) (Amended: 2/3/2024-7499/7 art.) In order to ensure that the official health board report can be obtained; blood or similar biological samples, hair, saliva, nail samples can be taken from the person’s body, the necessary medical interventions can be performed on the person and, if necessary, the person can be placed in a health institution for a maximum of twenty days upon the preliminary report of the physician. The placement decision given upon the preliminary report of the physician is immediately notified to the relevant person and relatives. The relevant person or relatives can object to this decision to the supervisory authority within ten days from the notification, and the objection made does not stop the execution of the decision. The objection is decided urgently by the supervisory authority.
7. (Added: 6/12/2019-7196/53md.) If necessary, force may be used against the relevant person and necessary medical assistance may be obtained from health officials for the execution of the decisions taken within the scope of this article.

II. Trial procedure
Article 437- The judge shall decide in accordance with the simple trial procedure.
When necessary, legal aid is provided to the relevant person.
(Amended paragraph: 6/12/2019-7196/54 art.) The judge listens to the person concerned, completes the investigation and gives his decision without delay, within two days at the latest.

CHAPTER TWO
EXECUTION OF GUARDIANSHIP

FIRST DIFFERENCE
DUTIES OF THE GUARDIAN
A. Commencement of duty
I. Bookkeeping
Article 438- Once the decision to appoint a guardian is finalised, a book of the assets to be managed shall be kept without delay by the guardian and a person to be appointed by the guardianship authority.
If the person under guardianship has the power of discernment, he/she shall be present when the book is kept, if possible.
If the conditions require, the supervisory authority may, upon the request of the guardian and the guardianship authority, decide to keep an official book of the person under guardianship’s assets. This book has the same consequences for creditors as the official book of inheritance and is kept in accordance with the procedure therein.

II. Preservation of valuables
Article 439- Valuable papers, valuable items, important documents and the like shall be placed in a safe place under the supervision of the guardianship authority, unless there is a problem in terms of the management of the assets.

III. Sale of movables
Article 440- If the interests of the person under guardianship require it, movables other than valuables shall be sold by auction in accordance with the instructions given by the guardianship authority. The judge may also decide on a sale by bargaining, taking into account special circumstances, the nature of the movable or its low value.
Things of special value to the person under guardianship or to his family cannot be sold unless necessary.

IV. Deposit of funds
1. Deposit obligation
Article 441- The money not required for the person under guardianship or for the management of his/her assets shall be deposited in a national bank determined by the guardianship authority to yield interest or converted into securities issued by the Treasury.
The custodian who delays the deposit of the money for more than one month is liable to pay the loss of interest.

2. Transformation of investments
Article 442- Investments that are not sufficiently reliable are transformed into safe investments.
The conversion process must be carried out at the appropriate time and in the best interests of the person under guardianship.

V. Commercial and industrial enterprises
Article 443- If the person under guardianship has a commercial, industrial or similar enterprise among his assets, the guardianship authority shall give the necessary instructions for the continuation of their operation or their liquidation.

VI. Sale of real estate
Article 444- The sale of real estate is possible only upon the instructions of the guardianship authority and only in cases where the interests of the person under guardianship make it necessary.
The sale is made by auction by a person to be assigned by the guardianship authority, with the guardian present, and the tender is completed with the approval of the guardianship authority; the decision regarding the approval must be given within ten days starting from the day of the auction.
However, the auditing authority may exceptionally decide on a sale by bargaining, taking into account special circumstances, the nature of the real estate or its low value.

B. Care and representation
I. Care for the person
1. In minors
a. In general
Article 445- If the person under guardianship is a minor, the guardian is obliged to take the necessary measures for his care and education.
The guardian has the same authority as the mother and father in this matter, provided that the provisions regarding the authority of the guardianship offices are reserved.

b. Restriction of freedom for protection purposes
Article 446- The guardianship authority, or the guardian himself/herself in cases where there is a risk of delay, decides on the placement of minors in an institution for protection purposes upon the application of the guardian, and immediately notifies the guardianship authority of the situation.
Apart from this, in matters related to procedure and authority, provisions regarding the restriction of freedom of adults, whether restricted or not, are applied for their protection.
A child who has not yet reached the age of sixteen cannot apply to the court in person on this matter.

2. In the restricted
Article 447- The guardian is obliged to protect the incapacitated person and assist him in all his personal affairs.
In cases where delay is dangerous, the guardian may place the person in custody in an institution or detain him/her there in accordance with the provisions regarding restriction of liberty for protection purposes and immediately notify the guardianship authority of the situation.

II. Representation
1. In general
Article 448- The guardian shall represent the person under guardianship in all legal proceedings, without prejudice to the provisions regarding the powers of the guardianship offices.

2. Prohibited transactions
Article 449 – It is forbidden to act as a guarantor, establish a foundation or make significant donations on behalf of a person under guardianship.

3. Obtaining the opinion of the person under guardianship
Article 450 – If the person under guardianship has the ability to form and express his/her opinions, the guardian is obliged to obtain his/her opinion, to the extent possible, before making decisions on important matters.
The fact that the person under guardianship finds the job appropriate does not relieve the guardian from liability.

4. Work that a person under guardianship can do
a. Consent of the guardian
Article 451- A person under guardianship who has the power of discretion may undertake an obligation or waive a right with the express or implied permission of the guardian or with subsequent approval.
If the transaction is not approved within a reasonable period of time determined by the other party or determined by the judge upon application, the other party is relieved of being bound by it.

b. Consequence of non-approval
Article 452- In transactions that the guardian does not approve, each party may demand back what he gave. However, the person under guardianship is only liable for the amount spent for his own benefit or the amount of enrichment that existed in his property at the time of demanding it back, or the amount he disposed of without good faith.
If the person under guardianship has misled the other party about his capacity to act, he is liable for the damage suffered by the other party as a result.

5. Profession or art
Article 453- If a person under guardianship is given permission by the guardianship authority to pursue a profession or art, that person is authorized to perform all kinds of ordinary transactions related to this and is responsible for all of his/her assets for such transactions.

C. Management of assets
I. Management and accounting obligations
Article 454- The guardian must manage the assets of the person under guardianship with care, like a good manager.
The guardian is obliged to keep accounts related to the administration and to submit the accounts for review by the guardianship authority on the dates determined by it and in any case once a year.
If the person under guardianship has the ability to form and express his/her opinions, he/she shall be present, to the extent possible, during the examination of the account by the judge.

II. Free goods
Article 455- The person under guardianship freely manages and uses the property left to his/her disposal and the property he/she has earned by working with the permission of the guardian.

D. Duration of the assignment
Article 456- As a rule, the guardian is appointed for two years.
The guardianship authority may extend this period by two years at a time.
After four years have elapsed, the guardian may exercise his right to refrain from guardianship.

E. Guardian’s fee
Article 457 – The guardian may request a fee to be paid from the assets of the person under guardianship, or if this is not possible, from the Treasury. The fee to be paid is determined by the guardianship authority for each accounting period, taking into account the labor required for the administration and the income of the assets under administration.

SECOND DIFFERENCE
DUTIES OF THE TRUSTEE
A. Position of the trustee
Article 458- The appointment of a trustee to a person does not affect his/her legal capacity. The provisions regarding legal consultancy are reserved.
The term of office and fee of the trustee are determined by the guardianship authority.

B. Scope of the trusteeship
I. A certain job
Article 459- A trustee appointed for a specific task must strictly comply with the instructions of the guardianship authority.

II. Management of assets
Article 460 – If a trustee is assigned to manage and supervise an asset, he can only perform the work necessary for the management and protection of that asset.
The trustee’s ability to perform tasks other than this is subject to the special authority given by the principal, or if the principal is not in a position to grant this authority, the permission of the guardianship authority.

THIRD SECTION
DUTIES OF GUARDIANSHIP OFFICES
A. Complaints and objections
Article 461- The person under guardianship and any relevant person who has the power of discretion may complain to the guardianship authority about the actions and transactions of the guardian.
An objection may be made to the supervisory authority against the decisions of the guardianship authority within ten days from the date of notification.

B. Permission
I. From the guardianship authority
Article 462- The permission of the guardianship authority is required in the following cases:
1. Purchase, sale, mortgage of real estate and establishment of other real rights on them,
2. Purchase, sale, transfer and mortgage of movable or other rights and values outside of ordinary management and operational needs,
3. Construction works exceeding the ordinary management boundaries,
4. Lending and borrowing,
5. Undertaking a foreign exchange commitment,
6. Making product lease contracts for one year or longer and real estate lease contracts for three years or longer,
7. The person under guardianship is engaged in an art or profession,
8. In urgent cases, the guardian’s authority to take temporary measures is reserved, to file a lawsuit, make a settlement, arbitration and composition,
9. Making property regime contracts, inheritance sharing and inheritance share transfer contracts,
10. Declaration of inability to pay debts,
11. Life insurance is taken out for the person under guardianship,
12. Making an apprenticeship contract,
13. Placing the person under guardianship in an education, care or health institution,
14. Changing the place of residence of the person under guardianship.

II. From the audit authority
Article 463- In the following cases, the permission of the supervisory authority is also required after the permission of the guardianship authority:
1. Adoption or adoption of a child by a person under guardianship,
2. The person under guardianship becomes a citizen or relinquishes citizenship,
3. Taking over or liquidating a business, entering into a partnership that requires personal liability, or becoming a partner in a company with significant capital,
4. Making lifelong monthly or income commitment contracts or providing care until death,
5. Acceptance or rejection of inheritance or making an inheritance contract,
6. The minor being made an adult,
7. Making a contract between the person under guardianship and the guardian.

C. Review of reports and accounts
Article 464 – The guardianship authority examines the reports and accounts to be submitted by the guardian at certain periods and requests their completion or correction when deemed necessary.
The guardianship authority accepts or rejects reports and accounts and, when necessary, takes appropriate measures to protect the interests of the person under guardianship.

D. Lack of permission
Article 465 – The actions taken by the guardian without obtaining the permission of the authorized guardianship offices, even though required by law, are deemed to be actions taken by the person under guardianship without the permission of the guardian.

FOURTH SECTION
RESPONSIBILITY OF GUARDIANSHIP BODIES
A. Duty of care
Article 466 – Guardianship bodies and other persons entrusted with guardianship matters are obliged to show the care required by good administration while performing their duties.

B. Responsibility of the guardian
Article 467- The guardian is responsible for the damage caused to the person under guardianship by his negligent behavior while performing his duty.
The same provision applies to trustees and legal advisors.

C. State responsibility
Article 468 – The State is directly responsible for the damages caused unlawfully by those on duty in the guardianship offices; it is also responsible for the damages that cannot be compensated by the guardians, trustees and legal advisors.
The State that compensates the damage has recourse to those who are at fault in the occurrence of the damage.
Those who caused the damage through their faults are jointly and severally liable to the State that exercises the right of recourse.

D. Duties and powers
Article 469 – The court of first instance closest to the location of the guardianship offices is authorized to hear recourse cases against persons on duty in the guardianship offices of the state.
Compensation and other recourse cases related to guardianship are heard in the court of first instance where the guardianship offices are located.

CHAPTER THREE
TERMINATION OF GUARDIANSHIP

FIRST DISCRIMINATION
CASES REQUIRING GUARDIANSHIP
ENDING
A. In minors
Article 470- Guardianship over a minor ends automatically when he or she reaches adulthood.
If the court has decided on adulthood, the court also determines and announces the date on which the minor will become an adult.

B. In Convicts
Article 471- (Amended: 2/3/2024-7499/8 art.)
The guardianship over a person whose liberty is restricted due to a sentence of imprisonment is automatically terminated when the state of imprisonment ends in accordance with the law.
During the continuation of the imprisonment, guardianship may be terminated if the following conditions are met:
1. The person’s request for restriction orders issued in connection with the execution of a prison sentence of less than five years in total,
2. In cases where the reason for the protection of the person’s personality or property is eliminated upon request, in relation to the restriction decisions issued in connection with the execution of a final prison sentence of five years or more.

C. Other restricted
I. Removal
Article 472- Guardianship over other restricted persons ends with the decision of the competent guardianship authority.
Once the reason requiring guardianship is eliminated, the guardianship authority decides to terminate the guardianship.
Each of the limited and interested parties may request the removal of guardianship.

Procedure II
1. Advertisement
Article 473- If a restriction is declared, its removal is also declared.
Regaining legal capacity is not dependent on the publication of the notice.

2. In case of mental illness or mental weakness
Article 474 – The decision to lift the guardianship over a person who has been restricted due to mental illness or mental weakness can only be made if an official health board report determines that the reason for the restriction has been eliminated.

3. Extravagance, alcohol or drug abuse, bad lifestyle, bad management
Article 475- A person who has been restricted due to his/her extravagance, alcohol or drug addiction, bad lifestyle or mismanagement of his/her property may request the removal of guardianship only if he/she has not filed a complaint regarding the reason for his/her being placed under guardianship for at least one year.

4. Restriction upon request
Article 476- The removal of guardianship over a person who has been voluntarily restricted depends on the elimination of the reason requiring the restriction.

D. In trusteeship and legal consultancy
I. In general
Article 477- The representative trusteeship ends with the completion of the work that the trustee was assigned to do.
Management trusteeship ends when the reason for the appointment of the trustee disappears or when the trustee is removed from office.
Legal advice ends with the decision of the guardianship authority in accordance with the provisions on the removal of guardianship.

II. Announcement
Article 478- If the appointment is announced or the guardianship authority deems it necessary, the termination of the trusteeship is also announced.

SECOND DIFFERENCE
TERMINATION OF GUARDIANSHIP
A. Loss of legal capacity and death
Article 479- The duty of guardianship ends with the guardian losing his legal capacity or his death.

B. Expiration of the period and non-extension
I. Expiration of the term
Article 480- The duty of guardianship ends upon the expiration of the term, unless extended.

II. Emergence of the obstacle or reason for avoidance
Article 481- The guardian must resign from his duty if a reason preventing the guardianship arises.
The guardian may request to be removed from office before the end of the term if a reason for avoidance arises; however, in the presence of important reasons, he must continue his duty.

III. Obligation to continue duty
Article 482- The guardian whose duty has ended is obliged to carry out the necessary tasks until a new guardian begins his duty.

C. Dismissal
I. Reasons
Article 483- If the guardian seriously neglects his duties, abuses his powers or acts in a manner that undermines trust, or becomes incapable of paying debts, he shall be removed from office by the guardianship authority.
If the interests of the person under guardianship are jeopardized due to the guardian’s inability to perform his duties, the guardianship authority may remove the guardian from office even if he is not at fault.

Procedure II
1. Upon request or ex officio
Article 484 – The person under guardianship or any relevant person who has the power of discretion may request the removal of the guardian from office.
The guardianship authority, which learns of the existence of a reason requiring removal from office through another means, is obliged to remove the guardian ex officio.

2. Research and warning
Article 485- The guardianship authority may only remove the guardian from office after conducting the necessary investigation and hearing him/her.
In non-serious cases, the guardianship authority warns the guardian that he will be dismissed from duty.

3. Interim measures
Article 486- In cases where there is a danger of delay, the guardianship authority may temporarily suspend the guardian from duty and appoint a trustee; if necessary, taking into account the possible damage, it may place a precautionary seizure on the guardian’s property and request his arrest.

4. Other precautions
Article 487 – In addition to dismissal and warning, the guardianship authority is also obliged to take other measures necessary for the protection of the person under guardianship.

5. Objection
Article 488- The persons concerned may object to the decisions of the guardianship authority to the supervisory authority within ten days from the date of notification. The supervisory authority shall make a final decision on this objection, if necessary by holding a hearing.

THIRD SECTION
CONSEQUENCES OF TERMINATION OF GUARDIANSHIP
A. Final account and delivery of assets
Article 489- The guardian whose duty has ended is obliged to submit the final report and final account regarding the administration to the guardianship authority and to keep his/her assets ready to be delivered to the person under guardianship, his/her heirs or the new guardian.

B. Review of report and account
Article 490- The final report and final account are examined and approved by the guardianship authority, just like the reports and accounts submitted at certain times.

C. Termination of duty of the guardian
Article 491- After the final report and final account are approved and the assets are delivered to the person under guardianship, his/her heirs or the new guardian, the guardianship authority decides that the duty of the guardian has ended.
The guardianship authority notifies the person under guardianship, his/her heirs or the new guardian of the final account, together with the final report and the decision to approve or reject the final account, stating that they have the right to file a lawsuit for compensation. This notification also states that the guardian’s duty has been terminated.

D. Statute of limitations in liability cases
I. Ordinary statute of limitations
Article 492 – A compensation lawsuit filed against the responsible guardian or trustee shall become time-barred after one year has passed from the date of notification of the final account.
The limitation period for a compensation lawsuit to be filed against the State for damages that cannot be compensated is one year, starting from the date it is understood that the damage cannot be compensated by the guardian, trustee or legal advisor.
The statute of limitations for lawsuits filed against the State due to damages caused by those on duty in the guardianship offices is subject to general provisions.
The state’s recourse action becomes time-barred after one year has passed since the right of recourse arose.

II. Extraordinary statute of limitations
Article 493 – A compensation lawsuit based on a calculation error or a reason for liability that was not known or understood by the injured party before the ordinary limitation period began to run may be filed within one year from the date of learning of the calculation error or the reason for liability.
In any case, compensation claims arising from guardianship become time-barred after ten years have passed since the notification of the final account.

E. The receivables of the person under guardianship
Article 494- The claims of a person under guardianship against the guardian or the State are privileged claims.

THE THIRD BOOK
INHERITANCE LAW

PART ONE
HEIRS

CHAPTER ONE
LEGAL HEIRS
A. Blood relatives
I. Descendants
Article 495- The first degree heirs of the deceased are his descendants.
Children inherit equally.
Children who die before the testator are succeeded by their descendants through all degrees of succession.

II. Mother and father
Article 496- The heirs of a deceased who has no descendants are his mother and father. They are equal heirs.
The places of the mother and father who died before the testator are taken by their descendants through all degrees of succession.
If there are no heirs on one side, the entire inheritance goes to the heirs on the other side.

III. Grandmother and grandfather
Article 497- The heirs of a deceased who has no descendants, mother or father, or descendants of their own are his or her grandparents. They are equal heirs.
Grandparents who died before the testator are replaced by their descendants through all degrees of succession.
If one of the maternal or paternal grandparents dies before the deceased without having any descendants, his/her share goes to the heirs on the same side.
If both of the maternal or paternal grandparents die before the deceased without having any descendants, the entire inheritance goes to the heirs on the other side.
If there is a surviving spouse, if one of the grandparents dies before the testator, his/her share passes to his/her own child; if there is no child, to the grandparents on that side; if both grandparents on one side die, their shares pass to the other side.

IV. Extramarital relatives
Article 498- Those born out of wedlock and whose lineage is established by recognition or a court decision, inherit from their father’s side, just like their relatives through marriage.

B. Surviving spouse
Article 499 – The surviving spouse inherits the deceased in the following proportions, depending on the class he/she is in:
1. If the deceased inherits together with his descendants, one quarter of the inheritance,
2. If the deceased inherits together with his/her mother and father, half of the inheritance,
3. If the deceased inherits together with his/her grandparents and their children, three-quarters of the inheritance goes to the spouse; if they do not have any, the entire inheritance goes to the spouse.

C. Adopted
Article 500- Adopted children and their descendants inherit the child as if they were blood relatives. The inheritance of the adopted child within his own family continues.
The adoptive parent and his relatives do not inherit the adopted child.

D. State
Article 501- The inheritance of a person who dies without leaving an heir passes to the State.

CHAPTER TWO
DEATH-RELATED SAVINGS

FIRST DISCRIMINATION
SAVING AUTHORITY
A. Driving License
I. In the will
Article 502- In order to make a will, one must have the power of discernment and be over fifteen years of age.

II. In the inheritance contract
Article 503- In order to conclude an inheritance contract, one must have the power of discernment, be of legal age, and not be restricted.

B. Will disability
Article 504- A testamentary disposition made by the testator under the influence of mistake, deception, intimidation or duress is invalid. However, if the testator does not rescind the disposition within one year from the day on which he learns that he was mistaken or deceived or from the day on which he is relieved of the influence of intimidation or duress, the disposition is deemed valid.
In the event of a clear error in the specification of a person or thing in a testamentary disposition, if the true wish of the testator can be determined with certainty, the disposition is corrected according to this wish.

SECOND DIFFERENCE
FREEDOM OF SAVINGS
A. Savable part
I. Scope
Article 505- (Amended first paragraph: 4/5/2007-5650/1 art.) A deceased who has descendants, parents or spouse as heirs may make testamentary dispositions on the part of his inheritance other than reserved shares.
If there are no heirs, the testator can dispose of his entire inheritance.

II. Reserved share
Article 506- The reserved share consists of the following ratios:
1. Half of the legal inheritance share for descendants,
2. One quarter of the legal inheritance share for each of the mother and father,
3. (Repealed: 4/5/2007-5650/2 art.)
4. For the surviving spouse, the entire legal inheritance share if he/she is a joint heir with the descendants or the maternal and paternal class; in other cases, three-quarters of the legal inheritance share.

III. Calculation of the saveable part
1. Reduction of debts
Article 507- The disposable part is calculated according to the status of the estate on the day of the death of the testator.
When making the calculations, the decedent’s debts, funeral expenses, the expenses of sealing and writing the estate, and the three-month living expenses of the people living with the decedent and cared for by him are deducted from the estate.

2. Free gifts between the living
Article 508 – The deceased’s inter-living free transfers are added to the estate in the calculation of the disposable part to the extent that they are subject to reduction.

3. Insurance receivables
Article 509 – If the testator concludes a life insurance contract in favour of a third party to be paid in the event of his/her death, or if he/she subsequently appoints such a person as a beneficiary, or if he/she transfers his/her claim against the insurer to a third party without consideration through an inter vivos or testamentary disposition, the purchase value of the insurance receivable at the time of the testator’s death shall be added to the estate.

B. Disinheritance
I. Reasons
Article 510- In the following cases, the testator may remove the reserved heir from inheritance by means of a testamentary disposition:
1. If the heir has committed a serious crime against the testator or one of the testator’s relatives,
2. If the heir has not substantially fulfilled his obligations arising from family law towards the testator or the testator’s family members.

II. Provisions
Article 511- A person who is disinherited cannot receive a share from the inheritance, nor can he file a reduction suit.
Unless the testator has disposed otherwise, the inheritance share of the disinherited person goes to the disinherited person’s descendants, if any, or to the testator’s legal heirs, as if that person had died before the testator.
The descendants of a disinherited person may claim their reserved share as if that person had died before the testator.

III. Burden of proof
Article 512- Disinheritance is valid only if the testator states the reason for disinheritance in his/her disposition.
If the person who was disinherited objects, the burden of proving the existence of the stated reason falls on the heir who benefits from the disinheritance or the testamentary beneficiary.
If the existence of the reason cannot be proven or the reason for the removal is not stated in the disposition, the disposition is carried out outside the reserved share of the heir; however, if the testator made this disposition due to a clear mistake regarding the reason for the removal, the removal is invalid.

IV. Disinheritance due to inability to pay debts
Article 513- The testator may disinherit half of the reserved share of a descendant who has a certificate of insolvency. However, it is conditional on the disinherited person allocating this half to his/her children born or to be born.
If the certificate of inability to pay debts no longer has effect when the inheritance is opened or if the amount of debt covered by the certificate does not exceed half of the inheritance share of the disinherited person, the disinheritance is cancelled upon the request of the disinherited person.

THIRD SECTION
TYPES OF DEATH-RELATED DISPOSITIONS
A. In general
Article 514 – The testator may dispose of all or part of his/her property by will or inheritance contract, within the limits of his/her freedom of disposition.
The part that the testator did not dispose of goes to his legal heirs.

B. Conditions and downloads
Article 515- The testator may bind his testamentary dispositions to conditions or burdens. From the moment the disposition produces its provisions and consequences, he may demand the fulfillment of each relevant condition or burden.
Conditions and obligations that are contrary to law or morality render the relevant dispositions invalid.
Terms and conditions that are meaningless or disturbing to others will be ignored.

C. Appointment of heirs
Article 516- The testator may appoint one or more persons as heirs for the whole of his inheritance or a certain percentage of it.
Any disposition that involves a person receiving the entire inheritance or a certain percentage of it is considered as the appointment of an heir.

D. Leaving certain property
I. Subject
Article 517- The testator may make a person acquire property by leaving it to him without appointing him as an heir.
Specific property bequest may be for the purpose of granting ownership of a property in the estate to a person through a testamentary disposition or the right of usufruct over all or part of the estate; it may also be for the heirs or the survivors of a specific property to undertake the performance of a duty in favour of a person over the value of the estate, the granting of an annuity or the release of a person from a debt.
If the specific property left behind is not included in the estate, those who are responsible for fulfilling the testamentary disposition are exempt from the debt, unless the contrary is understood from the disposition.

II. Delivery obligation
Article 518- The specific property left behind is delivered in the same condition as it was at the time of the opening of the inheritance; the benefit and damage pass to the person to whom the specific property was left at the time of the opening of the inheritance.
The person who is responsible for the execution of the disposition shall have the rights and be liable for the debts of the person acting without power of attorney due to the expenses he incurred on the specific property left after the inheritance was opened and the damage he caused to the property.

III. Relation to the estate
Article 519 – Proportional reduction of actions that damage the estate or the transfer made to the person responsible for carrying out the actions or the reserved share may be requested.
Even if the person obliged to fulfill the disposition refuses the inheritance or the disposition left to him, dies before the testator or is deprived of the inheritance, the disposition remains valid; the obligation to fulfill passes to those who benefit from these situations.
The legal or appointed heir may request the fulfillment of a disposition made in his favor even if he has rejected the inheritance.

E. Appointment of a substitute heir
Article 520 – In the event that the heir he appointed dies before him or rejects the inheritance, the testator may appoint one or more persons as substitute heirs to take his place.
This rule also applies to specific bequests.

F. Assignment of the heir
I. Determination
Article 521- The testator may, through his testamentary disposition, oblige the person he appointed as the primary heir to transfer the inheritance to the secondary heir.
The same obligation cannot be imposed on the heir.
These rules also apply to specific bequests.

II. Transition to Artemis
Article 522- If the moment of transition is not specified in the disposition, the inheritance passes to the successor upon the death of the first heir.
If the moment of transition is indicated in the disposition and this moment has not yet come at the time of the death of the first heir, the inheritance is delivered to the heirs of the first heir, provided that they provide security.
If it is no longer possible for the inheritance to pass to the next heir for any reason, the inheritance passes to the first heir; if the first heir dies, it passes to his heirs.

III. Assurance
Article 523- The registry of the inheritance passed to the first heir is kept by the court of peace.
Unless the testator expressly exempts the inheritance, the delivery of the inheritance to the first heir is subject to his giving security. In the case of real estate, this security can also be provided by annotating the obligation to pass the inheritance in the land registry, if deemed sufficient.
If the primary heir does not provide assurance or jeopardizes the expected rights of the secondary heir, a decision is made to formally manage the estate.

IV. Provisions
1. About the First Heir
Article 524- The first heir acquires the inheritance in the same way as the appointed heirs.
The first heir acquires the inheritance with the obligation to pass it on to the second heir.

2. About Artmirasci
Article 525- The heir acquires the inheritance if he is alive at the specified time of transition.
If the recidivist dies before the time of transfer, the inheritance goes to the first heir, unless otherwise stipulated in the disposition.
If the primary heir is not alive at the time of the death of the testator, or is deprived of the inheritance, or rejects the inheritance, the inheritance passes to the secondary heir.

G. Foundation
Article 526- The testator may establish a foundation by allocating all or part of the usable part of his estate.
The foundation acquires legal personality only on condition that the provisions of the law are complied with.

H. Inheritance contracts
I. Positive inheritance contract
Article 527- The testator may undertake to leave his inheritance or certain property to the person with whom he made the contract or to a third person through a testamentary contract.
The testator can freely dispose of his/her assets as before; however, testamentary dispositions or donations that are incompatible with his/her obligations under the testamentary contract may be objected to.

II. Contract of renunciation of inheritance
1. Scope
Article 528 – The testator may conclude a contract of renunciation of inheritance with an heir, either gratuitously or in return for a consideration.
The one who renounces loses his right to inherit.
Renunciation of inheritance by providing a consideration also has consequences for the descendants of the person making the renunciation, unless otherwise stipulated in the contract.

2. Abolition of power
Article 529 – If the inheritance renunciation agreement is made in favor of a certain person and this person cannot inherit for any reason, the renunciation becomes void.
If the inheritance renunciation agreement is not made in favor of a specific person, it is deemed to have been made in favor of the closest common descendants, and if they cannot inherit for any reason, the renunciation is also void.

3. Rights of estate creditors
Article 530 – If the estate is unable to cover the debts at the time of the opening of the inheritance and the debts are not paid by the heirs, the renouncer and his heirs are liable to creditors for the consideration they received from the testator for the renunciation within five years before his death, to the extent of their enrichment at the time of the opening of the inheritance.

FOURTH SECTION
FORMS OF DEATH-RELATED DISPOSITIONS
A. Will
I. Shapes
1. In general
Article 531- A will may be made officially, in the testator’s handwriting, or verbally.

2. Official will
a. Regulation
Article 532 – An official will is drawn up by an official officer with the participation of two witnesses.
The official may be a justice of the peace, a notary public or another official who has been given this authority by law.

b. Function of the officer
Article 533 – The testator shall inform the official of his wishes. Thereupon, the official shall write or have the will written and give it to the testator to read.
The will is read and signed by the testator.
The officer signs the will and dates it.

c. Attendance of witnesses
Article 534 – Immediately after the will is dated and signed, the testator declares to two witnesses in the presence of the officer that he has read the will and that it contains his last wishes.
The witnesses sign the will by writing or having it written down that this declaration was made in their presence and that they find the testator competent to dispose of it.
It is not mandatory to inform the witnesses about the content of the will.

d. Issuance without being read and signed by the testator
Article 535- If the testator is unable to read or sign the will in person, the officer reads the will to him in the presence of two witnesses, whereupon the testator declares that the will contains his last wishes.
In this case, the witnesses sign the will by writing or having it written down, stating that the declaration of the testator was made in their presence and that they consider him/her competent to dispose of the will; and that the will was read to the testator by the officer in their presence and that the testator declares that the will contains his/her last wishes.

e. Prohibition on participation in the regulation
Article 536 – Those who do not have legal capacity, those who are banned from public service by a criminal court decision, those who are illiterate, the spouse of the testator, blood relatives in ascendants and descendants, siblings and spouses of these persons cannot participate in the preparation of an official will as officials or witnesses.
The officer and witnesses who participated in the preparation of the official will, their blood relatives, siblings and spouses of these persons cannot be granted benefits under that will.

f. Preservation of the will
Article 537- The officer who prepares the official will is obliged to keep the original of the will.

3. Handwritten will
Article 538 – A handwritten will must be written and signed by the testator from beginning to end, indicating the year, month and day it was made.
A handwritten will may be left openly or closed to a notary, a justice of the peace or an authorized officer for safekeeping.

4. Verbal will
a. Expressing last wishes
Article 539 – If the testator is unable to make an official or written will due to extraordinary circumstances such as imminent danger of death, interruption of transportation, illness, or war, he may resort to an oral will.
For this purpose, the testator explains his last wishes to two witnesses and charges them with the task of writing or having written a will in accordance with his statement.
Apart from the requirement of being literate in the preparation of an official will, the prohibitions regarding witnesses also apply to witnesses in an oral will.

b. Documentation
Article 540- One of the witnesses appointed by the testator shall immediately write down the last wishes expressed to them, indicating the place, year, month and day, sign this document and have it signed by the other witness. They shall both submit the written document to a court of peace or civil court without delay and declare to the judge that they consider the testator competent to make a will and that he/she has told them his/her last wishes in an extraordinary situation.
Instead of preparing a document in advance, the witnesses can apply to the court without delay and have the last wishes of the testator recorded in a report by declaring the above-mentioned issues.
If the person applying for a verbal will is in military service, a lieutenant or higher rank officer; if he is in a transportation vehicle traveling outside the country’s borders, the responsible manager of that vehicle; if he is being treated in a health institution, the most authorized manager of the health institution replaces the judge.

c. Revocation of power
Article 541- If the testator later has the opportunity to make a will in other ways, the oral will becomes invalid after one month has passed from this date.

II. Revocation of will
1. With the new will
Article 542- The testator may revoke the previous will at any time by making a new will in accordance with one of the forms prescribed by law for wills.
The will can be revoked in whole or in part.

2. By destruction
Article 543- The testator may also revoke the will by destroying it.
A will that is destroyed as a result of an accident or the fault of a third party and whose content cannot be determined completely and exactly becomes null and void. The right to claim compensation is reserved.

3. Subsequent savings
Article 544 – If the testator makes a new will without revoking the previous will, the next will replace it unless the previous will is completed beyond doubt.
A will to leave a specific property is also terminated if the testator subsequently disposes of the property in a manner inconsistent with the will, unless otherwise stated in the will.

B. Inheritance contract
I. Form
Article 545- In order for the inheritance contract to be valid, it must be drawn up in the form of an official will.
The parties to the contract simultaneously notify the official of their wishes and sign the contract in front of the official and two witnesses.

II. Elimination
1. Among the Right
a. By contract or will
Article 546- An inheritance contract can be terminated at any time by written agreement of the parties.
If it is revealed that the person who is appointed as an heir or to whom certain property is left by a testamentary contract has behaved towards the testator after the testamentary contract was made, which constitutes a reason for disinheritance; the testator may unilaterally terminate the testamentary contract.
Unilateral termination is carried out in one of the ways prescribed by law for wills.

b. By way of withdrawal from the contract
Article 547- The party who has the right to demand inter vivos obligations in accordance with the inheritance contract may withdraw from the contract in accordance with the rules of the law of obligations if these obligations are not fulfilled in accordance with the contract or are not secured.

2. Dying before the testator
Article 548 – If the person to whom the heir is appointed or to whom certain property is left is not alive at the death of the testator, the inheritance contract is automatically terminated.
Unless otherwise agreed upon, the heirs of a person who died before the testator may demand the return of the enrichment acquired on the date of death pursuant to the testamentary disposition from the testator.

C. Shrinking of the saveable part
Article 549 – Testamentary dispositions made by a testamentary contract or a will do not become invalid because the portion of the estate that the testator can dispose of later decreases; they can only be reduced.

FIFTH SECTION
EXECUTIVE OFFICER
A. Appointment
I. Appointment and qualification
Article 550 – The testator may appoint one or more executors through his will.
The executor must have legal capacity at the time he or she begins his or her duties.
The executor of the will is notified of this duty by the justice of the peace; if the justice of the peace is not notified that it has not been accepted within fifteen days from the date of notification, the duty is deemed to have been accepted.
The executor may charge a reasonable fee for his services.

II. Executor of multiple wills
Article 551- If more than one will executor is appointed, they shall carry out the duty together unless the contrary is evident from the disposition or the nature of the work.
If one of them does not or cannot accept the duty or if his duty ends for any reason, the others continue in office unless it is understood otherwise by the testator’s disposition.
Even if more than one executor is appointed to act together, each of them can take the necessary action in urgent cases.

B. Duties and powers
I. In general
Article 552 – Unless the testator has stipulated otherwise or given a limited duty in his/her disposition, the executor of the will is responsible and authorized to carry out all necessary procedures to fulfill the last wishes of the testator.
The executor of the will, in particular;
1. After assuming office, he/she shall, without delay, prepare a list of the assets, rights and debts in the estate. If possible, the heirs shall be present while the list is being prepared.
2. He manages the estate and requests the transfer of possession of the estate assets to himself to the extent required by the administration.
3. Collects the estate’s receivables and pays its debts.
4. He carries out the wills.
5. Prepares a plan for the division of the estate.
6. Represents the partnership in estate-related lawsuits and follow-ups. May intervene in lawsuits filed by the heirs that are related to his duties.
7. He/she shall notify the heirs of the lawsuits he/she has filed or filed against him/her and the follow-up proceedings.

II. Disposition of estate properties
Article 553- Unless the testator has undertaken, the transfer of the properties included in the estate by the executor of the will or the establishment of limited real rights on them is subject to the authorization of the justice of the peace. If possible, the judge makes a decision after hearing the heirs. There is no need to obtain authorization for dispositions that will cover ordinary expenses.

C. Termination of duty
Article 554 – The duty of the executor of a will automatically ends in the event of his death or the existence of a reason that invalidates his appointment.
The executor of a will may resign from his duty by making a declaration to the magistrate. The duty cannot be resigned at an inappropriate time.

D. Supervision
Article 555- The executor of the will is subject to the supervision of the justice of the peace in the performance of his duty.
The judge takes the necessary measures upon complaint or ex officio.
If the executor of the will is found to be incompetent, to have abused his/her duty or to have committed gross negligence, his/her duty shall be terminated by the magistrate. An objection may be made to the court of first instance against this decision within fifteen days from the date of notification. The decision given upon the objection shall be final.

E. Responsibility
Article 556- The executor of the will is obliged to be careful while performing his duty; he is responsible to the relevant parties as an agent.

SIXTH SECTION
CANCELLATION AND REDUCTION OF DEATH-RELATED DISPOSITIONS
A. Annulment case
I. Reasons
Article 557- A lawsuit may be filed for the cancellation of a testamentary disposition for the following reasons:
1. If the disposition was made at a time when the testator did not have the capacity to dispose,
2. If the saving was made as a result of mistake, deception, intimidation or coercion,
3. If the content of the savings, the conditions or the loadings are against the law or morality,
4. If the savings were made without complying with the forms prescribed by law.

II. Right to sue
Article 558 – An action for annulment may be brought by the heir or the testamentary beneficiary who has an interest in the annulment of the disposition.
The lawsuit may be about the cancellation of all or part of the testamentary disposition.
If the action for annulment is based on the disability caused by the participation of those to whom a testamentary disposition was made, their spouses or relatives, in the arrangement of the disposition, only these dispositions, not the entire disposition, are annulled.

III. Limitation periods
Article 559 – The right to file an annulment suit expires within one year from the date on which the plaintiff learns of the disposition, the reason for the annulment and that he is the rightful owner, and in any case, after ten years have passed from the date of opening in wills and the date of passing of the inheritance in other dispositions, against defendants in good faith, and after twenty years have passed from defendants in bad faith.
Invalidity can always be asserted by way of deflation.

B. Tenkis case
I. Conditions
1. In general
Article 560- Heirs who cannot receive compensation for their reserved shares may file a lawsuit for the reduction of their dispositions exceeding the portion that the testator could have disposed of.
The rules included in the disposition regarding the shares of the legal heirs are considered only the rules of distribution, unless it is understood from the disposition that the testator’s wishes are otherwise.

2. Gains in favor of reserved heirs
Article 561- The part of the dispositions made to the heirs with reserved shares through testamentary dispositions exceeding the disposable part, which exceeds their reserved shares, shall be subject to proportional reduction. In the event that there is more than one testamentary disposition subject to reduction, the part of the disposition made to the heir with reserved shares exceeding the reserved share and the dispositions made to persons who are not reserved shareholders shall be proportionally reduced.

3. Rights of the heir’s creditors
Article 562 – If the testator exceeds the part that he/she can dispose of, and the heir whose reserved share is damaged does not file a reduction action despite the warning of the bankruptcy office or the creditors who had a certificate of insolvency against him/her at the time the inheritance passed, the bankruptcy office or these creditors may file a reduction action at the rate necessary to recover his/her receivables and within the period granted to the heir.
If the disinherited person does not object to the disinheritance, the bankruptcy administration or creditors may file a reduction lawsuit under the same conditions.

II. Provisions
1. In general
Article 563- The reduction is made proportionally in all the gains obtained through the appointment of an heir or other testamentary disposition, unless it is understood from the disposition that the testator’s wishes were otherwise.
If a person who has obtained a testamentary disposition is obliged to fulfill certain wills, and the disposition is subject to reduction, this person may request that the testamentary debts be reduced at the same rate, unless it is clear from the disposition that the testator’s wishes were different.

2. In the will of indivisible property
Article 564 – If a specific property that cannot be divided without decreasing its value is subject to reduction by will, the testator may, if he wishes, request the return of the property by paying the value of the part that needs to be reduced, or he may request the money that covers the value of the part that can be disposed of.
If the property in question remains with the testamentary creditor, it is decided that the part of the property that should be given to the testamentary debtor due to reduction, or otherwise remains within the savings ratio, be paid in money at the value on the day of the decision.
These rules also apply to the reduction of inter-life winnings.

3. Inter-health gains
a. Gains subject to reduction
Article 565- The following gratuitous gains are subject to reduction, just like death-related dispositions:
1. Inter-life transfers made by the testator to the legal heir who has lost his/her inheritance status, transfers of assets to descendants on condition that they are not returned or transfers made by way of debt relief, or unusually given dowry and establishment capital,
2. Acquisitions made for the purpose of liquidating inheritance rights before death,
3. Donations made by the testator, reserving the right to revoke freely, and donations made within one year before his death, other than gifts given in accordance with custom.
4. Concessions made by the testator clearly for the purpose of nullifying the reserved share rules.

b. Duty to return
Article 566 – If a person to whom a transfer subject to reduction has been made is in good faith, he is only obliged to return what remained in his possession at the time of the transfer of the inheritance; if he is not in good faith, he is liable according to the provisions regarding the obligation of return of a possessor who is not in good faith.
A person whose inheritance contract grants a reduction in value may request that the consideration he gave to the testator for this inheritance be returned in proportion to the reduction.

4. In life insurance
Article 567 – In cases where the testator has made a life insurance policy in favour of a third party to be paid in the event of his/her own death, or has subsequently designated such a person as a beneficiary, or has transferred his/her claim against the insurer to a third party without consideration through an inter vivos or testamentary disposition, the purchase value of the insurance receivable at the time of the testator’s death shall be subject to reduction.

5. In terms of usufruct or income
Article 568 – If the testator burdens his estate with a usufruct or revenue debt exceeding the disposable part if converted into capital according to the estimated duration of the continuation, his heirs may request the reduction of the usufruct or revenue debt or the removal of this obligation by giving the disposable part.

6. In terms of the heir
Article 569 – The heir whose reserved share is impaired by the obligation to transfer the inheritance to the remaining heir may request the reduction of the excess part.

III. The order of criticism
Article 570- The reduction is made first from testamentary dispositions; if this is not sufficient, from inter vivos dispositions, going back from the most recent to the oldest, until the reserved share is completed.
Dispositions and inter vivos transfers made to public legal entities and public benefit associations and foundations are discounted last.

IV. Limitation periods
Article 571- The right to file a reduction action expires one year from the date on which the heirs learn that their reserved shares have been damaged and, in any case, ten years from the date of opening in wills and the date of opening of the inheritance in other dispositions.
If the cancellation of a disposition causes the previous one to come into force, the periods begin to run on the date the cancellation decision becomes final.
The claim of Tenkis can always be put forward by way of refutation.

SEVENTH SECTION
CASES ARISING FROM INHERITANCE CONTRACTS
A. In case the testator gives his/her property while he/she is alive.
Article 572- If the testator, while alive, has transferred all his/her property to the heir he/she appointed through a testamentary contract, this heir may request the preparation of an official book.
If the testator did not transfer all of his/her assets or acquired new assets after transferring all of them, the inheritance contract covers only the assets transferred during his/her lifetime, unless there is a rule to the contrary.
If the testator transfers his/her assets while alive, the rights and obligations arising from the testamentary contract pass to the heirs of the appointed heir, unless there is a different provision in the testamentary contract.

B. In case of renunciation of inheritance
I. Tenkis
Article 573- If the testator has performed acts exceeding the disposable part of the estate during the lifetime of the heir who renounced the inheritance, the other heirs may request a reduction of this. In this case, only the amount exceeding the reserved share of the renouncing heir is subject to reduction.
The offsetting of the values of the performances is done in accordance with the rules of equalization in inheritance.

II. Return
Article 574 – If the person who renounces the inheritance is obliged to return a property or other value to the estate due to reduction, he/she may, if he/she wishes, return the value subject to reduction, or if he/she wishes, return all of what he/she has received to the estate and participate in the sharing as if he/she had not renounced the inheritance.

PART TWO
PASSING OF INHERITANCE

CHAPTER ONE
OPENING THE HERITAGE
A. The moment of opening and evaluation
Article 575- Inheritance is opened upon the death of the testator. The acquisitions and distributions made by the testator during his lifetime are evaluated according to the status of the estate at the time of death.

B. Place of opening and competent court
Article 576- The inheritance is opened for the entire property at the place of residence of the testator.
Cases regarding the cancellation or reduction of the testator’s dispositions, the division of the inheritance and the entitlement to inheritance are heard in the court of this place of residence.

C. Provisions of opening
I. Capacity to inherit
1. Legal capacity
Article 577- According to this Law, everyone, except those who are not eligible to inherit, can be an heir or a testamentary beneficiary.
The donations made to a community without legal personality for a specific purpose are acquired by the persons in that community, provided that they realize this purpose determined by the testator; if it is not possible to realize the purpose in this way, the donation is considered to be the establishment of a foundation.

2. Disinheritance
a. Reasons
Article 578- The following persons cannot inherit, nor can they acquire any rights through testamentary disposition:
1. Those who kill or attempt to kill the testator intentionally and unlawfully,
2. Those who intentionally and unlawfully render the testator permanently incapable of making testamentary dispositions,
3. Those who enable or prevent the testator from making a testamentary disposition or from refraining from such a disposition by means of deception, coercion or intimidation,
4. Those who intentionally and unlawfully eliminate or disrupt a testamentary disposition in a situation and at a time when the testator can no longer re-perform it.
Disinheritance is eliminated by the testator’s pardon.

b. Effect on descendants
Article 579- Deprivation of inheritance affects only the deprived.
The descendants of the person who is deprived of inheritance inherit the same as the descendants of the person who died before the testator.

II. To be alive
1. As an heir
Article 580- In order to be an heir, it is necessary to be alive and capable of inheriting at the time of the death of the testator.
If the heir who is alive at the time the inheritance is opened dies later, his right to inheritance passes to his heirs.

2. As a testamentary beneficiary
Article 581- In order to be a testamentary beneficiary, it is necessary to be alive and capable of inheriting at the time of the testator’s death.
If the testator dies before the testator, the obligation to execute the will is extinguished for the benefit of the testator, unless the contrary is evident from the disposition.

3. Fetus
Article 582- The fetus becomes an heir on condition that it is born alive.
A stillborn child cannot inherit.

4. Future child
Article 583- An estate or estate property may be left to a person who does not yet exist at the time the inheritance is opened, as a residual heir or residual testamentary beneficiary.
If no prior heir has been appointed by the testator, the legal heir is deemed to be the prior heir.

D. Absence
I. The Legacy of the Missing
1. Delivery against security
Article 584 – The heirs or the persons entitled to the inheritance of a person who has been declared missing must provide assurance that they will return the estate property to the superior beneficiaries who may arise in the future or to the missing person himself before the estate property is delivered to them.
This guarantee is provided for five years in case of disappearance in danger of death, fifteen years in case of no news from the deceased for a long time, and in any case, at most for the period until the deceased reaches the age of one hundred.
Five years are calculated starting from the delivery of the estate assets and fifteen years from the date of the last notice.

2. Return
Article 585- If the missing person is discovered or if those who claim to have superior rights prove their title, those who have received the estate property are obliged to return the property they have received in accordance with the rules of possession.
The obligation of those in good faith to return the property to the superior rights holders is subject to the statute of limitations for the right to claim lawsuit due to inheritance.

II. The inheritance that has been lost
Article 586- The inheritance share of an heir who is absent and whose existence cannot be proven at the time the inheritance is opened is administered officially.
If the person who is absent at the time the inheritance is opened is not alive, those to whom his share of the inheritance will be inherited may request that the person be declared absent and that his share of the inheritance be delivered to them, in accordance with the periods and procedures regarding absence.
The delivery of the inheritance share is subject to the rules regarding the delivery of the inheritance of a person who is declared missing to the heirs.

III. The missing person being both the testator and the heir
Article 587- If an inheritance falls to the absentee after the heirs of the absentee receive the estate property, those to whom the inheritance share is to be inherited due to the absence may request the delivery of this inheritance share without having to obtain a separate decision of absence.
The heirs of the deceased can also rely on the decision of absence obtained by those who received the share of the inheritance that fell to the deceased.

IV. Request of the Treasury
Article 588- If the property of a person whose existence is unknown or his/her share of inheritance is officially managed for ten years, or if the period during which the person whose property is managed in this way would have reached the age of one hundred has passed, the Treasury shall declare that person missing upon request.
If no rightful owner appears within the period required for the declaration of absence, the inheritance of the missing person passes to the State, unless there is a provision to the contrary.
The state is obliged to return the inheritance of the absentee or superior rights holders, just like those who receive it.

CHAPTER TWO
CONSEQUENCES OF PASSING ON INHERITANCE

FIRST DISCRIMINATION
PROTECTIVE MEASURES
A. In general
Article 589 – The judge of peace of the place of residence of the deceased shall, upon request or ex officio, take all necessary measures to ensure the protection of the estate property and its transfer to the rightful owners.
These measures are particularly related to the recording of the property and rights in the estate, the sealing of the estate, the official administration of the estate and the opening of wills in cases specified by law.
Expenses related to the measures are covered by the applicant, to be collected from the estate in the future; in cases where the judge decides on the measure ex officio, by the State.
If the testator died in a place other than the place of residence, the judge of peace of that place shall notify the judge of peace of the place of residence of this death without delay and shall take the necessary measures to protect the property of the testator at the place of death and send the relevant file and the will, if any, to the judge of peace of the place of residence.

B. Bookkeeping
Article 590- If one of the following reasons occurs, the judge of peace decides to keep the estate book:
1. If there is anyone among the heirs who has been or should be taken under guardianship,
2. If one of the heirs cannot be found for a long time and does not have a representative,
3. If one of the heirs or interested parties makes a request within one month from the date of death,
The bookkeeping process is completed without delay.

C. Sealing
Article 591- The necessary estate properties that are recorded are sealed. Appropriate protection measures are taken for the properties that are not sealed. Sealing can also be done before recording.
When the estate is sealed, the items necessary for the needs of those living together with the testator are recorded in a report and left to them as trustees; the parts of the real estate that are necessary for their residence are excluded from the sealing.
Sealing made upon the request of creditors is limited to the amount secured. If security is provided to the creditor, sealing is not done, if done, it is removed.

D. Official administration of the estate
I. In general
Article 592- In the following cases, the judge of peace decides ex officio that the inheritance be officially administered:
1. If one of the heirs cannot be found for a long time and does not leave a representative, and if his/her interest requires it,
2. If none of those who claim to be entitled to inheritance can sufficiently prove their status as heirs or if it is doubtful whether there is an heir,
3. If all the heirs are unknown,
4. If specifically provided for in the law.
If the testator has appointed an executor to be authorized over the entire estate, the administration of the estate is given to him unless there is a significant obstacle.
If the testator was under guardianship or trusteeship, the parent or guardian is assigned to manage the estate unless there is any obstacle.
The judge of peace decides that the person assigned to manage the estate shall be paid an appropriate fee, which will be paid from the estate upon request.

II. Duty, representation and responsibility
Article 593 – The justice of the peace who officially administers the estate or the person he/she assigns to administer it is obliged to administer the estate diligently, as a good administrator, in a manner that will not cause the rights of the beneficiaries to be lost, and especially to perform the following duties, until the reasons for administering it officially are eliminated or until the distribution is made:
1. Writing the estate, if not done yet,
2. Taking necessary protective measures,
3. Selling the assets in the estate if it is in the interests of the heirs or in accordance with the requirements of good management.
4. Collection of the decedent’s receivables and payment of his/her debts,
5. The execution of wills that are understood not to harm the legal rights of the heirs, with the permission of the justice of the peace and the approval of the judge of first instance,
6. Depositing the money belonging to the estate to a bank specified in the regulation issued by the President to earn interest or purchasing government bonds with this money and converting investments without sufficient security into secure investments,
7. If there is a business, manufacturing plant or other enterprise in the estate, they should be continued as they are; if there is no benefit in continuing them, the necessary measures should be taken for their liquidation.
The estate administrator is the representative of the partnership in terms of matters falling within his/her duties, represents the partnership in lawsuits filed against the partnership and in enforcement proceedings, and is authorized to file a lawsuit on behalf of the partnership, initiate enforcement proceedings, waive, accept, compromise and arbitrate lawsuits when necessary; notifies the heirs of the lawsuits and proceedings.
In the official administration of the estate, the provisions regarding guardianship shall apply to the actions of the justice of the peace and the administrator, to the extent that they are compatible with their qualifications.

III. Lack of knowledge of heirs
Article 594 – If it is not known whether the testator has any heirs or if all the heirs are unknown, the judge of peace shall make an announcement twice, one month apart, using appropriate means, and shall call on the rightful owners to declare their status as heirs within one year at the latest, starting from the last announcement.
If no one applies within the period of announcement and the judge of peace cannot identify any heir, the inheritance passes to the State, without prejudice to the right to file a lawsuit for entitlement to the inheritance.

E. Procedures related to the will
I. Duty to deliver and measures to be taken
Article 595- The will of the testator that comes to hand after his death must be delivered immediately to the justice of the peace, regardless of whether it is valid or not.
The person who prepares or preserves the will, or who keeps it at the request of the testator or who takes possession of it in another way or finds it among the deceased’s belongings, is obliged to fulfill the duty of delivery as soon as he learns of the death; otherwise, he is liable for any damages that may arise as a result.
The magistrate immediately examines the delivered will, takes the necessary protective measures, and if possible, hears the relevant parties and decides whether the estate will be temporarily delivered to the legal heirs or officially administered.

II. Opening of the will
Article 596 – The will, regardless of whether it is valid or not, shall be opened by the justice of the peace of the place of residence of the testator within one month from its delivery and read to the relevant parties.
Known heirs and other interested parties may be invited to be present during the opening of the will, if they so desire.
The same procedures are followed for the testator’s wills that emerge later.

III. Notification to the relevant parties
Article 597 – A certified copy of the parts of the will concerning them shall be notified to each of the beneficiaries of the inheritance by the judge, at the expense of the estate.
Those whose whereabouts are unknown are notified of the parts of the will that concern them through public announcement.

IV. Certificate of inheritance
Article 598- Those who are determined to be legal heirs upon their application are given a document showing their heirship status by the court of peace or by a notary public.
Unless the heirs or other testamentary dispositions object to the appointment of an heir or a testamentary disposition within one month of being notified to them, the person in whose favor the disposition was made shall be given a document by the court of peace indicating that he is an appointed heir or testamentary disposition.
The invalidity of the certificate of inheritance can always be claimed.
The right to file a lawsuit for the cancellation of testamentary dispositions is reserved.

SECOND DIFFERENCE
ACQUIRING THE INHERITANCE
A. Winning
I. By the heirs
Article 599- Upon the death of the testator, the heirs acquire the inheritance as a whole in accordance with the law.
Subject to the exceptions stipulated in the law, the heirs directly acquire the real rights, receivables, other property rights, and possession of movable and immovable properties of the deceased and are personally liable for the deceased’s debts.
The appointed heirs also acquire the inheritance upon the death of the testator. The legal heirs are obliged to deliver the inheritance to the appointed heirs in accordance with the provisions of possession.

II. By the will creditors
1. Request
Article 600 – The testamentary beneficiary has a personal claim against the executor of the will, if there is one, or against the legal or appointed heirs.
This receivable becomes due when the testator accepts the inheritance or loses his right to reject it, unless the contrary is evident from the disposition.
The testamentary beneficiary may sue the testator who has not fulfilled his obligations for the delivery of the bequeathed property or the transfer of rights, or if the subject of the will is an act, for the compensation of damages arising from the failure to fulfill it.

2. Special cases
Article 601- The right of request of a person to whom a right of usufruct, a right of income or another performance repeated at certain intervals has been bequeathed is subject to the rules of the law of property and the law of obligations, unless another principle is foreseen in the disposition.
A person to whom an insurance claim has been bequeathed to be paid in the event of the testator’s death may exercise his right of claim arising from the insurance contract directly against the insurer.

3. Statute of Limitations
Article 602- The right of the testamentary creditor to sue becomes time-barred after ten years have passed since he learned of the testamentary disposition or, if the testamentary debt is to become due later, after the date of maturity.

III. Status of creditors
Article 603 – The rights of the creditors of the testator take precedence over the rights of the creditors of the will, and the rights of the creditors of the will take precedence over the rights of the creditors of the heirs.
The creditors of the heirs who accepted the inheritance unconditionally and the creditors of the testator have the same rights.

IV. Reduction and reclaim
Article 604 – If the heirs, after fulfilling their testamentary obligations, pay the debts of the testator of which they were not previously aware, they have the right to demand the return of the gift from the testamentary creditor to the extent that they can request the reduction of the will.
The testamentary beneficiary can only be held liable to the extent of his enrichment at the time of reclaim.

B. Rejection
I. Declaration of rejection
1. Right to refuse
Article 605- Legal and appointed heirs may reject the inheritance.
If the testator’s inability to pay is clearly evident or officially determined at the time of death, the inheritance is deemed to have been rejected.

2. Duration
a. In general
Article 606- Inheritance can be rejected within three months.
This period starts from the date on which the legal heirs learn of the death of the testator, unless it is proven that they later learned that they were heirs; and from the date on which the testator’s disposition is officially notified to the heirs appointed by will.

b. In the writing of the estate
Article 607 – In case of the recording of the estate as a protective measure, the period for rejecting the inheritance begins when the judge of peace notifies the legal and appointed heirs that the recording process has ended.

3. Expiration of the right of refusal
Article 608- The right of refusal of an heir who dies without renouncing the inheritance passes to his heirs.
For these heirs, the period of rejection begins on the date they learn that the inheritance has passed to their testator. However, this period does not end until the period granted to the heir to reject the inheritance from their testator has expired.
If, as a result of the rejection, the inheritance passes to those who were not previously heirs, the rejection period for them starts from the date on which they learn that the inheritance was rejected by the previous heirs.

4. Form of rejection
Article 609- Rejection of inheritance is made by the heirs through a verbal or written statement to the court of peace.
The rejection must be unconditional and unconditional.
The magistrate judge records the verbal or written rejection in a report.
A declaration of rejection made within the specified period is recorded in the special register by the court of peace of the place where the inheritance is opened, and if the rejecting heir requests, he is given a document showing the rejection.
How the minutes and registers will be kept is regulated by the regulation issued by the President.

II. Loss of right of rejection
Article 610- The heir who does not renounce the inheritance within the legal period acquires the inheritance unconditionally.
An heir who interferes with the estate transactions as an heir before the expiration of the rejection period, who does things other than what is in the nature of the ordinary administration of the estate or what is necessary for the conduct of the decedent’s affairs, or who hides or appropriates the estate property cannot reject the inheritance.
Filing a lawsuit or taking compulsory enforcement action to prevent the expiration of the statute of limitations or limitation periods does not eliminate the right of rejection.

III. Rejection by one of the heirs
Article 611- If one of the legal heirs rejects the inheritance, his share passes to the rightful owners as if he were not alive when the inheritance was opened.
The share of the designated heir who rejects the inheritance goes to the closest legal heirs of the testator, unless it is understood from the testator’s testamentary disposition that his wishes were otherwise.

IV. Rejection by all the closest heirs
1. In general
Article 612- The inheritance that is rejected by all the closest legal heirs shall be liquidated by the court of peace in accordance with the bankruptcy provisions.
At the end of the liquidation, the remaining values are given to the beneficiaries as if they had not rejected the inheritance.

2. Passing of inheritance to the surviving spouse
Article 613- If all descendants reject the inheritance, their share passes to the surviving spouse.

3. Rejection for the benefit of subsequent heirs
Article 614 – When the heirs reject the inheritance, they may request that the heirs following them be asked whether they will accept the inheritance before the liquidation.
In this case, the rejection is notified to the subsequent heirs by the judge of peace; if they do not accept the inheritance within one month, they are deemed to have rejected it.
Thereupon, the inheritance is liquidated in accordance with the bankruptcy provisions and the remaining values at the end of the liquidation are given to the first heirs.

V. Extension of the rejection period
Article 615- In case of important reasons, the judge of peace may extend the period of refusal granted to the legal and appointed heirs or grant a new period.

VI. Rejection of the will
Article 616- If the testator rejects the will, the testator benefits from this rejection, unless it is clear from the disposition that the testator’s wishes were otherwise.

VII. Protection of the creditors of the heirs
Article 617- If an heir whose assets are not sufficient to cover his debts rejects the inheritance with the aim of harming his creditors, his creditors or the bankruptcy administration may file a lawsuit to annul the rejection within six months from the date of rejection, unless sufficient security is provided to them.
If the decision to revoke the refusal is made, the inheritance is officially liquidated.
If the rejecting heir receives anything from the inheritance liquidated in this way, the receivables of the objecting creditors are paid first, and then the receivables of the other creditors. The remaining values are given to the heirs who would have benefited from the receivables if the receivables had been valid.

VIII. Liability in case of refusal
Article 618 – Heirs who reject the inheritance of a deceased who is incapable of paying shall be liable to his creditors to the extent of the value they received from him within five years before his death and which they are obliged to return at the division of the inheritance.
Ordinary education and training expenses and the dowry given as per custom are excluded from this responsibility.
Bona fide heirs are liable only to the extent of their enrichment at the time of restitution.

THIRD SECTION
OFFICIAL BOOKKEEPING
A. Conditions
Article 619- Every heir who has the right to refuse inheritance may request that the official book of the estate be kept.
Book keeping is requested from the magistrate within one month, in accordance with the procedure for the rejection of inheritance.
The request of one of the heirs to keep books is also effective for the others.

B. Procedure
I. Recording
Article 620- The official book is prepared by the court of peace; the assets and liabilities of the estate are recorded in this book with their estimated values.
Anyone who has information about the financial situation of the testator is obliged to provide the information requested by the court of peace. Those who do not provide information without a legitimate reason or provide incorrect or incomplete information are liable to compensate the heirs, testamentary beneficiaries or third parties for any damages arising from this.
Heirs are obliged to notify the court of peace, especially about the debts of the testator that are known to them.
How the official book will be kept is regulated by the regulation issued by the President.

II. Call by announcement
Article 621- The court of peace shall summon the creditors and debtors of the testator to notify them of their receivables and debts within a certain period of time, through a notice to be made twice at an interval of one month. The summons shall also include those who are creditors and debtors due to suretyship.
The notice draws the attention of creditors to the consequences of failure to notify.
The notification period is at least one month starting from the second announcement.

III. Direct posting
Article 622- Receivables and debts that are known to exist from official records or the documents of the testator are directly entered into the ledger.
What is recorded in the ledger is reported to creditors and debtors.

IV. Termination of bookkeeping
Article 623- Keeping of the book ends upon the expiry of the period specified in the announcement and the book may be examined by the relevant persons within a period of at least one month starting from this date.
Bookkeeping expenses are paid from the estate. If the expenses cannot be covered from the estate, they are collected from the heirs who requested the keeping of books.

C. Status of the heirs during bookkeeping
I. Management
Article 624- Only necessary administrative work can be done during the bookkeeping period.
Other heirs may request that the heir to whom the decedent’s affairs were entrusted by the court of peace provide security.

II. Enforcement proceedings, lawsuit and statute of limitations
Article 625- As long as official books are kept, no enforcement proceedings can be initiated for the debts of the testator.
During this period, the statute of limitations does not apply.
Except in urgent cases, lawsuits cannot be continued and new lawsuits cannot be filed.

D. Results
I. Call for declaration
Article 626- After the period for examining the book has ended, each heir is summoned by the court to make a declaration within one month.
If conditions require, the court of peace may grant additional time for the new valuation of estate assets, resolution of disputes, and similar situations.

II. Declaration
Article 627- Each of the heirs may declare that he rejects the inheritance, or requests official liquidation, or accepts it according to the book or unconditionally, within the given period.
The heir who does not make any declaration within the period is deemed to have accepted the inheritance according to the book kept.

III. Results of acceptance according to the official book
1. Responsibility for what is written in the notebook
Article 628- The inheritance accepted according to the official book passes to the heir only with the debts recorded in the book.
In this way, the transfer of inheritance becomes effective starting from the date the inheritance is opened.
The heir is responsible for the debts of the testator recorded in the book with both the estate assets and his own assets.

2. Responsibility for what is not recorded in the book
Article 629 – The heir is not liable with his own personal property against creditors who do not have their receivables recorded within the specified period, nor can he be held liable with the property that passes to him from the estate.
However, the heir remains responsible for the receivables that the creditor could not record in the book without fault or that were not recorded in the book despite being notified, to the extent of his enrichment.
Creditors whose receivables are secured by estate assets can claim their rights from the security even if they are not recorded in the ledger.

3. Liability for surety debts
Article 630 – The debts of the testator arising from the guarantee are recorded in a separate place in the book, and the heirs, even if they have accepted the inheritance unconditionally, are only liable for the amount that would fall to the creditors due to the guarantee in the event of the liquidation of the estate in accordance with the provisions of bankruptcy.

E. Transfer of inheritance to the State
Article 631- In case the inheritance passes to the State, the court of peace shall, ex officio, prepare the official book of the estate in accordance with the above procedures.
The state is responsible for the debts recorded in the ledger only to the extent of the values it has acquired through inheritance.

FOURTH SECTION
OFFICIAL LIQUIDATION
A. Conditions
I. At the request of the heirs
Article 632- Every heir may reject the inheritance or request the official liquidation of the estate instead of accepting it according to the official book.
This request is not taken into consideration if one of the co-heirs accepts the inheritance.
In the event of official liquidation, the heirs are not responsible for the debts of the estate.

II. At the request of the decedent’s creditors
Article 633 – Creditors of the testator who have convincing reasons to suspect that they will not be able to collect their receivables, and who are not paid or given assurance despite their request, may request the official liquidation of the estate within three months from the death of the testator or the opening of the will.
If the same conditions exist, the testamentary beneficiaries may also request that the necessary measures be taken to protect their rights.

B. Procedure
I. Management
Article 634- Official liquidation is carried out by the court of peace or by one or more liquidators appointed by it.
The official liquidation begins with the preparation of the estate book, and at the same time, the deceased’s creditors and debtors are requested to report their receivables and debts within the specified period through an announcement.
If an official book of the estate has been prepared before, the official liquidation is carried out according to this book.
The liquidator shall carry out the work related to his duty under the supervision and control of the court of peace. Heirs and estate creditors may complain to the court of peace in writing about the transactions made or planned by the liquidator within seven days from the date they become aware of this.

II. Liquidation by ordinary procedure
Article 635- Official liquidation includes the completion of the ongoing affairs of the testator, the fulfillment of his/her debts, the collection of his/her receivables, the fulfillment of the testamentary debts to the extent of the estate’s possibilities, the determination by the court of the rights and debts of the testator, if necessary, and the conversion of his/her assets into cash.
The liquidator is responsible for informing the heirs about the lawsuits, follow-ups and administrative procedures related to the estate.
The real estate in the estate is sold by auction or, if all heirs accept, by bargaining.
While the liquidation is in progress, the heirs may request that the estate assets and money not required for the liquidation be given to them partially or completely.

III. Liquidation through bankruptcy procedure
Article 636- The liquidation of the estate whose assets are not sufficient to pay the debts is carried out by the court of peace in accordance with the provisions of bankruptcy.

FIFTH SECTION
CASE FOR RIGHTS DUE TO INHERITANCE
A. Conditions
Article 637- A legal or appointed heir may file a lawsuit for entitlement to inheritance against the person who holds the estate or certain estate assets, by asserting his superior right in inheritance.
In this case, the judge also resolves disputes regarding inheritance status.
Upon the plaintiff’s request, the judge takes all necessary measures to protect the right, such as requiring the defendant to provide security or making an entry in the land registry.

B. Provisions
Article 638- In case the lawsuit for entitlement due to inheritance is accepted, the estate or the property included in the estate is given to the plaintiff in accordance with the provisions regarding possession.
In a lawsuit for entitlement due to inheritance, the defendant cannot claim that he acquired the estate property through prescription.

C. Statute of Limitations
Article 639 – A lawsuit for entitlement due to inheritance becomes time-barred one year from the date on which the plaintiff learns that he is the heir and that the defendant in good faith is in possession of the estate or estate property, and in any case, ten years from the death of the testator or the opening of the will.
The statute of limitations for actions not in good faith is twenty years.
CHAPTER THREE
SHARING THE HERITAGE

FIRST DISCRIMINATION
INHERITANCE PARTNERSHIP BEFORE SHARING
A. Result of the passing of inheritance
I. Inheritance partnership
Article 640- In cases where there is more than one heir, a partnership is established between the heirs that covers all rights and obligations in the estate, from the moment the inheritance passes until the division.
The heirs jointly own the estate and, without prejudice to any representation or management authority arising from the contract or law, they collectively dispose of all rights pertaining to the estate.
Upon the request of one of the heirs, the court of peace may appoint a representative to the inheritance partnership until the division.
Each of the heirs may request protection of the rights in the estate. All heirs benefit from the protection provided.
If an heir is unable to make payment, upon the opening of the inheritance, the other heirs may request the court of peace to take the necessary measures to protect their rights without delay.

II. Responsibility of the heirs
Article 641- Heirs are jointly and severally liable for the debts of the estate.
The appropriate amount of compensation to be given to adult children and grandchildren who live with their parents or grandparents and who devote their labor or income to the family is considered as an estate debt, provided that the estate does not become insolvent as a result of this.

B. Right to request sharing
Article 642- Each of the heirs may request the sharing of the inheritance at any time, unless he is obliged to continue the partnership by contract or law.
Each heir may request the court of peace to decide on the distribution of certain properties in the estate in kind, or if not possible, by sale. Upon the request of one of the heirs, the judge shall make the distribution by taking into account the entire estate and each of the properties in the estate, and if possible, by giving all of each of the real estates to one of the heirs. The difference between the values of the real estates given to the heirs shall be compensated by paying money, and the inheritance shares shall be balanced.
If immediate division would significantly reduce the value of the property or estate in question, the judge of peace may decide to postpone the division of this property or estate upon the request of one of the heirs.
C. Postponement due to fetus
Article 643- If there is a fetus that can inherit on the date the inheritance is opened, the sharing shall be postponed until its birth.
If the mother is needy, she may request that her living expenses until the birth be covered from the estate.

D. Conversion of joint ownership into shared ownership
Article 644- If an heir requests that the joint ownership of all or part of the properties included in the estate be converted into shared ownership, the judge of peace calls on the other heirs to notify them of their objections, if any, within the period he determines.
If no objection is raised that would justify the continuation of joint ownership or if one of the heirs does not file a partition lawsuit within the specified period, a decision is made to convert the joint ownership of the property in question into shared ownership.
The above provisions also apply to the division of other rights and receivables included in the estate in proportion to the shares.

E. The right of those living together
Article 645- The persons living with the deceased and cared for by him/her at the time of his/her death may request that three months’ maintenance and living expenses be provided from the estate, starting from the date of death.

SECOND DIFFERENCE
HOW TO SHARE
A. In general
Article 646- Legal heirs shall share the inheritance among themselves and with the appointed heirs according to the same rules.
Unless otherwise provided, the heirs freely decide how the division will be made.
Heirs who are in possession of the estate assets or who owe debts to the testator are obliged to provide complete information on this matter during the division.

B. Sharing rules
I. Disposition of the testator
Article 647- The testator may, through his testamentary disposition, set rules on how the distribution will be made and how the shares will be formed.
These rules are binding on the heirs, provided that the possibility of equalizing the shares in the event of an inequality not intended by the testator is reserved.
Unless it is understood from the disposition that he wishes otherwise, the decedent’s allocation of the estate property to an heir is not considered a will but merely a rule of distribution.

II. Participation of the trustee in sharing
Article 648 – A creditor who has taken over or seized the share of an heir in an opened inheritance or who has a certificate of insolvency against the heir may request the judge of peace to appoint a trustee to participate in the division in place of this heir.

C. Sharing takes place
I. Equality of heirs
Article 649- Unless otherwise provided by law, the heirs have equal rights over all the assets of the estate in the division.
The heirs are obliged to provide each other with all the information that should be taken into consideration in order to ensure that the sharing is in accordance with equality and justice regarding their relations with the testator.
Each heir may request that the estate debts be paid or secured before the division.

II. Creation of shares
Article 650- Heirs shall form a share of the estate property according to the number of heirs or common roots.
If there is no agreement, each of the heirs may request the creation of shares from the court of peace. In creating the shares, the judge takes into consideration local customs, the personal situations of the heirs and the wishes of the majority.
The allocation of shares is made in accordance with the agreement of the heirs. If this is not possible, a drawing of lots is made.

III. Specifying or selling certain goods
Article 651- Estate property that cannot be divided without a significant decrease in value is allocated in its entirety to one of the heirs.
If the heirs cannot agree on the division or allocation of an estate property, that property is sold and the price is divided.
If one of the heirs requests it, the sale is made by auction. If the heirs cannot agree on the method of auction, the judge of peace decides that the auction will be held among the heirs or open to everyone.

D. Allocation of the family home and household goods to the surviving spouse
Article 652 – In the event of the death of one of the spouses, if there are household goods or the house where the spouses live together among the estate assets, the surviving spouse may request that ownership rights be granted to him/her on these assets in deduction from his/her right of inheritance.
In the presence of justified reasons, upon the request of the surviving spouse or one of the other legal heirs of the testator, a decision may also be made to grant usufruct or residence rights in place of the property.
In the sections where the deceased practiced a profession or art and where it is necessary for one of his descendants to practice the same profession or art, the surviving spouse cannot use these rights. The provisions of inheritance law regarding agricultural real estate are reserved.

E. Goods with properties
I. Items that constitute a whole or have family documents and special commemorative value
Article 653- In case of objection by one of the heirs, the goods that form a whole due to their characteristics or the purpose for which they were allocated cannot be separated from each other.
Family documents and items of special value for the family cannot be sold if one of the heirs objects. If a dispute arises between the heirs, the justice of the peace decides to allocate the item to one of the heirs, with or without deduction from their share, or to sell it, taking into account local customs or, if there is no custom, personal circumstances.
Special law provisions are reserved.

II. The decedent’s receivables from the heirs
Article 654- The receivables of the testator from an heir shall be offset against the share of that heir during the division.

III. Mortgaged estate properties
Article 655- In the division, the heir who receives an estate property that is pledged for the debts of the testator assumes the debt secured by that property.

IV. Real Estates
1. Division
Article 656- The provisions of the law regarding the division of real estate are reserved.

2. Specialization
a. The value that is the basis for specialization
Article 657- Immovable properties are allocated to the heirs based on their actual value at the time of division.
Agricultural real estates are allocated according to their income value, while other real estates are allocated according to their sales value.

b. Determination of value
Article 658- If the heirs cannot agree on the allocation value, this value is determined by the judge of peace.
V. Agricultural enterprises
1. Exclusion from sharing
a. Conditions
Article 659- (Repealed: 30/4/2014-6537/9 art.)

b. Allocation of movables
Article 660- (Repealed: 30/4/2014-6537/9 art.)

c. To which heir will the allocation be made?
Article 661- (Repealed: 30/4/2014-6537/9 art.)

d. Regulation with disposition upon death
Article 662- (Repealed: 30/4/2014-6537/9 art.)

e. Heirs who are not adults
Article 663- (Repealed: 30/4/2014-6537/9 art.)

2. Family property partnership
a. Right to request
Article 664- (Repealed: 30/4/2014-6537/9 art.)

b. Termination of the partnership
Article 665- (Repealed: 30/4/2014-6537/9 art.)

3. Covering the shares of other heirs with the heir income certificate.
Article 666- (Repealed: 30/4/2014-6537/9 art.)

4. Sub-industrial enterprise
Article 667- (Repealed: 30/4/2014-6537/9 art.)

5. Selling the business
Article 668- (Repealed: 30/4/2014-6537/9 art.)

THIRD SECTION
EQUALIZATION IN INHERITANCE
A. Among the heirs
Article 669 – Legal heirs are obliged to each other to return to the estate the gratuitous gains they have received from the testator as compensation for their shares of the inheritance, in order to ensure equalization.
Benefits made by the testator to his descendants without receiving any consideration, such as giving a dowry or foundation capital, transferring an asset, or relieving from debt, and the like, are subject to equalization unless the testator expressly states otherwise.

B. In case of loss of inheritance capacity
Article 670 – The obligation to return an heir who loses his capacity as heir before or after the opening of the inheritance passes to the heirs who take his place in proportion to the increase in their shares of the inheritance.

C. Equalization method
I. Refund or set-off
Article 671- The heir who is obliged to return the property may, if he wishes, return what he received in its entirety; if he wishes, he may have its value offset against his share of the inheritance, even if it is greater than his share.
The testator’s dispositions contrary to this rule and the heirs’ rights regarding reduction are reserved.

II. Gains exceeding the inheritance share
Article 672- If the contribution made exceeds the inheritance share and the heir proves that the testator intended to leave it to him, this excess is not subject to equalization. The rights of the other heirs regarding reduction are reserved.

III. Equalization value
Article 673- Equalization is made according to the value of the gain at the time of equalization.
The provisions on unjust enrichment apply to the heirs regarding benefits and losses, income and expenses.

D. Education and training expenses
Article 674 – The obligation to repay expenses incurred for the education and training of children exists only for the part exceeding the customary measures, unless it is proven that the testator wishes otherwise.
Children who have not completed their education or training or who have a disability are paid a fair share.

E. Gifts and wedding expenses
Article 675- Ordinary gifts and traditional expenses incurred during the marriage are not subject to equalization.
The main reason is that there is a desire not to make the dowry expenses, which are made within the usual limits, subject to equalization in the marriages of descendant relatives.
FOURTH SECTION
COMPLETION OF SHARING AND ITS RESULTS
A. Finalization of sharing
I. Sharing agreement
Article 676- The creation and actual receipt of shares among the heirs or the sharing agreement they make among themselves binds the heirs.
With a sharing agreement, the heirs may also agree to convert the joint ownership of all or part of the estate assets into shared ownership in proportion to their inheritance shares.
The validity of the sharing agreement depends on it being made in writing.

II. Agreement on inheritance share
Article 677- The validity of the contracts made between the heirs regarding the transfer of the inheritance share in whole or in part of the estate is dependent on the written form.
The validity of such a contract to be made by an heir with a third person depends on its notarization. The contract does not authorize this person to participate in the division; it only grants the right to request that the share allocated to the heir be given to him at the end of the division.

III. Contracts made before the opening of the inheritance
Article 678 – Contracts made by an heir with other heirs or a third person regarding an inheritance that has not yet been opened, without the participation or consent of the testator, are not valid.
It may be requested that the obligations fulfilled under such a contract be returned.

B. Responsibility of heirs towards each other
I. Guarantee debt
Article 679- After the completion of the division, the heirs are liable to each other for the properties that fall to their shares in accordance with the provisions of sale.
The heirs guarantee against each other the existence of the receivables allocated to each of them in the sharing; they are responsible as ordinary guarantors for the debtor’s ability to pay for the amount of the receivable set off against the heir’s right, except for negotiable instruments registered on the stock exchange.
A lawsuit based on guarantee and suretyship becomes time-barred after one year has passed from the date of sharing or, for receivables to be settled later, from the date of maturity.

II. Invalidity of the sharing agreement
Article 680 – The general provisions of the Code of Obligations regarding invalidity also apply to sharing agreements.

C. Liability of the heirs to third parties
I. Joint and several liability
Article 681- The heirs are jointly and severally liable with all their assets, even after the division, for the debts of the estate for which the creditor has not expressly or implicitly consented to the division or transfer.
Succession ends five years after the date of sharing or, for debts to be paid later, after the due date.

II. Recourse to heirs
Article 682 – An heir who has paid an estate debt that was not assigned to him in the partition agreement or who has paid more than the amount he has received may have recourse against the other heirs.
The right of recourse is first exercised against the heir who has undertaken the debt through a sharing agreement.
In other cases, unless otherwise agreed upon, each heir is obliged to pay the debts in the estate in proportion to their share of the inheritance.

THE FOURTH BOOK
PROPERTY LAW

PART ONE
OWNERSHIP

CHAPTER ONE
GENERAL PROVISIONS
A. Content of property rights
Article 683- A person who owns something has the authority to use, benefit from and dispose of that thing as he wishes, within the limits of the legal order.
The owner may file a lawsuit for the right to claim against the person who unjustly took possession of his property, as well as a lawsuit to prevent any unjust seizure.

B. Scope of property rights
I. Integral part
Article 684- A person who owns something also owns the integral parts of that thing.
An integral part is a part that is the basic element of the main thing according to local customs and cannot be separated from it unless that thing is destroyed, damaged or its structure is changed.

II. Natural products
Article 685- The owner of a thing also owns its products.
Products are natural or legal products obtained periodically and other yields that are deemed appropriate to be obtained from something according to the purpose it is allocated to.
Natural products are an integral part of the original until they are separated from it.

III. Addendum
1. Definition
Article 686- Dispositions regarding a thing also include its additions, unless otherwise stated.
An accessory is a movable property that is permanently assigned to the main thing for its use, protection or benefit, and is attached, attached or otherwise made dependent on the main thing in its use, in accordance with the understandable wishes of the owner of the main thing or local customs.
The add-on does not lose this quality by being temporarily separated from the main thing.

2. Not considered as add-ons
Article 687 – Things that are allocated for temporary use or consumption by the person who possesses the main thing or things that are combined with the main thing for the sole purpose of preserving, selling or renting without any relation to its special nature are not considered accessories.

C. Joint ownership
I. Joint ownership
1. General rules
Article 688- In shared ownership, more than one person owns the entirety of a thing that is not materially divided, in certain shares.
Unless otherwise determined, the shares are considered equal.
Each of the shareholders has the rights and obligations of an owner in respect of his/her own share. The share can be transferred, mortgaged and seized by creditors.

2. Management and savings
a. Agreements
Article 689- Stakeholders may, by unanimous agreement among themselves, make arrangements that differ from the provisions of the law on matters related to utilization, use and management. However, the following rights and authorities of the stakeholders cannot be removed or limited by such an agreement:
1. To carry out the necessary management work to protect the usability and value of the property subject to joint ownership and, when necessary, to request the court to take relevant measures,
2. To take immediate measures to protect the property from any risk of damage or further damage, on behalf of all stakeholders.
Agreements regarding real estate can be annotated in the land registry upon the application of one of the stakeholders, provided that their signatures are approved by a notary public.

b. Ordinary management work
Article 690- Each of the shareholders is authorized to carry out ordinary management work, especially to carry out minor repairs and to carry out agricultural work.
Subject to the provisions of the law regarding the performance of mandatory and urgent tasks, different regulations regarding authority may be introduced in ordinary management tasks by a decision taken by the majority of the stakeholders.

c. Important management tasks
Article 691- Important management works such as changing the management method or type of agriculture, making or terminating contracts regarding ordinary lease or product lease, and improving the land must be decided by a majority of shares and stakeholders.
The same majority is required for maintenance, repair and construction works that exceed the ordinary management boundaries and are necessary to preserve the value of the shared property or its suitability for benefit.
In case of equality of shares and stakeholders, the judge, upon the request of one of the stakeholders, makes a fair decision considering the interests of all stakeholders; he may appoint a trustee from among the stakeholders or from outside to carry out the work he deems necessary.

d. Extraordinary management works and savings
Article 692- Changing the purpose for which a shared property is allocated, undertaking construction work that exceeds the extent required for protection or normal use, or disposing of the entire shared property is subject to the approval of all shareholders, unless otherwise unanimously decided.
If a real estate mortgage or real estate burden is established on the shares, the shareholders cannot register the entire property with similar rights.

3. Utilization, use and protection
Article 693- Each of the shareholders may benefit from and use the shared property to the extent that it is compatible with the rights of the others.
In case of dispute, the judge determines the method of utilization and use. This determination may also be in the form of dividing the use of the shared property among the stakeholders in terms of time or place.
Each stakeholder can represent other stakeholders to ensure the protection of indivisible common interests.
4. Expenses and liabilities
Article 694 – Unless otherwise provided, management expenses, taxes and other liabilities arising from shared ownership or concerning shared property shall be borne by the shareholders in proportion to their shares.
A shareholder who has paid more than his/her share may have recourse against the others in proportion to their shares.

5. Binding nature of decisions
Article 695 – The arrangements and decisions made by the shareholders on issues related to utilization, use and management, and the decisions given by the court, are binding on those who later become shareholders or acquire real rights over the share.
In order for decisions regarding the use, exploitation and management of real estate to bind those who subsequently become shareholders or acquire real rights over the share, they must be annotated in the land registry.

6. Exclusion from partnership
a. Removal of the stakeholder
Article 696 – If a shareholder who has seriously violated his obligations towards all or part of the other shareholders, through his own attitudes and behaviors or the attitudes and behaviors of those for whom he has ceased to use the property or whose actions he is responsible, has made the continuation of the co-ownership relationship unbearable for them, he may be removed from the shareholding by a court decision.
Unless otherwise agreed upon, the filing of a lawsuit is subject to a decision by the majority of shares and stakeholders.
If the judge finds the request for removal justified, and if it is possible to separate the part of the property that will cover the share of the co-owner to be removed, he decides to allocate the separated part to the co-owner who is removed from the joint ownership by making this separation.
The shareholder or shareholders who want the share in the property that cannot be separated in kind to be transferred to them at the value on the date of the lawsuit must put forward this request together with the request for removal from the partnership. The judge decides on the payment or deposit of the share value within an appropriate period that he/she will determine ex officio before giving a verdict. In case the lawsuit is accepted, the share is decided to be registered in the name of the person who made the request.
If the part that will cover the share cannot be separated from the property as is and there is no shareholder who wants this share, the judge determines a period for the defendant to transfer his share and decides to sell the share that is not transferred within this period by auction. The sale decision is carried out in accordance with the provisions regarding the conversion into cash by compulsory execution.

b. Removal of other rights holders
Article 697- The provisions regarding the expulsion of a shareholder shall also apply, by analogy, to the owners of usufruct or other real or personal benefit rights recorded in the title deed. However, a right that is not permissible to transfer shall be terminated in return for an appropriate compensation.

7. Termination of joint ownership
a. Sharing request
Article 698- Unless there is an obligation to continue joint ownership due to a legal transaction or because the joint property has been allocated to a permanent purpose, each of the shareholders may request the sharing of the property.
The right to request sharing can be limited to a maximum of ten years through a legal transaction. Contracts regarding the continuation of shared ownership in real estate are subject to official form and can be annotated in the land registry.
Sharing requests cannot be made at inappropriate times.

b. Sharing method
Article 699- Sharing is carried out by dividing the property in kind or by selling it through bargaining or auction and dividing its price.
If agreement cannot be reached on the method of sharing, upon the request of one of the parties, the judge decides that the property be divided and distributed in the same way, or if the values of the divided parts do not correspond, money is added to the part with the lesser value to provide an equalization.
If the request for division is not deemed appropriate under the circumstances and conditions, and especially if it is not possible to divide the shared property without suffering a significant loss in value, a sale by auction is ordered. The decision to make the sale by auction among the stakeholders is subject to the consent of all stakeholders.
c. Status of the usufruct owner

Article 700- If a shareholder establishes a usufruct right on his/her own share and one of the other shareholders requests sharing within three months from the date of notification of the establishment of the usufruct right, the usufruct right in the sharing through sale continues on the price that will be allocated to the relevant share.

II. Cooperative ownership
1. Sources and nature
Article 701 – The ownership of goods by those who own them together as a result of a community formed in accordance with the law or contracts stipulated in the law is joint ownership.
In joint ownership, the partners do not have specific shares, but each of them has a right to all of the assets in the partnership.
2. Provisions
Article 702- The rights and obligations of the partners are determined by the provisions of the law or contract that created the community.
Unless otherwise provided by law or contract, the partners must make unanimous decisions for both management and disposal transactions.
As long as the community arising from the contract continues, no sharing can be made and no disposal can be made on a share.
Each partner can ensure that the rights of those entering into the community are protected. All partners benefit from this protection.

3. Termination
Article 703 – Co-ownership ends with the transfer of property, dissolution of the community or transition to shared ownership.
Unless otherwise provided, the distribution is made in accordance with the provisions of shared ownership.

CHAPTER TWO
REAL ESTATE OWNERSHIP

FIRST DISCRIMINATION
SUBJECT, ACQUISITION AND LOSS OF REAL ESTATE OWNERSHIP
A. Subject of real estate ownership
Article 704- The subjects of real estate ownership are as follows:
1. Land,
2. Independent and permanent rights recorded on a separate page in the land registry,
3. Independent sections registered in the condominium registry.

B. Acquisition of real estate ownership
I. Registration
Article 705- Acquisition of real estate ownership is through registration.
In cases of inheritance, court decision, forced execution, occupation, expropriation and other cases stipulated by law, ownership is acquired before registration. However, in these cases, the owner’s ability to dispose of the property depends on the property being registered in the land registry.

II. Ways to earn
1.Legal action
Article 706 – The validity of contracts aiming at the transfer of real estate ownership depends on their being drawn up in an official manner.
Testamentary dispositions and property regime contracts are subject to their own specific forms.
2. Occupation
Article 707- The acquisition of ownership of a real estate registered in the land registry through occupation is only possible if the registration is cancelled upon the request of the owner.
Ownership cannot be acquired through occupation of real estate that is not registered in the land registry.

3. New land formation
Article 708- Land suitable for use that is re-established in abandoned areas due to reasons such as accumulation, filling, landslides or changes in the bed or level of public waters shall belong to the State.
The State may transfer this land to the person whose land has been lost or to the owner of adjacent land, provided that there is no public objection.
The owner who proves that the land pieces were separated from his land can take them back within one year starting from the date he learned about the situation and in any case within ten years starting from the date of formation.

4. Landslide
a. In general
Article 709- Land slide does not require a change of border.
The provisions regarding drifting objects and mixing apply to land pieces and other objects that have moved from one real estate to another due to land slides.

b. Landslide
Article 710 – The principle that landslides do not cause border changes shall not be applied in areas determined by the competent authorities to be landslide zones.
While determining these regions, the structure of the land in the region is taken into consideration.
The fact that a real estate is located in such a region is notified to the relevant parties in an appropriate manner and is recorded in the declarations column of the land registry.

c. Re-determination of the border
Article 711- If the border does not reflect the truth due to land displacement, the relevant real estate owner may request the redetermination of the border.
Excesses and deficiencies are balanced.

5. Acquisition statute of limitations
a. Ordinary statute of limitations
Article 712 – If a person who is registered as the owner in the land registry without a valid legal reason continues to possess the real estate for ten years without any lawsuit and in good faith, the right of ownership acquired by him in this way cannot be objected to.
b. Extraordinary statute of limitations
Article 713- A person who has possessed an immovable property that is not registered in the land registry, without any lawsuit and continuously for twenty years, as the owner, may request that his ownership right over the whole, a part or a share of that immovable property be registered in the land registry.
Under the same conditions, the possessor of the whole of a real estate or a part of it that is registered in the name of a person whose ownership cannot be determined from the land registry or who was declared missing twenty years ago (…) may request that the ownership right over the whole, part or a share of that real estate be registered in the land registry.
The registration lawsuit is filed against the Treasury and the relevant public legal entities or, if any, the heirs of the person shown as the owner in the title deed.
The subject of the case is announced by the court in a newspaper and an internet news site, and also at the location of the real estate, at least three times with appropriate means and intervals.
If no one objects within three months from the last announcement, claiming that the above conditions have not been met, or if the objection is not found to be justified and the plaintiff’s claim is proven, the judge will decide on registration. Ownership is acquired when the conditions stipulated in the first paragraph are met.
Defendants and objectors may request that registration be decided on their behalf in the same lawsuit.
The decision specifies the nature, location, boundaries and surface area of the real estate to be registered, and a sketch containing technical information prepared by experts is also attached to the decision.
Special law provisions are reserved.

c. Calculation of periods
Article 714- In calculating, interrupting and stopping acquisitive prescription periods, the provisions of the Code of Obligations regarding prescription shall be applied by analogy.

6. Abandoned places and publicly owned properties
Article 715- Ownerless places and publicly owned property are under the rule and disposal of the State.
Unless proven otherwise, public waters and non-agricultural areas such as rocks, hills, mountains, glaciers and the resources coming from them are not owned by anyone and cannot be subject to private property in any way.
The acquisition, maintenance, protection, operation and use of abandoned places and publicly owned properties are subject to special legal provisions.

III. Right to request registration
Article 716 – A person who has the personal right to request the registration of the property in his/her name from the owner, based on a legal reason that will form the basis for the acquisition of the property, may request the judge to transfer the property by decree if the owner refuses.
A person who acquires ownership of a real estate based on occupation, inheritance, expropriation, forced execution or court decision can register it directly.
Changes in the ownership of a real estate resulting from the property regime between spouses are directly registered in the land registry upon the request of one of the spouses.

C. Loss of real estate ownership
Article 717- Ownership of real estate ends with abandonment or complete destruction of the real estate.
In case of expropriation, the time when the ownership ends is determined by a special law.

SECOND DIFFERENCE
CONTENT AND RESTRICTIONS OF REAL ESTATE OWNERSHIP
A. Content of real estate ownership
I. Scope
Article 718- Ownership over land covers the air above it and the earth’s layers below it, to the extent that their use is beneficial.
This property also includes structures, plants and resources, subject to legal restrictions.

II. Borders
1. Determining boundaries
Article 719- The boundaries of real estate are determined by land registry plans and boundary signs on the land.
If the land registry plans and the signs on the land do not match, the border on the plan is the main one. This rule is not applied in areas determined by the authorities to be landslide zones.

2. Obligation to determine boundaries
Article 720- Every landowner is obliged to contribute to the correction of land registry plans or the placement of boundary signs on the land in order to determine uncertain boundaries upon the request of his neighbor.

3. Shared ownership over boundaries
Article 721- Boundaries such as walls, railings, fences, etc. that separate two real estates are considered to be the shared property of both neighbors, unless the contrary is proven.

III. Structures on the land
1. Land and building material
a. Property relationship
Article 722- If a person uses someone else’s material in a structure on his own land or his own or someone else’s material in a structure on someone else’s land, this material becomes an integral part of the land.
However, if the removal of materials used without the owner’s consent will not cause excessive damage, the owner of the materials may request that they be removed and returned to him at the expense of the person who constructed the building.
Under the same conditions, the owner of the land may also request that the materials used in the construction without his consent be dismantled and removed at the expense of the person who constructed the structure.

b. Compensation
Article 723- If the material is not removed, the landowner is obliged to pay appropriate compensation to the owner of the material.
If the landowner who commissioned the construction is not in good faith, the judge may decide to compensate the material owner for all damages suffered.
If the owner of the material that is used to build the building is not in good faith, the amount that the judge will decide may not exceed the minimum value that the material has for the land owner.

c. Granting ownership of the land to the material owner
Article 724- If the value of the structure is clearly greater than the value of the land, the bona fide party may request that the ownership of the whole or a sufficient part of the structure and land be given to the material owner in return for a suitable price.

2. Flood structures
Article 725- If the part of a building that is transferred to another person’s land has a right of easement on the transferred land, it becomes an integral part of the real estate belonging to the owner of the building.
If there is no such easement right, if the injured owner does not object within fifteen days from the date of learning about the overflow and if the circumstances and conditions justify it, the person who built the overflowing structure in good faith may request that a easement right be established for the overflowing part for a reasonable price or that the ownership of the piece of land on which this part is located be transferred to him.

3. Right of way
Article 726- The ownership of structures constructed to remain permanently under or on land belonging to someone else based on a superior easement belongs to the easement owner.
Establishing condominium or floor ownership rights on independent sections of a building that can be used on their own is subject to the Condominium Law.
No superficies can be established on independent sections.

4. Channels
Article 727- Water, gas, electricity and similar resources, even if they are located outside the real estate where the business is located, are considered as annexes of that business and the property of the business owner, unless there is a regulation to the contrary.
Except for the cases required by the neighborhood law, the immovable property can only be loaded as a right in rem through such a medium by establishing a right of easement.
If the area is not visible from the outside, the easement right arises by registering it in the land registry, or if it is visible from the outside, by establishing the area based on a contract drawn up by a notary.

5. Movable structures
Article 728- Huts, kiosks, arbours, sheds and similar light structures built on someone else’s land without the intention of being permanent belong to their owner.
Such structures are subject to the provisions of movable property and are not shown in the land registry.

IV. Seedlings planted in the field
Article 729- If a person plants someone else’s sapling on his own land or his own or a third person’s sapling on someone else’s land, the provisions regarding structures built using someone else’s materials or movable structures shall also apply to them.
Trees and forests cannot be subject to superficies.

V. Responsibility of the real estate owner
Article 730 – A person who suffers damage or is in danger of damage as a result of the use of his property right by an immovable property owner in violation of the legal restrictions of this right may sue for the restoration of the situation and the elimination of the damage and the danger he suffered.
The judge may decide to compensate the damages arising from the inevitable outbursts in accordance with local customs with an appropriate amount.

B. Restrictions on real estate ownership
I. In general
Article 731- Restrictions on real estate ownership arising from the law shall be effective without being registered in the land registry.
The removal or modification of these restrictions depends on the official preparation of the relevant contract and its annotation in the land registry.
Restrictions imposed for the public good cannot be lifted or changed.

II. Restrictions on the right to transfer
1. Legal pre-emption right
a. Pre-emption right holder
Article 732- In cases where a shareholder in shared ownership sells his or her share in the real estate, in whole or in part, to a third party, the other shareholders may exercise their pre-emptive rights.

b. Prohibition of use, waiver and limitation period
Article 733- The right of pre-emption cannot be exercised in sales through forced auction.
The waiver of the pre-emption right must be made formally and must be recorded in the land registry. The waiver of the pre-emption right in a particular sale is subject to written form and can be made before or after the sale.
The sale is notified to other stakeholders by the buyer or seller through a notary.
The pre-emption right expires three months after the date on which the sale was notified to the rightful owner and, in any case, two years after the sale.

c. Usage
Article 734- The pre-emption right is exercised by filing a lawsuit against the buyer.
The pre-emption right holder is obliged to deposit the sales price and the title deed expenses incurred by the buyer in cash to the place determined by the judge within the period determined by the judge before the decision to register the share in his/her name is made.

2. Contractual pre-emption right
Article 735- The pre-emption right arising from a contract annotated in the land registry can be exercised against any owner within the period and under the conditions specified in the annotation. If the conditions are not specified in the registry, the conditions of the sale of the real estate to a third party shall be taken as basis.
In any case, the effect of the annotation ends after ten years have passed from the date on which the annotation was given.
The provisions regarding the exercise of the legal pre-emption right and waiver also apply to pre-emption arising from the contract.

3. Purchase and redemption rights
Article 736- The rights of purchase and repurchase annotated in the land registry can be exercised against any owner within the period specified in the annotation.
The effect of the annotation shall, in any case, expire upon the expiration of ten years from the date on which the annotation was made.

III. Neighbor’s right
1. How to use
Article 737- Everyone is obliged to avoid any unrest that would negatively affect their neighbors while exercising the powers arising from real estate ownership and especially while carrying out business activities.
In particular, it is forbidden to cause a disturbance by producing smoke, mist, soot, dust, odor, noise or shaking that exceeds the level that can be tolerated among neighbors according to the condition, quality and local customs of the real estate.
The right to compensate for local customs and any unavoidable irregularities is reserved.

2. Excavations and structures
a. Rule
Article 738- While excavating and constructing, the owner must avoid damaging neighboring properties by shaking or endangering their lands or affecting the facilities on them.
Provisions regarding overflowing structures shall be applied to structures that are contrary to the rules of neighbourhood law.

b. Special rules
Article 739- The rules to be followed in excavations and constructions are determined by special laws.

3. Plants
a. Rule
Article 740- If the branches and roots that overflow and damage the neighbor’s land are not removed within a reasonable time upon his request, the neighbor may cut these branches and roots and transfer them to his own property.
The neighbor who tolerates the branches overflowing onto his cultivated or built-on land has the right to collect the fruits growing on these branches.
These provisions do not apply to neighboring forests.

b. Special rules
Article 741- The rules that neighboring real estate owners must comply with when planting plants are determined by special laws.

4. Naturally flowing water
Article 742- The owner of the real estate must tolerate the flow of water naturally flowing from the upper land to his own land, and especially rain, snow and undetained spring water.
Neither neighbor can change the flow of these waters to the detriment of the other.
The upper land owner can only keep the water needed for the lower land to the extent that it is necessary for his own land.

5. Draining excess water
Article 743- If the water of a land has been flowing naturally to the land below, the owner of the land below must accept the excess water from the land above, without the right to claim compensation.
If the owner of the land below is harmed by the flowing water due to the discharge, he may request that the water be drained through a channel built on his own land, with the expense being borne by the owner of the land above.
The provisions of the special law on the drying of marshes are reserved.

6. Transfer of medium
a. Obligation to bear
Article 744 – Every real estate owner is obliged to have the pipes, electrical lines and cables of waterways, drying channels, gas and similar systems routed under or over his land, provided that the entire amount of the damage he will suffer is paid in advance, if it is impossible or excessively costly to route them elsewhere.
If the transfer of a channel is subject to expropriation rules, the neighbourhood provisions of this Law regarding the channels shall not apply.
The right to pass the route is registered in the land registry upon the request of the right holder and on condition that he pays the expenses.

b. Protection of the interests of the liable real estate owner
Article 745- The obligated real estate owner may request that his interests be protected in an equitable manner.
If there are extraordinary conditions in the channels that will pass over the land, the owner may request that a suitable part of the land over which these channels will pass be purchased for a price that will fully compensate for the damage.

c. Change of situation
Article 746- If the situation changes, the owner of the immovable property may request that the land be transferred to another location for his benefit.
As a rule, relocation expenses are the responsibility of the media rights holder.
If special circumstances justify it, the real estate owner may also be held liable to contribute to an appropriate portion of the expenses.

7. Rights of way
a. Mandatory passage
Article 747- An owner who does not have a sufficient passage from his real estate to the public road may request from his neighbors the granting of a passage right in return for a full fee.
This right is exercised first against the neighbor from whom the request for this passage is most appropriate, considering the previous ownership and road conditions, and then against the one who will be harmed the least by it.
The mandatory passage is determined by considering the interests of both parties.

b. Other rights of way
Article 748- The right of the real estate owner to temporarily enter the neighboring real estate for the purpose of operating or improving his real estate or constructing on his real estate, as well as field roads, animal watering roads, winter passages, log sliding paths and chutes and other similar passages are subject to the provisions of special laws.
If there is no special law provision, local customs apply.
Rights of way that arise directly from the law arise without being registered in the land registry. However, those of a permanent nature are shown in the declarations column.

8. Limitations
Article 749- Without prejudice to the provisions regarding shared ownership of boundaries, every land owner shall cover the expenses incurred for surrounding the boundaries of his real estate with boundaries such as fences or walls.
The provisions of special laws regarding the obligation and form of enclosing land with boundaries are reserved.

9. Obligation to participate
Article 750 – Every real estate owner is obliged to participate in the works and expenses necessary for the exercise of the powers arising from the neighborhood law, in proportion to his own benefit.

IV. The right to enter another person’s land
1. Entering forests and pastures
Article 751- Unless prohibited by the competent authorities in order to protect the vegetation, everyone may enter the forests and pastures of others and collect and take wild fruits, mushrooms and similar things growing there, to the extent permitted by local customs.
Entering someone else’s land for hunting and fishing is subject to special legal provisions.

2. Taking the dragged things and their like
Article 752 – The landowner must give permission for the rightful owners to search for and take possession of things that have been dragged or fallen onto someone else’s land by the effects of water, wind, avalanches or other natural forces, or by chance, as well as animals such as cattle, sheep, bees, poultry and fish that have entered the land.
The landowner has the right to demand compensation for the damage he has suffered and to imprison those things until the compensation is paid to him.

3. In case of necessity
Article 753- If a person can prevent a harm or a current danger that threatens him or another person only by intervening in the real estate of another person, and if this harm or danger is significantly greater than the harm that would arise from intervening in the real estate, the owner must bear it.
The owner may therefore demand an equitable compensation for the damage he has suffered.

V. Public law restrictions
1. In general
Article 754 – Restrictions on the right to immovable property for the public good, especially on law enforcement services related to construction, fire, natural disasters and health; on the placement of boundary signs and landmarks on forests and roads, main and secondary roads on the shores of seas and lakes; on the improvement or division of land, on the unification of agricultural lands or plots specific to construction; on the protection of antiquities, natural beauties, landscapes, viewing points and rare nature monuments, as well as mineral waters, hot springs, mineral and spring waters, are subject to special provisions of law.

2. Soil improvement
Article 755- If the improvement works such as correcting waterways, irrigation, draining swamps, opening roads, cultivating forests, consolidating lands can only be done through the joint efforts of the relevant owners, two-thirds of the owners must decide on this, provided that they own more than half of the land. The other owners must also comply with this decision. The decision taken is shown in the declarations column of the land registry.
Special law provisions regarding these matters are reserved.

C. Spring and groundwater
I. Ownership and easement rights
Article 756- Resources are an integral part of the land, and their ownership can only be acquired together with the ownership of the land from which they originate.
The right over resources located on someone else’s land is established by registration in the land registry as a right of easement.
Underground waters are waters of public interest. Owning land does not result in owning the groundwater beneath it.
Special law provisions regarding the method and extent of landowners’ use of underground waters are reserved.

II. Damage to resources
1. Compensation
Article 757- Anyone who harms the owner or the person who has rights to a resource or well, by partially cutting off or polluting a resource or well from which water is used to a significant extent or from which water is collected for use, through excavation, construction or similar activities, is obliged to compensate for this damage.
If the damage was not caused intentionally or through negligence, or if the injured party is at fault, the judge determines whether compensation is necessary and, if necessary, the amount and type.

2. Reinstatement
Article 758- If the resources necessary for living in or operating a real estate or for providing drinking or utility water for a place are cut off or polluted, the resource may be requested to be restored to its former state to the extent possible.
Apart from these, reinstatement may only be requested if special circumstances justify it.

III. Sources fed from the same bed
Article 759- If neighboring sources belonging to different owners are fed by a common main source, each of the owners may request that these sources be kept together and that the water be distributed to the rightful owners in proportion to their previous use.
Rightful owners shall bear the common facility expenses in proportion to their use.
In case of objection by one of them, each of the right holders may carry out the necessary works to retain and drain the water in his own source, even if the water in other sources decreases, and if the amount of water coming to his own source increases as a result of these works, he will be liable to pay a price only in proportion to this increase.

IV. Special law provisions and local customs
Article 760- The use of water by neighbors and other persons from springs, wells or streams located on privately owned land for drinking, watering, watering animals or similar purposes is subject to the provisions of special laws. If there is no provision of special laws, local customs are applied.

V. Mandatory water
Article 761- The real estate owner who lacks the necessary water for his house, land or business and who cannot obtain it by any other means without enduring excessive trouble and expense may request from his neighbor the establishment of a servitude that will enable him to obtain the water in excess of his need for a full price.
In establishing compulsory water easement, the interest of the resource owner is primarily taken into consideration.
If the situation changes, it may be requested that the established easement be changed or removed.

CHAPTER THREE
MOVABLE OWNERSHIP
A. Subject
Article 762- The subject of movable property is the material things that can be moved due to their nature and the natural forces that are suitable for acquisition and are not included in the scope of immovable property.

B. Earning
I. Transfer of ownership
1. Transfer of possession
Article 763- Transfer of possession is necessary for the transfer of movable property.
A person who takes over the possession of a movable in good faith and as owner becomes the owner of that thing, even if the transferor does not have the authority to transfer the ownership, in cases where acquisition is protected according to the provisions on possession.

2. Reservation of ownership
a. In general
Article 764 – The reservation of ownership of a property transferred to another person becomes valid only if the contract is officially made and recorded in the special registry of the transferee’s place of residence at the notary public.
Reservation of title agreements cannot be made in animal sales.

b. Installment sales
Article 765- A person who sells goods in installments may request the return of the goods he sold, based on a reservation of title agreement, provided that he complies with the special provisions regarding such sales.

3. Surrender by default
Article 766- If the person who transfers the ownership of a movable property maintains the possession of that thing based on a special legal relationship, the ownership is transferred without delivery. However, if this transaction is made to cause harm to third parties or to evade the rules of movable mortgage, the transfer of ownership does not produce any results.
The judge will assess whether such a purpose was pursued.

II. Ownership
1. Unclaimed things
Article 767- A person who takes possession of an ownerless movable with the intention of owning it becomes its owner.

2. Animals that have become homeless
Article 768 – If the captured game animals are released again and their owners do not search for them without delay and without interruption and do not try to catch them again, they become ownerless.
Domesticated animals become wild again and if they are not returned to their owners, they become ownerless.
A swarm of bees does not become ownerless by flying to someone else’s property.

III. Found objects
1. Search and advertisement
Article 769- A person who finds a lost thing must report it to the owner of the thing, or if he does not know the owner, to the police, or to the headman in villages, or to conduct an investigation and, if necessary, make an announcement.
If the item found is of significant value, it must be reported to the law enforcement officers or the headman.
Anyone who finds something in a house or workplace or in a place where public services are provided must deliver it to the owner or tenant of that place or to those who are responsible for the inspection and supervision of the place where public services are provided.

2. Protection and sale
Article 770- The found thing must be carefully preserved.
If the preservation requires excessive expense or is perishable or has been stored by law enforcement or a public institution for more than one year, the found thing may be sold. The sale is made by auction, with prior notice if necessary.
The sales price replaces the found thing.

3. Acquisition of property, return
Article 771- If the owner of the found thing does not appear within five years from the date of announcement or notification to the police or the headman, the finder acquires ownership of that thing, provided that he has fulfilled his obligations.
If the found thing is returned to its owner, the finder may demand that the expenses incurred be reimbursed and a suitable reward be given.
If the lost thing is found in a dwelling, workplace or public service, the owner of that place, tenant or institution is considered to be the finder of that thing. However, they cannot claim a reward.

4. Treasure
Article 772- Valuables that are clearly understood to have been buried or hidden long before they were found and whose owner no longer exists, as the case may be, are considered treasure.
Without prejudice to the provisions regarding items of scientific value, the treasure becomes the property of the owner of the immovable or movable property in which it is located.
The person who finds the treasure may ask for a suitable reward not exceeding half of its value.

5. Items of scientific value
Article 773- In cases where unclaimed natural objects and antiquities of scientific value are found, special law provisions shall apply.

IV. Things that fall or drift
Article 774 – If movable property or animals come into the possession of someone through the effects of water, wind, avalanche or other natural forces or by chance, that person shall have the rights and be subject to the obligations of the person who finds the lost property.
A bee swarm that migrates to someone else’s hive becomes the owner of the hive without having to pay a price.

V. Processing
Article 775- If a person processes or transforms something belonging to someone else, if the value of the labor is greater than the value of the thing, the new thing becomes the property of the person who processed it, otherwise it becomes the property of the person who created it.
If the person who works is not in good faith, the judge may leave the new thing to the owner, even if the value of the labor is more than the value of the thing worked.
The rights to claim compensation and unjust enrichment are reserved.

VI. Mixing and merging
Article 776- If the movable properties of more than one person are combined or mixed with each other in a way that cannot be separated without significant damage or excessive effort and money, those persons shall have joint ownership of the new property in proportion to the value of their movable properties at the time of combination or mixing.
If a movable property is mixed or combined with another movable property in such a way that it becomes an integral part of it, the entire property belongs to the owner of the main part.
The rights to claim compensation and unjust enrichment are reserved.

VII. Acquisitive limitation
Article 777- A person who possesses another person’s movable property in good faith and with the title of owner for five years without a lawsuit and without interruption becomes the owner of that movable property through prescription.
In case of involuntary loss of possession, if the possessor seizes the property within one year or regains it through a lawsuit, the acquisitive prescription will not be interrupted.
The provisions of the Code of Obligations regarding the statute of limitations are applied by analogy in calculating, interrupting and stopping the acquisitive limitation period.

C. Loss
Article 778- Ownership of movable property does not end with the loss of possession alone, unless it is abandoned by the owner or acquired by someone else.

PART TWO
LIMITED RIGHTS IN REALITY

CHAPTER ONE
EASEMENT RIGHTS AND REAL ESTATE BURDEN

FIRST DISCRIMINATION
RIGHT OF EASEMENT IN FAVOR OF REAL ESTATE
A. Subject
Article 779 – The right of easement in favor of an immovable property is a burden imposed on an immovable property in favor of another immovable property, and obliges the owner of the burdened immovable property to refrain from using certain powers provided by the right of ownership or to tolerate the owner of the immovable property benefiting from using the burdened immovable property in a certain manner.
Obligations to perform cannot be the subject of easement on their own; they can only be attached to it as ancillary performance.

B. Establishment and termination
I. Establishment
1. Registration
Article 780- Registration in the land registry is required for the establishment of easement rights.
Unless otherwise provided, the provisions regarding real estate ownership shall apply in the acquisition and registration of easement rights.
Acquisition of easement rights through prescription is only possible for real estates whose ownership can be acquired through this method.

2. Contract
Article 781- The validity of the contract regarding the establishment of easement right depends on its being drawn up in an official manner.

3. Right of easement on own real estate
Article 782- The owner may establish a right of easement on one of the two real estates belonging to him in favor of the other.

II. End of
1. In general
Article 783- The right of easement ends with the cancellation of the registration or the destruction of the real estate that is burdened or benefited from.

2. The same person owns both properties.
Article 784- If the real estates that are encumbered and those that are used are owned by the same person, this person may terminate the easement right.
Unless it is abandoned, easement continues to exist as a right in rem.

3. Court decision
Article 785- If there is no longer any benefit provided by this right for the real estate in whose favor the easement has been established, the owner of the encumbered real estate may request the cancellation of this right.
A right of easement that provides little benefit in proportion to its burden may be requested to be partially or completely abandoned in return for a fee.

C. Provisions
I. Scope
1. In general
Article 786- The easement right holder may take the necessary measures to protect and use his right; however, he must use his right in a way that will cause the least harm to the owner of the loaded real estate.
The owner of the encumbered real estate cannot act in a way that would prevent or make difficult the use of the easement right.

2. According to the registration
Article 787- Registration is the basis for determining the scope of the easement to the extent that it clearly determines the powers and obligations arising from the easement.
In cases where it is not clearly understood from the registration, the scope is determined within the boundaries of the registration, according to the reason for the acquisition of the easement or the way it has been used for a long time without litigation and in good faith.

3. Changing needs
Article 788- Changes in the needs of the benefiting real estate cannot aggravate the burden of the burdened real estate arising from the easement.

4. Special law provisions and local customs
Article 789- In determining the scope of rights of way such as field roads, pedestrian or vehicle crossings, and rights of grazing animals, watering animals, taking water to fields or ditches, and similar rights, the provisions of the agreement between the parties or special laws, or in the absence of such rights, local customs, shall apply.

II. Maintenance expenses
Article 790 – The maintenance of the facilities necessary for the use of the easement right belongs to the real estate owner who benefits from it.
If the facilities are beneficial to both owners of the real estate, both owners share in their maintenance costs in proportion to their benefits.

III. Changes
1. Change of the place to which the easement right relates
Article 791 – If the easement right is established on the condition that only a certain part of the real estate bearing the right is used, the owner of this real estate may request the transfer of the easement to another part of the real estate in a way that does not make the exercise of the right difficult, provided that he proves his interest and undertakes the expenses.
Even if the place where the easement right will be used is specified in the land registry, the owner of the encumbered real estate can use this authority.
In the transfer of channels from one place to another, the rules of neighbourhood law are also taken into consideration.

2. Division
a. Division of the benefiting real estate
Article 792- In case the benefited real estate is divided into parcels, the rule is that the easement right continues for the benefit of each parcel.
However, if the easement right can only be used for the benefit of one parcel depending on the situation and conditions, the owner of the encumbered real estate may request the cancellation of the easement right for the other parcels.
The land registry officer notifies the easement owner of this request and cancels the easement right if he does not object within one month.

b. Division of the loaded real estate
Article 793- In case the encumbered real estate is divided into parcels, the rule is that the easement right continues on each parcel.
However, if the easement right is not used on certain parcels, or cannot be used due to the situation and conditions, each owner of these parcels may request the cancellation of the easement right on his own real estate.
The land registry officer notifies the easement owner of this request and cancels the easement right if he does not object within one month.

SECOND DIFFERENCE
USEFULNESS AND OTHER EASEMENT RIGHTS
A. Usufruct
I. Subject
Article 794- Usufruct can be established on movables, immovables, rights or property.
Unless otherwise regulated, this right provides the owner with full authority to benefit from its subject matter.

II. Establishment
Article 795- The right of usufruct is established by the transfer of possession in movable properties, by the transfer of receivables in receivables, and by registration in the land registry in immovable properties.
Unless otherwise regulated, the provisions regarding ownership apply to the acquisition and registration of usufruct rights in movable and immovable properties.
Even if the legal usufruct right on the real estate is not registered in the land registry, it can be claimed against those who know the situation. If it is registered, it can be claimed against everyone.

III. Termination
1. Reasons for termination
Article 796 – The right of usufruct ends when its subject is completely destroyed and the registration of real estate is cancelled; the legal right of usufruct ends when its reason disappears.
Other reasons for termination, such as the expiration of the term or the renunciation or death of the rightful owner, give the owner the right to request abandonment of the real estate.

2. Duration
Article 797- The right of usufruct ends in the case of natural persons, upon the death of the right holder; in the case of legal persons, upon the expiry of the agreed period or, if no period has been agreed upon, upon the disappearance of the personality.
The usufruct rights of legal entities can continue for a maximum of one hundred years.

3. Devastation or expropriation
Article 798- The owner is not obliged to restore the usufruct property that is in disrepair and cannot be used; if he does so, the usufruct right is re-established.
In cases such as insurance and expropriation, the usufruct right continues on the consideration that replaces the subject of the right.

4. Return
a. Liability
Article 799- When the usufruct right expires, the right holder is obliged to return the property that is the subject of the right to the owner.

b. Responsibility
Article 800 – The usufructuary is liable for the destruction of the property or the decrease in its value, unless he proves that the damage was not caused by his fault.
The usufructuary is obliged to compensate for the things he has consumed although they were not necessary for his benefit.
The usufruct owner is not responsible for any decrease in value that occurs as a result of normal use of the property.

c. Expenses
Article 801- The usufructuary may claim compensation for expenses, renewals and additions he has made, even though he was not liable for them, in accordance with the provisions of acting without agency, when the right expires.
If the owner refuses to pay compensation, the usufruct owner may remove the additions he made, provided that he restores the property to its former state.

5. Statute of Limitations
Article 802 – All claims that may be put forward by the owner or usufructuary at the time of return become time-barred after one year from that time.

IV. Provisions on usufruct rights
1. Rights of the usufructuary
a. In general
Article 803- The usufruct owner has the authority to possess, manage, use and benefit from the property that is the subject of the right.
The usufructuary must exercise care like a good manager when exercising these powers.

b. Natural products
Article 804- Natural products that mature within the usufruct period belong to the usufruct owner.
The owner or usufruct owner who sows or plants the crop may request from the other party who collects the ripened crops an appropriate fee for the expenses incurred, not exceeding the value of the crop.
Integral parts of the property that are not considered natural yields or products of the property due to their nature belong to the owner.

c. Interest rates
Article 805- The interests and other periodic incomes of the capital subject to the usufruct right belong to the usufruct owner from the date the usufruct right begins until the date it ends, even if they become due later.

d. Transfer of the use of the right
Article 806- Unless there is a provision to the contrary in the contract or unless it is understood from the circumstances and conditions that it should be used personally by the right holder, the use of the usufruct right may be transferred to someone else.
In this case, the owner may assert his rights directly against the transferee.

2. Rights of the owner
a. Supervision
Article 807- The owner may object to the use of the property that is the subject of the right, which is unlawful or incompatible with its nature.

b. Requesting assurance
Article 808- The owner who proves that his rights are in danger may request assurance from the usufructuary.
If the subject of the usufruct is a consumable thing or a valuable document, the owner may request security before delivery without the need to prove the danger.
Depositing valuable documents to a safe place serves as security.

c. Assurance in forgiveness
Article 809- In donations made in which the right of usufruct remains with the donor, no guarantee can be requested from the donor.

d. Consequences of failure to provide assurance
Article 810 – If the usufruct owner does not provide security within the appropriate period granted to him or her, or if he or she continues to use the property in question illegally despite the owner’s objection, the magistrate shall remove the usufruct owner’s possession until a new decision and entrust the subject of the right to a trustee whom he or she appoints.

3. Bookkeeping
Article 811- The owner or the usufruct owner may at any time request the other person to keep a notary public’s official book of the goods subject to the usufruct in order to share the expenses.

4. Obligations of the usufructuary
a. Protection of property
Article 812- The usufruct owner is obliged to make the necessary repairs and renewals for the preservation and ordinary maintenance of the property that is the subject of the right.
If the preservation of the property requires more important work to be done or precautions to be taken, the usufructuary must notify the owner of the situation and allow these to be carried out.
If the owner refuses to carry out the necessary work, the usufructuary may carry out these works on his behalf.

b. Maintenance and operating expenses
Article 813- The ordinary maintenance and operating expenses of the property subject to usufruct, the interests, taxes and duties of the debts it secures belong to the usufructuary during the usufruct period.
If the owner has paid taxes and duties, the usufruct owner must compensate them to the owner in accordance with the above-mentioned principle.
All other obligations belong to the owner. However, if the usufructuary does not provide the owner with the money required to fulfill these obligations, free of charge, upon request, the owner may convert the property subject to the usufruct into money, partially or completely, in order to fulfill these obligations.

c. Interest on debts in the usufruct of assets
Article 814- In the usufruct of property, the usufruct owner is obliged to pay the interest on the debts in this property. However, if the situation and conditions justify it, the usufruct owner may request to be relieved of this obligation. In this case, the usufruct right continues on the remaining part after the payment of the debts.

d. Insurance
Article 815- If it is required by good management according to local customs, the usufructuary is obliged to insure the property against fire and other hazards in favor of the owner.
In this case, or if the usufruct right is established on an insured property, the usufruct owner is obliged to pay insurance premiums for the duration of his right.

V. Special cases
1. Real Estates
a. Products
Article 816- A person who has a usufruct right over a real estate is obliged to take care to ensure that the benefit remains within normal limits.
The products obtained by exceeding this measure belong to the owner.

b. Direction of specificity
Article 817- The usufruct owner cannot change the economic allocation direction of the immovable property in question in a way that will cause significant harm to the owner; in particular, he cannot transform it into a new form or make any significant changes to it.
The usufruct owner may open stone, lime, marble and peat quarries and the like, provided that he notifies the owner in advance and does not make any significant changes in the economic allocation of the real estate.

c. Forests
Article 818- A person who has a usufruct right over a forest may benefit from it within the framework of an operation plan in accordance with the provisions of a special law.
The owner and the usufruct owner may request that their rights be taken into consideration when preparing the business plan.
If normal utilization is significantly exceeded due to storm, snow, fire, flood, pest infestation or other reasons, the forest is operated in a way that will gradually reduce this loss or the management plan is adapted to the new situation. The cost obtained due to excessive utilization is invested in a way that yields interest and is allocated to eliminate the lack of productivity.

2. Things that can be consumed and valued
Article 819- Unless otherwise agreed, the ownership of consumable things passes to the usufructuary; however, the usufructuary is obliged to pay the current value of these things at the time of return.
The usufructuary may freely dispose of other movables that have been delivered to him by estimating their value, unless otherwise agreed upon; however, if he exercises this authority, he is obliged to pay the estimating value of these things at the time of return. This payment may be made by giving goods of the same type and quality as agricultural equipment, animal herds, commercial goods or similar things.

3. Receivables
a. Scope of benefit
Article 820- The right of usufruct on a receivable gives the right to obtain its income.
The payment request to be made against the debtor and the dispositions on the negotiable instruments must be made jointly by the creditor and the usufructuary, and the notification to be made by the debtor to pay his debt must be directed to both of them.
If the claim is in danger, each creditor and usufructuary may request the other to participate in taking the measures required by good management.

b. Payment and operation
Article 821- A debtor who is not authorized to pay either the creditor or the usufruct owner must pay his debt to both of them or deposit it in a place determined by the judge.
The subject of the fulfilled obligation and especially the principal to be repaid are subject to the right of usufruct.
The creditor or usufruct owner may request that the principal be deposited in a safe and profitable place.

c. Right to request transfer
Article 822- The usufructuary may request the transfer of the receivables and negotiable instruments that are the subject of the usufruct to himself within three months following the commencement of the usufruct.
The usufruct owner becomes obliged to pay the receivable and the negotiable instruments to the transferor in the amount of their value at the time of transfer, and is obliged to provide additional security for this debt unless waived.
If the requirement for security is not waived, the transfer becomes effective only after the security is provided.

B. Right to reside
I. In general
Article 823- The right of residence grants the right to use a building or a part of it as a residence.
The right to reside cannot be transferred to anyone else and does not pass to heirs.
Unless otherwise provided in the law, the provisions regarding the right of usufruct also apply to the right of residence.

II. Scope of the right of residence
Article 824 – The scope of the right of residence is generally determined according to the personal needs of the right holder.
The owner of the right to reside may reside in the building or a part of it with his family and household, unless it is clearly stated that the right is reserved for him.
A person who has the right to reside on a part of the building can also benefit from the areas allocated for common use.

III. Expenses
Article 825- If the right of occupancy grants the right to use the entire building or a section of it; the repair and renewal expenses necessary for the preservation and ordinary maintenance of the building or section belong to the owner of the right of occupancy.
If the owner of the occupancy right uses the building or a part of it together with the owner, the maintenance and repair expenses belong to the owner.

C. Right of superiority
I. Subject and registration in the land registry
Article 826- An immovable property owner may establish a right of easement in favor of a third person, granting the right to construct a structure under or on his land or to preserve an existing structure.
Unless otherwise agreed, this right is transferable and passes to the heirs.
If the superficies are independent and permanent, they can be recorded as immovable in the land registry upon the request of the superficies owner. A superficies established for at least thirty years is permanent.

II. Content and scope
Article 827- The contractual records in the official deed regarding the content and scope of the superficies, especially the location, shape, quality, dimensions, purpose of allocation of the structure and the use of the area where there is no structure, are binding for everyone.

III. Consequences of termination
1. Transfer of building ownership to the owner
Article 828- When the superficies expire, the buildings remain with the land owner and become an integral part of the land.
If the independent and continuous right of superficies is recorded as immovable in the land registry, this page is closed when the right of superficies expires. The lien rights on the right of superficies recorded as immovable, all other rights, restrictions and obligations also expire with the closing of the page. Provisions regarding the price are reserved.

2. Price
Article 829- Unless otherwise agreed, the real estate owner shall not pay a price to the superficies owner for the structures remaining to him. If a reasonable price is agreed to be paid, its amount and method of calculation shall be determined. The price agreed to be paid constitutes the security for the unpaid receivables of the creditors for whom the superficies are pledged and shall not be paid to the superficies owner without their consent.
If the agreed price is not paid or secured, the owner of the right of superficies or the creditor to whom this right has been pledged may request the registration of a mortgage of the same degree and rank in place of the abandoned right of superficies as security for the price receivable.
This mortgage is registered within three months from the termination of the superficies.

3. Other provisions
Article 830 – The amount of the price agreed to be paid to the superficies owner for the buildings remaining with the real estate owner, the method of calculation, and the agreements regarding the removal of this price debt and the restoration of the land to its original state are subject to the official form required for the establishment of the superficies and may be annotated in the land registry.

IV. Request for transfer before the due date
1. Conditions
Article 831- If the owner of the superficies grossly exceeds the limits of his powers arising from this right or acts significantly contrary to his obligations arising from the contract, the owner may request the transfer of the superficies to him, together with all the rights and obligations attached to it, before the expiry of the term.

2. Exercise of the right
Article 832- The owner may request the transfer of the right of construction on condition that he pays a reasonable price for the structures that will pass to him. The fault of the right of construction owner may be taken into consideration as a reason for reduction in the determination of the price.
The transfer of the superficies to the owner is subject to the payment of the price or its security.

3. Other cases
Article 833- In the event that the superficies holder acts contrary to his obligations, the right to terminate the superficies before the expiry of its term or to request its transfer, which is reserved in the contract in favour of the owner, is subject to the provisions regarding the request for transfer before the expiry of its term.

V. Security of superficies
1. Right to request the establishment of a mortgage
Article 834- In order to secure the obligations owed in the form of revenue in return for the right of construction, the owner may request the owner of the right of construction at that time to mortgage the right of construction recorded as immovable in the land registry for a maximum of three years of revenue.
If the income is not determined in the form of equal performances for each year, registration of this legal mortgage may be requested for the amount that would fall into three years in the event of equal distribution of the income.

2. Registration
Article 835- A mortgage can be registered at any time as long as the right of superficies continues and cannot be cancelled in a sale through execution.
The provisions regarding the establishment of a construction creditor mortgage are applied by analogy.

VI. Upper limit of the period
Article 836- The right of superficies can be established as an independent right for a maximum of one hundred years.
After three-quarters of its term has expired, the right of superficies may be extended at any time for a new period of up to one hundred years, in accordance with the form for which it was established. Any prior commitment to this effect is not binding.

D. Resource right
Article 837- The right of easement over a source located on someone else’s land obliges the owner of this land to bear the cost of taking and draining the water.
This right can be transferred to someone else and passes to the heir, unless otherwise agreed.
If the resource right is independent and has been established for at least thirty years, it can be recorded as immovable in the land registry.

E. Other easement rights
Article 838- The owner may also establish other easement rights on his real estate in favor of any person or group to serve a specific benefit, such as using it as a shooting training or sports field or as a passage.
These rights are non-transferable and do not pass to heirs unless otherwise agreed. The scope of these rights is determined according to the ordinary needs of the right holder.
The provisions regarding easements in favour of real estate also apply to such easements.

THIRD SECTION
REAL ESTATE LOAD
A. Subject
Article 839- Immovable burden obliges the owner of an immovable to give or do something to another person, but is only responsible for that immovable.
The owner of another real estate may also be shown as the rightful owner.
Subject to the immovable burdens related to the income certificate and public law, the subject of the immovable burden can only be an act that meets the economic needs of the immovable arising from or benefiting from the economic nature of the burdened immovable.

B. Establishment and termination
I. Establishment
1. Registration and acquisition
Article 840- Registration in the land registry is a condition for the establishment of immovable property burden.
In the registration, an amount determined in Turkish Lira or foreign currency is shown as the value of the real estate load. In periodic performances, the amount to be shown in the registry is twenty times the annual performances, unless otherwise agreed.
Unless otherwise provided, the provisions regarding real estate ownership shall apply in the acquisition and registration of real estate encumbrance.

2. Immovable burden related to public law
Article 841- Unless otherwise provided, registration of immovable property encumbrances related to public law in the land registry is not required.
In cases where the law only grants the creditor the authority to request the establishment of the immovable burden, the immovable burden arises only with registration.

3. Establishment for security purposes
Article 842- The provisions regarding the revenue bond shall apply to the immovable property established to secure a monetary claim.

II. End of
1. In general
Article 843- The real estate burden ends with the cancellation of registration or the complete destruction of the burdened real estate.
Waiver, relief from encumbrance and other termination reasons authorize the owner of the encumbrance to request abandonment from the rightful owner.

2. Relief from load
a. Authority of the creditor
Article 844 – The creditor may request the owner to relieve the immovable of the burden if authorized by the contract or in the following cases:
1. If the encumbered real estate is divided in a way that significantly endangers the rights of the creditor;
2. If the owner reduces the value of the loaded real estate and does not provide any other security in its place;
3. If the owner has not fulfilled the obligations of three consecutive years.

b. Authority of the obligor
Article 845 – The obligor may request the real estate to be relieved of its burden if authorized by the contract or in the following cases:
1. If the creditor does not comply with the contract establishing the immovable burden;
2. If thirty years have passed since the installation of the load, even if it was not purchased or was installed for more than thirty years.
After thirty years, the obligor’s ability to exercise his purchasing authority is dependent on giving one year’s notice to the creditor.
If the easement is established in favor of the real estate in a way that cannot be terminated, the burdened real estate cannot be requested to be relieved from this burden.

c. Cargo salvage cost
Article 846- The discharge of the cargo shall be based on the amount shown in the land registry as the value of the immovable cargo, provided that the right to prove that the real value is lower is reserved.

3. Statute of Limitations
Article 847- Immovable burden is not subject to limitation.
Obligations that are due are subject to limitation starting from the date they become the debtor’s personal debt.

C. Provisions
I. Nature of the creditor’s right
Article 848- The immovable burden does not grant the creditor any personal claim against the burdened immovable; it only gives him the authority to collect his claim from the value of the burdened immovable.
Each performance becomes a personal debt three years after it becomes due and payable, and the real estate ceases to be a security for this debt.

II. Nature of the load
Article 849- If the owner of the real estate changes, the new owner becomes the liable for the real estate without the need for any other procedure.
The provisions regarding the revenue document shall apply regarding the effect of the division of the encumbered real estate on the real estate burden.

CHAPTER TWO
REAL ESTATE LIEN

FIRST DISCRIMINATION
GENERAL PROVISIONS
A. Conditions
I. Types of real estate mortgage
Article 850- A real estate mortgage can only be established in the form of a mortgage, a mortgaged debt note or an annuity note.

II. Secured receivables
1. Principal
Article 851- A real estate mortgage may be established for a specific receivable, the amount of which is stated in Turkish currency. If the amount of the receivable is not certain, the upper limit to be secured by the real estate in a way that will meet all the demands of the creditor is specified by the parties.
A real estate mortgage in foreign currency may be established to secure loans granted in foreign currency or in foreign currency by credit institutions operating domestically or abroad. In this case, the amount expressed by each degree is shown in the currency in which the receivable subject to the mortgage is determined. However, a mortgage cannot be established using more than one currency type at the same degree.
In the event that a degree of a pledge established in foreign currency becomes vacant, a pledge can be established in Turkish currency or foreign currency equivalent to the date on which it will be registered. In the event that a degree of a pledge established in Turkish currency becomes vacant, a pledge can be established in foreign currency equivalent to the date on which it will be registered.
In the calculation of foreign or Turkish currency equivalents, the foreign exchange buying rate of the Central Bank of the Republic of Türkiye on the accounting day is taken as basis. The foreign currencies on which the lien rights can be established are determined by the President. is determined.

2. Interest
Article 852- Subject to the restrictive provisions, the parties may decide on the interest rate as they wish.

III. Real Estate
1. Being subject to foreclosure
Article 853- A lien can only be established on immovable properties registered in the land registry.

2. Specificity
a. If the real estate is single
Article 854- When establishing a mortgage, the real estate in question must be specified.
The parcels of the divided real estate cannot be subject to a lien unless they are recorded separately in the land registry.

b. If there is more than one real estate
Article 855- The pledge of more than one real estate for the same debt depends on the real estate belonging to the same owner or to owners who are jointly and severally liable for the debt.
In other cases where more than one real estate is pledged for the same receivable, the amount of the receivable that each real estate provides security for is specified when establishing the pledge.
Unless there is an agreement to the contrary, the land registry office distributes the security to each of the real estates in proportion to their value.

B. Establishment and termination of the pledge
I. Establishment of the pledge
1. Registration
Article 856- Real estate mortgage is established by registration in the land registry. The exceptional cases stipulated in the law are reserved.
The validity of the contract regarding the establishment of a real estate mortgage depends on it being made officially.

2. In real estates belonging to more than one person
Article 857- In shared ownership, a shareholder may pledge his/her share.
Once a lien is established on a share, the shareholders cannot pledge the entire property.
Real estate subject to joint ownership can only be pledged as a whole and in the name of all owners.

II. Termination of the lien
Article 858- The real estate mortgage ends with the cancellation of registration or the total destruction of the real estate.
The provisions of the law regarding expropriation are reserved.

III. Consolidation of real estates
1. Transfer of the lien to another real estate
Article 859- As a result of the parcel consolidation and distribution process carried out by the authorized public institution or organization, the liens on the combined parcels are transferred to the real estate given in place of that parcel, preserving their order.
If the real estate resulting from the merger replaces more than one parcel, some of which are mortgaged or some of which are not mortgaged, for different receivables, the lien rights on this real estate cover the real estate as a whole and maintain their order to the extent possible.

2. The debtor’s release of the real estate from the lien
Article 860 – The debtor of a receivable secured by one of the combined real estates may redeem the real estate from the lien by paying the consideration during the consolidation, provided that he/she notifies three months in advance.

3. Money paid as consideration
Article 861- The money paid as a price for a mortgaged real estate is distributed among the creditors according to their ranks, or in proportion to the amounts of their receivables if they are in the same rank.
If this amount exceeds one-twentieth of the amount of the receivable secured by the mortgage or if the new real estate does not constitute sufficient security for the receivable, it cannot be paid to the debtor without the consent of the creditor.

C. Provision
I. Scope of the lien
Article 862- A mortgage encumbers the real estate with its integral parts and annexes.
Things that are clearly shown as accessories during the establishment of the mortgage, such as machinery and hotel furnishings, and are recorded in the declarations column in the land registry, are considered accessories unless it is proven that they cannot be of this nature according to the law.
The rights of third parties to the add-ons are reserved.

II. Rental fees
Article 863- The rents accruing from the commencement of legal proceedings against the debtor through the conversion of the mortgage into cash or from the declaration of bankruptcy of the debtor until the moment the mortgage is converted into cash are also included in the scope of the mortgage on the rented real estate.
The right of lien can only be asserted against the tenants after they have been notified of the enforcement proceedings or after the bankruptcy decision has been declared.
Legal transactions made by the mortgagee on the rents that have not yet become due and seizures imposed by other creditors are not valid against the mortgagee who started the enforcement proceedings by converting the mortgage into cash before the rent receivables became due.

III. Statute of Limitations
Article 864- After the mortgage is registered in the land registry, the statute of limitations for the receivable does not apply.

IV. Authority to take precautions
1. Against depreciation
a. Protection measures
Article 865- If the owner acts in a manner that reduces the value of the mortgaged real estate, the creditor may request the judge to prohibit such acts.
The creditor may be authorized by the judge to take the necessary measures; however, in cases where there is a risk of delay, the creditor may take the necessary measures on his own without being given such authority.
The creditor may demand from the owner the expenses he has incurred for the precautionary measures and for these receivables, he has a lien on the real estate without the need for registration and prior to other registered burdens.

b. Security, reinstatement, partial payment request
Article 866- If the value of the mortgaged real estate has decreased, the creditor may request the debtor to provide other security for his receivable or to restore the mortgaged real estate to its former state.
The creditor may also request security if there is a danger that the value of the mortgaged real estate will decrease.
If sufficient security is not provided within the period determined by the judge, the creditor may request payment of the portion of the receivable that will cover the security deficiency.

2. Decrease in value without fault
Article 867 – If the decrease in value has occurred without the fault of the owner, the creditor may only request the debtor to provide security or make partial payment to an extent not exceeding the amount of compensation received by the owner for the damage.
However, the creditor may take the necessary measures to prevent or eliminate the decrease in value on his own. The creditor shall have a lien on the mortgaged property without the need for registration and prior to other registered burdens due to the expenses he has incurred for this purpose. The owner shall not be personally liable for these expenses.

3. Partial transfer of mortgaged real estate
Article 868- If the owner transfers to another person a part of the immovable property whose value is less than one twentieth of the receivable it secures, the creditor cannot refrain from removing the pledge on the transferred part if a payment is made in proportion to this part or if the remaining part of the immovable property constitutes sufficient security.

V. Real rights established after the mortgage
Article 869- The owner’s undertaking not to establish new limited real rights on the mortgaged real estate is not valid.
The lien with an older date takes precedence over easements or immovable encumbrances established later on the same real estate without the creditor’s consent. The easements and immovable encumbrances established later and which harm the older creditors during the conversion of the lien into cash are cancelled.
Persons whose easement rights or real estate encumbrances were cancelled upon the request of the previous mortgagee have priority in receiving the amount of the sale price that covers the value of their rights, over those whose rights were registered later, in the conversion of the mortgaged real estate into cash.

VI. Pledge degree
1. Provisions on the degree of pledge
Article 870- The security provided by the pledge is limited to the degree of pledge specified in the registration.
A real estate mortgage can also be established at the second or subsequent levels, provided that the amount of the one that comes before it in the order is specified in the registration.

2. Relationship between pledge degrees
Article 871- The cancellation of one of the mortgage rights established in different ranks on the same real estate does not give the secured creditor in the next rank the right to move to the vacant rank.
A new lien may be established in place of the abandoned lien.
The validity of contracts that grant the right to pass to the vacant rank to the next-ranking secured creditors depends on their being made officially, providing real effect, and being annotated in the land registry.

3. Empty degrees
Article 872- If there is no lien prior to a lien established in the following ranks, or if the debtor has not disposed of a previous lien, or if the lien in the previous rank is less than the amount specified in the registration for that rank; in the conversion of the real estate into cash, the sales price is distributed to the subsequent creditors according to their ranks, without taking into account the vacant rank.

VII. Conversion of mortgage into cash
1. How to convert into cash
Article 873- If the debt is not paid, the creditor has the right to collect his receivables from the sale price of the mortgaged real estate.
The contract provision stating that the ownership of the mortgaged property will pass to the creditor in case of non-payment of the debt is invalid.
If more than one real estate is pledged for the same debt, the request for the conversion of the pledge into cash is made for all of the real estate. However, the enforcement office can only convert as many of them into cash as necessary.

2. Distribution of sales price
Article 874- The sale price of the mortgaged real estate is distributed among the creditors according to their rank.
The sales price is distributed among creditors in the same rank in proportion to their receivables.

3. Scope of assurance
Article 875- The following are included in the scope of the security provided to the creditor by the immovable mortgage:
1. Principal,
2. Follow-up expenses and delay interest,
3. Three-year interest accrued until the date on which bankruptcy was filed or the mortgage was requested to be converted into cash, and interest accruing starting from the last maturity date.
The previously determined interest rate cannot be increased to the detriment of subsequent creditors.

4. Security of necessary expenses
Article 876- If the creditor has incurred necessary expenses for the protection of the mortgaged real estate and has particularly paid the insurance premiums owed by the owner, his receivables arising from this benefit from the same security as his mortgaged receivables without the need for registration.

VIII. Right of lien in case of improvement of land
1st Priority
Article 877- If the value of the land improved with the contribution of a public institution or organization increases, the owner may establish a lien by registration in favor of the creditor who lent him the loan in order to cover his share of the improvement expenses. The established lien takes precedence over all other burdens on the immovable.
If the improvement was made without the contribution of a public institution or organization, the owner can establish a lien on his real estate for a maximum of two-thirds of the expenses.

2. Payment of debt and termination of lien
Article 878- If the improvement is made without the contribution of a public institution or organization, the mortgaged receivable must be paid in equal installments within a maximum of five years.
Five years after the receivable or annual installments become due, the lien expires and subsequent creditors proceed in order of priority.

IX. Right to insurance compensation
Article 879- The insurance compensation due may only be paid to the owner with the consent of all secured creditors.
If the insurance compensation is to be spent to restore the real estate to its former state, it is paid to the owner, provided that sufficient security is provided.

X. Representation of the creditor
Article 880 – In cases where an urgent decision must be taken, upon the request of the debtor or another interested party, a trustee shall be appointed by the judge of the peace of the place where the mortgaged real estate is located for the creditor whose name or whereabouts are unknown and whose legal obligation is to act personally.

SECOND DIFFERENCE
MORTGAGE
A. Purpose and nature
Article 881- Any receivable that is currently in existence or has not yet arisen but is certain or likely to arise may be secured by a mortgage.
The real estate to be subject to mortgage does not have to be owned by the debtor.

B. Establishment and termination
I. Establishment
Article 882- Receivables of an uncertain or changeable amount are placed in a certain pledge rank and maintain their order regardless of any changes in the amount of the receivable after registration.
Upon request, the land registry officer gives the creditor a document showing the mortgage. This document, which only proves that the registration has been made, does not have the status of a negotiable instrument.
Writing and confirming the registration on the contract replaces the mortgage document.

II. Termination
1. Right to request cancellation of mortgage
Article 883- When the receivable is terminated, the owner of the mortgaged real estate may request the creditor to cancel the mortgage.
(Additional paragraph: 4/7/2019-7181/19 art.) If the mortgage is established for a certain period of time, if the annotation specified in Article 150/c of the Execution and Bankruptcy Law No. 2004 dated 9/6/1932 is not placed on the mortgaged real estate within thirty days from the end of the period, the mortgage shall be cancelled by the land registry directorate upon the request of the owner.

2. Right of the owner who is not liable for the debt
Article 884 – The owner of the mortgaged real estate who is not personally liable for the debt may request the removal of the mortgage on the real estate by paying the debt under the conditions of the debtor.
The debt passes to the owner who pays the debt.

3. Mortgage relief
a. Conditions and procedure
Article 885- A person who acquires a real estate mortgaged for a debt exceeding its value, if he is not personally liable for the debt, may, before the commencement of enforcement proceedings, release the real estate from the mortgage by paying the purchase price. A person who acquires the real estate for nothing may also exercise this right by paying the price he will assess.
The right to redeem from mortgage can be exercised by giving written notice to the creditors six months in advance.
The cost of recovery from the mortgage is distributed among the creditors according to their rank.

b. Auction
Article 886- In response to a notice of release from mortgage, creditors may request the sale of the mortgaged real estate by auction, by paying the expenses in advance, within one month from the date of notification of the notice.
The sale is made by the enforcement office in accordance with the provisions of the Enforcement and Bankruptcy Law.
If the amount obtained in the auction is more than the sales price or the price assessed by the owner, this amount is considered as the price to be released from the mortgage. In cases where the auction price is higher, the auction expenses belong to the owner, otherwise, to the creditor who requested the auction.

4. Payment request
Article 887- If the owner of the mortgaged real estate is not personally liable for the debt, the creditor’s demand for payment being effective against him depends on whether this demand is made against both the debtor and himself.

C. Provision
I. Property and indebtedness
1. Transfer of real estate
Article 888- The transfer of a mortgaged real estate does not cause any change in the debtor’s liability and security, unless otherwise agreed.
If the new owner assumes the debt, the debtor is released from his debt if the creditor does not notify the previous debtor in writing within one year that he reserves the right to appeal to him.

2. Division of real estate
Article 889- In case a part of the mortgaged real estate or one of the mortgaged real estates belonging to the same owner is transferred to another person or the mortgaged real estate is divided, the mortgaged real estates are distributed to the real estates by the land registry administration ex officio in proportion to their values, unless there is an agreement to the contrary.
The creditor who does not accept this distribution may request the debtor to pay the receivable within one year by giving a written notice within one month starting from the notification that the distribution is final.
If the new owners assume the debt for the real estate they own, the debtor is released from his/her debt if the creditor does not notify the previous debtor in writing within one year that he/she reserves the right to appeal to him/her.

3. Notification of debt assumption
Article 890- If the new owner of the real estate assumes the debt, the land registry office shall notify the creditor of this.
The one-year declaration period granted to the creditor regarding the reservation of his rights begins to run from the date of notification made by the land registry office.

II. Transfer of receivables
Article 891- The validity of a transfer of a receivable secured by a mortgage is not dependent on the registration of the transfer in the land registry.

D. Legal mortgage
I. Legal mortgage not subject to registration
Article 892- The origin of legal mortgage rights is not dependent on their registration in the land registry, unless otherwise provided by law.

II. Legal mortgages subject to registration
1. Situations
Article 893- The following creditors may request the registration of legal mortgage rights:
1. The seller has a right to a claim on the real estate sold for the receivables arising from the sale.
2. Co-heirs or other joint partners for their receivables arising from the sharing of real estates included in the joint venture,
3. Subcontractors or craftsmen who are receivables from the owner or contractor in return for material and labor they have expended in the construction or other works carried out on a real estate, with or without providing material.
The creditors’ prior waiver of this legal mortgage right is not valid.

2. Regarding sellers, heirs and other joint venture partners
Article 894 – The legal mortgage rights of the sellers, heirs and other co-operative partners must be registered in the land registry within three months following the transfer of ownership.

3. For craftsmen and contractors
a. Registration
Article 895 – The legal mortgage rights of craftsmen and contractors can be registered in the land registry starting from the moment they undertake to work or provide materials.
Registration must be made within three months from the completion of the work undertaken.
In order for registration to take place, the receivable must be accepted by the owner or decided by the court.
If the owner provides sufficient assurance, registration cannot be requested.

b. Order
Article 896 – Craftsmen and contractors are considered to be in the same rank as each other in terms of benefiting from the legal mortgage, even if their rights are registered on different dates.

c. Priority
Article 897- If the sales price does not cover the entire receivables of the craftsmen and contractors, the remaining part shall be covered by the money remaining after the land value is deducted from the sales price that falls to the share of the creditors in the previous order who have acquired the right of mortgage. However, this is subject to the creditors knowing that the burdens on the real estate will be to the detriment of the craftsmen and contractors.
If the creditors in the previous row transfer the mortgage notes, they are liable to compensate the craftsmen and contractors for the amount of the receivables that they could not obtain due to this transfer.
After the commencement of work is recorded in the declarations column of the land registry upon the notification of one of the rightful owners, craftsmen or contractors, no other type of lien other than mortgage can be registered on the real estate until the end of the registration period.

THIRD SECTION
MORTGAGED DEBT NOTE AND INCOME NOTE
A. Mortgage debt note
I. Purpose and nature
Article 898 – A mortgaged debt instrument creates a personal receivable secured by a real estate mortgage.

II. Valuation
Article 899- In order to establish a lien through a mortgaged debt instrument, the real estate is officially valued by the land registry office.
A lien cannot be established through a mortgage debt instrument for an amount exceeding the appraised value.

III. Notification of maturity
Article 900 – Unless otherwise agreed, the receivable in the mortgaged debt note becomes due on the date on which the interest is due, with a notice to be given by the creditor or debtor to the other party at least six months before this date.

IV. The status of the owner
Article 901 – The provisions regarding mortgages shall apply to the mortgagee who is not personally liable for the debt in the mortgaged debt note.
The real estate owner may assert all defenses of the debtor against the creditor.

V. Transfer and division
Article 902 – The provisions of the mortgage shall apply to the consequences of the transfer or division of the real estate which is the security for the mortgaged debt instrument.

B. Promissory note
I. Purpose and nature
Article 903- An income note creates a claim established as an immovable encumbrance on an immovable property.
Only agricultural land, residences and lands on which buildings can be built can constitute the security for the income bond.
The income note does not create a personal debt and does not indicate the reason for the debt.

II. Limit of liability
Article 904 – The amount of receivables in revenue bonds cannot exceed three-fifths of the income value of the land in agricultural land, and three-fifths of the average income value of the real estate and the building and land values in other real estates.
Assessments are made officially by the land registry office.

III. Responsibility of the State
Article 905- The State is responsible for failure to exercise due care in valuation.
The state may take recourse against officials who are at fault.

IV. Load relief
Article 906 – The owner of the real estate encumbered with a revenue bond may request that the real estate be relieved of the burden, provided that he notifies one year in advance and pays the fee for the end of each six-year period, even if a longer notification period is agreed upon in the contract.
Except for the cases stipulated by law, the creditor may only demand payment of the debt by giving notice one year in advance for the end of each ten-year period.

V. Debt and property
Article 907- The debtor of the revenue bond is the owner of the loaded real estate.
The person who acquires the encumbered real estate becomes the debtor of the revenue note and the former owner is relieved of his debt without the need for any further action.
Interest debts become the personal debt of the owner, starting from the date the real estate ceases to be secured.

VI. Division
Article 908- In case of division of real estate encumbered with a revenue bond, the owners of the parcels become the debtors of the revenue bond.
In distributing the income note debt to the parcels, the provisions regarding the division of the mortgaged real estate are applied.
The creditor may request the purchase of the revenue certificate within one year, by making a notification within one month, starting from the finalization of the distribution of the debt to the parcels.

C. Common provisions
I. Establishment
1. Nature of the receivable
Article 909 – Mortgaged debt notes and revenue notes cannot contain conditions or counter-performance clauses.

2. The relationship between the note and the underlying debt
Article 910- With the issuance of a mortgaged debt note or annuity note, the underlying debt relationship is terminated through renewal.
On the contrary, the contract only affects the parties and third parties who are not in good faith.

3. Registration and mortgage document
a. The need to prepare the mortgage deed
Article 911- In addition to the registration in the land registry for a mortgaged debt note or annuity note, a mortgage note is also prepared.
Even if the deed is issued later, its legal consequences begin from the date of registration.

b. Preparation of the mortgage deed
Article 912- Mortgaged debt notes and revenue notes are prepared by the land registry officer.
The deeds bear the signatures of the land registry officer and the authorized Treasury representative.
These promissory notes can only be given to the creditor or his representative with the written consent of the debtor and the owner of the encumbered real estate.

c. Form of the mortgage deed
Article 913- The forms of mortgaged debt notes and annuity notes are determined by the regulation issued by the President.

4. Determination of the creditor
a. During editing
Article 914- Mortgaged debt notes and income notes may be issued as registered or bearer notes.
These promissory notes can also be issued in the name of the owner of the loaded real estate.

b. Joint representative
Article 915- When issuing a mortgaged debt note or annuity note, a representative may be appointed by them to make the necessary payments and collect the money to be paid, to receive the notifications to be made, to consent to the reduction of the security and, in general, to protect the rights of the creditor, debtor and owner with full care and impartiality.
The name of the representative is recorded in the land registry and the mortgage deed.
If the representative’s authority expires and the parties concerned cannot reach an agreement, the magistrate judge will take the necessary measures.

5. Place of payment
Article 916- Unless the contrary is understood from the pledge document, the debtor must make all payments at the place of residence of the creditor, even if the document is bearer-only.
If the place of residence of the creditor is unknown or if the creditor changes his place of residence to the detriment of the debtor, the debtor may discharge his debt by depositing the debt at a place determined by the judge in his own place of residence or in the creditor’s former place of residence.
If the promissory note has interest coupons, interest payment is made to the person presenting the coupons.

6. Payment after the transfer of the receivable
Article 917- In case of transfer of the claim, the debtor may pay the interest and annual obligations that are not subject to the coupon to the former creditor, even if the promissory note is written as bearer, unless he is notified.
Payment of the principal, in whole or in part, is only valid if it is made to a person who proves that he is the creditor at the time of payment.

II. Termination
1. Absence of a creditor
Article 918- If there is no creditor or if the debtor waives his lien right, the debtor is free to decide whether or not to cancel the registration in the land registry.
The debtor may re-circulate the promissory note that has passed into his possession.

2. Abandonment
Article 919 – Registration of a mortgaged debt note or annuity note can only be cancelled if the parties or the court cancels the mortgage note.

III. Rights of the creditor
1. Protection of goodwill
a. In terms of registration
Article 920- The claim arising from a mortgaged debt note or annuity note is valid for everyone who relies on the land registry in good faith, according to the registration in the registry.

b. In terms of the promissory note
Article 921- A duly issued mortgaged debt note or annuity note is valid for everyone who relies on it in good faith, according to what is written in it.

c. Relationship between the deed and registration
Article 922- If what is written in the text of a mortgaged debt note or annuity note does not comply with the registration in the land registry or if there is no registration in the land registry, the registry shall be taken as basis.
However, the person who acquired the document in good faith may claim compensation in accordance with the provisions regarding the land registry.

2. Assertion of right
Article 923- The receivable on a registered or registered mortgaged debt note or annuity note can only be transferred, pledged or subject to another disposition together with the possession on the note.
The right to claim the debt is reserved if the promissory notes have not yet been issued or if they are cancelled by the court.

3. Transfer of receivables
Article 924- The transfer of the receivables in a mortgaged debt note or annuity note is dependent on the delivery of the mortgage note.
If the mortgage deed is registered, the name of the transferee and the transfer transaction are written on the deed.

IV. Cancellation
1. Loss of the document
Article 925- If the mortgage note has been disposed of involuntarily or destroyed without the intention to terminate the debt, the creditor may, by a court decision, request the debtor to pay the debt and, if the debt is not yet due, to issue a new mortgage note or coupon.
The decision to cancel is made in accordance with the provisions regarding the cancellation of negotiable instruments with written title; however, the period of presentation is one year.
The debtor may also request the cancellation of a promissory note that has been paid but not returned, in accordance with the same provisions.

2. Announcement through advertisement
Article 926 – If the identity of the creditor of a mortgaged debt note or annuity note has not been known for ten years and no interest has been requested during this period, the owner of the mortgaged real estate may request the judge to make a public announcement in accordance with the provisions regarding absence in order to reveal the creditor.
If the creditor does not appear and it is understood that the receivable no longer exists as a result of the investigation, the judge decides to cancel the document; with this decision, the degree of lien is voided.

V. Defences of the debtor
Article 927- The debtor may only assert the defenses arising from the registration or the document and the personal defenses he has against the creditor who made the request.

VI. Return of paid bills
Article 928 – The debtor who has paid the debt in full may request the creditor to return the promissory note unavoided.

VII. Change in legal relationship
Article 929- The debtor has the right to register in the land registry any changes in the legal relationship, such as partial payment of the debt or the alleviation of the debt burden or the reduction of the security.
The land registry officer also writes such changes on the deed.
If the changes that occur are not registered, the changes other than the payment of the annual obligations stated in the promissory note cannot be claimed against the person who acquired the promissory note in good faith.

FOURTH SECTION
SECURITY WITH REAL ESTATE LIEN

UNDERTAKEN
BONDS OF DEBT
A. Pledged bonds
Article 930- Registered or bearer bonds may be secured by real estate mortgage in the following cases:
1. Establishment of a lien for the entire loan through a mortgage or mortgaged debt instrument and appointment of a joint representative for the creditors and the debtor,
2. Establishing a real estate mortgage for the entire loan in favor of the institution that undertakes to issue bonds and pledging this mortgaged receivable for the benefit of the bond creditors.

B. Issuing serial pledge bonds
I. In general
Article 931- The general provisions regarding mortgaged debt notes and revenue notes shall apply to mortgaged debt notes and revenue notes issued in series, save for the following provisions.

II. Regulation
Article 932- The bonds issued in series are drawn up as having a value of one hundred million lira each or multiples of one hundred million lira.
All bills in a series must have the same shape and be numbered consecutively.
If the promissory notes are not issued by the owner of the mortgaged real estate, it is stated in the promissory notes that the intermediary institution is the representative of the creditors and the debtor.

III. Payment of the debt in parts
Article 933- The debtor may undertake to pay a portion of the principal along with interest at certain times.
The money to be paid each year as installments must cover a certain portion of the promissory notes.

IV. Registration
Article 934- The promissory notes are registered in the land registry by showing their numbers; a registration is made for the entire loan.
If the number of promissory notes is small, each promissory note can be registered separately.

Provision V
1. The brokerage firm that issues the note
Article 935- Even if the intermediary institution issuing the promissory note is the representative of the creditors and the debtor, it cannot make any changes to the scope and conditions of the debt unless it was specifically authorized to do so at the time of issuing the promissory note.

2. Repayment of promissory notes
a. Payment plan
Article 936- The repayment of promissory notes shall be made in accordance with the plan drawn up by the intermediary institution based on the authority made at the time of issuance or granted at that time. The promissory note shall cease to be valid once the amount of the promissory note is paid to the creditor.
Unless otherwise decided, cancellation of registration is only possible if the debtor has fully fulfilled the obligations specified in the registration and the promissory notes have been returned with all coupons or, if there are coupons that have not been returned, the amount to cover them has been deposited at a place determined by the judge.

b. Supervision
Article 937- The owner of the mortgaged real estate or the intermediary institution is obliged to draw lots according to the payment plan and to cancel the promissory notes paid for.
In the case of income bonds, these transactions are supervised by the State.

c. Allocation of refunds
Article 938- The money obtained in lieu of mortgaged real estates shall be used to pay the promissory notes that will be determined in the first draw.

CHAPTER THREE
MOVABLE PLEDGE

FIRST DISCRIMINATION
RIGHT OF LIEN AND IMPRISONMENT DEPENDING ON DELIVERY
A. Pledge subject to delivery
I. Establishment
1. Possession of the creditor
Article 939 – Except for the exceptional cases stipulated in the law, movables can only be pledged by transferring possession to the creditor.
Even if the pledgee does not have the authority to dispose of the movable property, the person who possesses the property in good faith acquires the right of pledge to the extent that his acquisition is protected according to the provisions of possession. The rights of third parties arising from previous possession are reserved.
As long as the movable property remains in the sole possession of the pledgee, the right of mortgage does not arise.

2. Discrete cases
Article 940- In order to secure the receivables of the institutions and cooperatives authorized by the authorized authorities, a lien may be established on animals without transferring possession by recording it in the special register to be kept in the enforcement office. The register to be kept for this purpose is determined by the regulation issued by the President.
In order to secure the receivables of real or legal persons, a lien may be established on movable property that is required to be registered in a registry by law, without transferring possession, by recording it in the registry where the movable property is registered. Other matters regarding the establishment of the lien are determined by the regulation issued by the President.

3. Art. pledge
Article 941- The owner of the movable property pledged may establish a subsequent pledge on it. For this purpose, the pledged creditor must be notified in writing that the pledged property will be delivered to the next creditor when the debt is paid.

4. Sub-lien
Article 942- The creditor may pledge the pledged movable property to another person only with the consent of the pledgee.

II. Termination of the lien
1. Loss of possession
Article 943- A movable pledge ends when the creditor ceases to be the possessor and cannot take it back from a third party who is the possessor.
As long as the movable property is actually under the sole control of the pledgee with the consent of the creditor, the provisions of the pledge remain suspended.

2. Duty to return
Article 944 – When the right of lien is terminated by payment of the receivable or for any other reason, the creditor is obliged to return the mortgaged movable to its rightful owner.
The creditor is not obliged to return the mortgaged movable or any part of it unless he receives the entire amount of his receivable.

3. Liability of the creditor
Article 945- The creditor is liable for damages resulting from the loss, destruction or decrease in value of the mortgaged movable property, unless he proves that these damages occurred without his fault.
The creditor who automatically transfers or pledges the mortgaged movable property to someone else shall be liable for all damages arising from this.

III. Provisions of the pledge
1. Right of the creditor
Article 946- The creditor may request payment of his unpaid receivables by converting the pledge into cash.
The right of lien provides the creditor with security for the principal receivable, as well as contractual interests, enforcement expenses and delay interests.

2. Scope of the lien
Article 947- The pledge covers the movable property together with its accessories.
Unless otherwise agreed, the creditor is obliged to deliver the natural products of the mortgaged movable to the owner when they cease to be an integral part of it.
The pledge also covers natural products that are integral parts of the asset during conversion into cash.

3. Order of the pledge
Article 948- If there is more than one lien on the same movable property, the creditors shall be paid in accordance with the order of the lien rights.
The order of the lien is determined by the date of establishment.

4. Failure to pass ownership
Article 949- The provision of the contract which provides that the ownership of the mortgaged movable property passes to the creditor in case of non-payment of the debt is invalid.

B. Right to imprisonment
I. Conditions
Article 950 – The creditor may seize the movable property or valuable papers belonging to the debtor and in whose possession he has the debtor’s consent, until the debt is paid, if the debt is due and the nature of these goods is related to the debt.
If possession and receivable arise from a commercial relationship, this connection is deemed to exist between merchants.
The creditor has the right of lien on movable property that does not belong to the debtor, to the extent that the acquisition of possession in good faith is protected.

II. Isolated cases
Article 951- The right of lien cannot be exercised on movable properties that are not suitable for conversion into cash due to their nature.
The right of detention cannot be exercised in cases that are incompatible with the obligation assumed by the creditor, the instructions given by the debtor at the time of delivery or before, or public order.

III. Inability to pay debts
Article 952- If the debtor becomes insolvent, the creditor may exercise his right of detention even if the receivable is not due.
If the inability to pay the debt occurred after the delivery of the movable property or occurred before, but the creditor learned about this situation after the delivery; even if it is not compatible with an obligation assumed by the creditor to use the thing in a certain way or with the instructions given by the debtor at the time of delivery or before, the creditor may exercise the right of detention.

IV. Provisions
Article 953- If the debt is not fulfilled and sufficient security is not provided, the creditor may, by prior notice to the debtor, request that the things he has seized be converted into cash in accordance with the provisions of the pledge subject to delivery.
In order to convert registered negotiable instruments that have a lien right into cash, the enforcement office carries out the necessary procedures on behalf of the debtor.

SECOND DIFFERENCE
LIEN ON RECEIVABLES AND OTHER RIGHTS
A. In general
Article 954- Receivables and other rights that can be transferred to someone else can be mortgaged.
Unless there is a provision to the contrary, the provisions of a pledge subject to delivery shall apply to their pledge.

B. Establishment
I. Receivables with or without a promissory note
Article 955- For the pledge of receivables that are subject to a promissory note or not, the pledge agreement must be made in writing and, in the case of receivables subject to a promissory note, the promissory note must be delivered.
The creditor or the pledgee may notify the debtor about the pledge.
In the pledge of other rights, the form for the transfer of these rights must be complied with, together with the written pledge agreement.

II. In valuable documents
Article 956- For the pledge of bearer promissory notes, delivery of the notes to the pledgee is sufficient.
For the pledge of other negotiable instruments, the document must be delivered with an endorsement or a written declaration of transfer.

III. In the bills representing the commodity
Article 957- The right of lien on the goods arises by pledging the negotiable instruments representing the goods.
If a special pledge document (warrant) is issued other than the promissory note representing the goods, it is sufficient for the pledge document to be pledged, provided that the amount of the pledged receivable and the due date are written on the promissory note.

IV. Art. pledge
Article 958- The establishment of a subsequent pledge on a pledged debt is valid only if the pledgee or the subsequent pledgee notifies the previous pledgee in writing.

C. Provisions
I. Scope of the lien
Article 959- In cases where receivables that bring periodic income such as interest or dividends are pledged, only those whose due dates have not yet come into force are included in the scope of the pledge, unless otherwise agreed upon, and the pledge does not cover past due obligations.
If special promissory notes have been issued for such ancillary performances, their inclusion in the scope of the pledge depends on their being pledged in accordance with the formal conditions, unless otherwise agreed.

II. Representation of pledged shares
Article 960- The authority to represent the pledged shares in the general assembly of the partnership belongs to the shareholder, not the pledgee.

III. Management and payment
Article 961- If careful management necessitates the notification of the maturity of the pledged receivable and its collection, the creditor may carry out these transactions; the pledgee may also force the creditor to carry out these transactions.
The debtor to whom the lien has been notified may pay his debt to the principal creditor or the lien creditor only with the consent of the other.
In the absence of this consent, the debtor is obliged to deposit his debt.

THIRD SECTION
THOSE WHO ARE ENGAGED IN LENDING BUSINESS IN EXCHANGE FOR PARENTS
A. Lenders
I. Obtaining a business permit
Article 962- Those who want to engage in the business of lending against mortgage of movable property as a business must obtain permission from the competent authority.

II. Duration
Article 963- Permits can only be granted to private enterprises for a certain period of time. At the end of this period, this permit can be renewed.
If the necessary rules are not followed, the permission given can be withdrawn at any time.

B. Loan against mortgage of movable property
I. Establishment
Article 964- A pledge is established by delivering the pledged movable property to the enterprise and receiving a receipt in return.

II. Provisions
1. Conversion of mortgage into cash
Article 965- If the debt is not paid on time, the lender may convert the pledge into cash through enforcement after giving the debtor a prior notice through a notary public to pay the debt.
The borrower is not personally liable to the lender.

2. Right to the remaining money
Article 966- If the sales price exceeds the amount of the mortgaged receivable, the remaining money shall be paid to the rightful owner.
If the business has more than one receivable from the same debtor, they are taken into account as a whole when calculating the remaining money.
The right to claim the remaining amount becomes time-barred five years after the pledged movable property is converted into cash.

III. Termination of the lien
1. Right to request redemption from lien
Article 967- The movable property pledged may be released from pledge by returning the pledge receipt until it is sold.
If the pledge receipt is not returned, the person who proves that he is the rightful owner after the receivable becomes due may release the movable from the pledge.
Even if the lender has expressly reserved the right to return the pledged movable property against delivery of a receipt, the person who proves his right after six months from the due date of the receivable can release the movable property from the pledge.

2. Rights of the lender
Article 968- The lender may demand the payment of the entire interest for the month in which the movable property was released from the mortgage.
If the lender has expressly reserved the right to return the movable to whoever brings the receipt, he may exercise this power unless he knows and should know that the holder of the receipt has wrongfully seized it.

C. Sale with right of repurchase
Article 969- The provisions regarding those who lend against mortgage of movables shall apply to those who have adopted the profession of purchasing by granting the right of repurchase.

FOURTH SECTION
PLEDGE BONDS
A. Nature
Article 970- Those who have obtained permission from the competent authority to engage in the business of lending against real estate mortgage as a business may issue mortgaged bonds as collateral for their receivables secured by real estate mortgage and their receivables arising from their current business, even if they do not have a special mortgage agreement and delivery obligation.

B. Shape
Article 971- Creditors cannot demand payment of pledged bonds before the stipulated time.
Bonds are issued as bearer or registered and have bearer coupons.

C. Regulation
Article 972- The persons who will issue bonds, the conditions for issuing bonds and the authority authorized to grant issuance permission are determined by a special law.

PART THREE
POSSESSION AND LAND REGISTRY

CHAPTER ONE
POSSESSION
A. The concept and types of possession
I. Concept
Article 973- A person who has de facto control over a thing is its possessor.
The actual use of rights of easement and immovable encumbrances on the immovable is considered possession.

Types II
1. Primary and secondary possession
Article 974 – If the possessor delivers the thing to another person in order to establish or exercise a limited real right or a personal right, both of them become possessors.
The one who possesses something as an owner is called primary possessor, the other is secondary possessor.

2. Direct and indirect possession
Article 975- A person who exercises actual control over a thing directly is a direct possessor, and a person who exercises control over a thing through another person is an indirect possessor.

III. Temporary interruption
Article 976- The failure to exercise actual sovereignty due to temporary reasons or the elimination of the possibility of exercising it does not terminate possession.

B. Transfer of possession
I. Among the Ready
Article 977- Possession is transferred when the thing or the means to gain control over the thing are delivered to the acquirer or when the acquirer becomes capable of exercising control over the thing with the consent of the previous possessor.

II. Among those who are not ready
Article 978- A delivery made to the representative passes possession as if it were made to the principal.

III. Transfer without surrender
Article 979- If a third person or the person who transfers possession continues to be in possession based on a special legal relationship, possession is acquired without delivery.
Transfer of possession in this way becomes effective against the third person who continues to be in possession only from the moment the situation is notified to him by the transferor.
The third person may refrain from giving the thing to the acquirer for reasons that he can put forward against the transferor of possession.

IV. Delivery of the promissory notes representing the goods
Article 980- The delivery of a negotiable instrument representing a commodity left to a carrier or a public store has the same effect as the delivery of the commodity itself.
If a dispute arises between the person who received the negotiable instrument in good faith and the person who received the goods in good faith, the person who received the goods shall be given preference.

C. Provisions of possession
I. Protection
1. Right to defense
Article 981- The possessor may repel any usurpation or attack by force.
The possessor may preserve his possession by expelling the person who seized the property that was taken from him without his consent, in the case of immovable property, and by taking possession of the property from the person who was caught during the act or while fleeing. However, the possessor must refrain from using force to an extent that the situation does not justify it.

2. Right to sue in case of usurpation of possession
Article 982- A person who usurps something that is in the possession of another person is obliged to return it, even if he claims to have a superior right over that thing.
The defendant may refuse to return the thing if he can immediately prove that he has a superior right to take it back from the plaintiff.
The lawsuit is aimed at returning the thing and compensating for the damage.

3. Right to sue for assault on possession
Article 983- Even if the attacker claims a right over the thing, the person whose possession was attacked may file a lawsuit against him.
The lawsuit aims to end the attack, prevent its cause and compensate for the damage.

4. Loss of right to sue
Article 984 – The right to file a lawsuit for usurpation and assault expires after two months from the time the possessor learns of the act and its perpetrator, and in any case after one year from the act.

II. Protection of rights due to possession
1. Presumption of ownership
Article 985- The possessor of a movable property is deemed to be its owner.
Previous possessors are also considered to be the owners of that movable during their possession.

2. Presumption in secondary possession
Article 986- A person who possesses a movable without the intention of owning it may rely on the presumption of ownership of the person from whom he acquired the movable in good faith.
The existence of the right claimed by a person who possesses a movable with a limited real right or personal right is considered as a presumption. However, the possessor cannot assert this presumption against the person who gave the thing to him.

3. Defense against the lawsuit
Article 987- The possessor of a movable property may rely on the presumption of superior right in every lawsuit brought against him.
Provisions regarding extortion or assault are reserved.

4. Power of disposition and movable property lawsuit
a. In terms of acquiring from the possessor as a trustee
Article 988- The acquisition of a movable property by a person who acquires ownership or limited real rights over that property in good faith from its possessor as a custodian is protected even if the possessor does not have the authority to make such dispositions.

b. In terms of lost or stolen items
Article 989- The possessor of a movable property that has been stolen, lost or lost in any other way without his/her will may file a movable property lawsuit against anyone who has that property within five years.
If this movable property was acquired in good faith from an auction or a market or from sellers of similar goods, a movable lawsuit can be filed against the first and subsequent acquirers in good faith, but only on the condition that the price paid is returned.
In other matters, the provisions regarding the rights of the bona fide possessor apply.

c. In money and bearer promissory notes
Article 990- The possessor cannot file a movable lawsuit against a person who acquired money or bearer notes in good faith, even if they have been lost to him against his will.

d. In case of lack of good faith
Article 991- A previous possessor may always file a movable property lawsuit against a person who did not acquire possession of a movable property in good faith.
If the previous possessor did not acquire possession in good faith, he cannot file a movable lawsuit against the subsequent possessor.

5. Presumption in real estates
Article 992- In real estate registered in the land registry, only the person in whose name the property is registered can benefit from the presumption of right and the right to file a lawsuit arising from possession.
However, anyone who has de facto control over the real estate may file a lawsuit for usurpation or assault.

III. Responsibility
1. In terms of bona fide possession
a. Benefit
Article 993 – A possessor who uses or benefits from a thing he possesses in good faith in accordance with his existing right to do so is not obliged to pay any compensation to the person to whom he is obliged to return the thing.
The possessor in good faith is not responsible for the loss, destruction or damage to the thing.

b. Compensation
Article 994 – The possessor in good faith may demand compensation from the person who wants to return the thing for the necessary and useful expenses he has incurred for the thing and may refrain from returning the thing until this compensation is paid.
The possessor in good faith cannot claim compensation for other expenses. However, if he is not offered compensation for these expenses before the return of the thing, he may separate and take away the additions which he incorporated into the thing and which can be separated without harm before returning the thing.
The products obtained by the possessor are offset against the receivables arising from the expenses incurred by the possessor.

2. In respect of non-benevolent possession
Article 995 – A possessor who is not in good faith must pay compensation to the rightful owner for the damages he has caused by wrongfully withholding the thing he is obliged to return and for the products he has obtained or neglected to obtain.
The possessor who is not in good faith can only demand compensation for the expenses he has incurred that are necessary for the rightful owner.
Unless the possessor in good faith knows to whom he will return the thing, he is only liable for the damages he caused through his fault.

IV. Benefiting from the acquisitive statute of limitations
Article 996- The possessor who has the right to benefit from the acquisitive prescription may add the period of possession of the property to his own period if he had the same authority as the person who transferred the possession to him.

CHAPTER TWO
LAND REGISTRY
A. Establishment
I. In terms of the registry
1. In general
Article 997- Land registers are kept to show the rights over real estate.
The land registry consists of the land registry and the condominium registry, as well as the journal and documents and plans that complement them.
The copy of the register, how it will be kept and the auxiliary registers are determined by the regulation issued by the President.

2. Registration of real estates
a. Real estate to be registered
Article 998- The following are recorded as real estate in the land registry:
1. Land,
2. Independent and permanent rights over real estate,
3. Independent sections subject to condominium ownership.
Registration of land in the land registry is subject to special law provisions.
The conditions and procedure required for the registration of independent and permanent rights are determined by the regulation issued by the President. In order for the continuity condition to be met, the right must be indefinite or have a duration of at least thirty years.
The registration of independent sections subject to condominium ownership as real estate is subject to special law provisions.

b. Immovable properties that will not be registered
Article 999 – Immovable properties that are not subject to private ownership and are reserved for public use shall not be registered unless a real right requiring registration is established.
If a real estate registered in the land registry turns into a real estate that is not subject to registration, it is removed from the land registry.

3. Elements of the registry
a. Land registry
Article 1000- A page is allocated to each real estate in the register and the page numbers follow each other.
The procedure to be followed in case of division of a real estate or merging of more than one real estate is determined by the regulation issued by the President.
The following are recorded in special columns on each page of the register:
1. Property,
2. Rights of easement and immovable burden established on the immovable or established on another immovable in favor of that immovable,
3. Lien rights on real estate.
Additions are recorded in the declarations column upon the owner’s request. This record can only be deleted from the register with the consent of those who appear as rights holders in the register.
More than one real estate belonging to the same owner may be recorded on a common page in the registry upon the request of the owner, even if their borders are not adjacent. The mortgage registrations made on this page bind all the real estates registered on that page; if some of such real estates registered on the same page are removed from that page upon the request of the owner or by court order, the rights registered on the removed real estates remain reserved.

b. Condominium registry
Article 1001- Independent sections subject to condominium ownership are recorded in the condominium ownership register to be kept separately.
Without prejudice to the provisions of special laws, the provisions regarding the land registry shall apply to the transactions to be made in the registry.

c. Journal and documents
Article 1002- Requests for registration in the land registry are immediately recorded in the journal in the order of the request, indicating the identity of the person requesting and the subject of the request.
The documents that form the basis of these transactions are carefully sorted and preserved.

d. Plan
Article 1003- A plan based on official measurement is taken as basis in the registration and determination of a real estate.
How the plans will be prepared is determined by the regulation issued by the President.

II. Keeping the land registry
1. In a region
Article 1004- Immovable properties are registered in the land registry of the region where they are located.

2. In multiple regions
Article 1005- Real estate located in more than one region shall be recorded separately in the registry in each region, by indicating that it is registered in the other regional registries.
Registration requests and registration procedures regarding such a real estate are made in the region where the majority of the real estate is located, and the registration is notified to the land registry offices in other regions to be entered into the registry.

III. Land registry offices
1. Establishment
Article 1006- The establishment, operation and provision of services of land registry administrations are subject to special law provisions.

2. Responsibility
Article 1007- The State is responsible for all damages arising from the keeping of the land registry.
The State has recourse against officials who are at fault in the occurrence of the damage.
Cases regarding state liability are heard in the court where the land registry is located.

B. Transactions
I. Subject of the transactions
1. Registration
Article 1008- The following rights regarding real estate are registered in the land registry:
1. Property,
2. Rights of easement and immovable burdens,
3. Lien rights.

2. Comments
a. Personal rights
Article 1009 – Rights arising from construction contracts in return for a land share, real estate sales promises, lease, purchase, pre-emption, repurchase agreements and other rights clearly stipulated by law for annotation may be annotated in the land registry.
By adding annotations, these can be claimed against the owners of the rights acquired subsequently on the real estate.

b. Restriction of the power of disposition
Article 1010 – Restrictions on the power of disposition based on the following reasons may be annotated in the land registry:
1. Court decisions regarding the protection of contested rights,
2. The period granted by the seizure, bankruptcy decision or composition,
3. Procedures for which a note is required by law, such as the establishment of a family dormitory and the appointment of a successor.
Restrictions on the right to disposition can be asserted against the owners of subsequently acquired rights over the real estate by giving a note.

c. Provisional registration note
Article 1011- A temporary registration note may be issued in the following cases:
1. If it is necessary to secure a claimed real right,
2. If the law allows the deficiencies in the documents determining the disposition authority to be completed later.
The provisional registration annotation is subject to the consent of all interested parties or a judge’s decision. If the right that is the subject of the annotation is realized later, it can be asserted against third parties starting from the date of the annotation.
Upon request for a provisional registration annotation, if the judge, after hearing the parties or reviewing the file, reaches the conclusion that the existence of the right subject to the annotation can be accepted, he/she issues an annotation decision. The decision determines the duration and content of the annotation in terms of effect; if necessary, a period is given for applying to the court.

3. Statements
Article 1012- The additions to a real estate are recorded in the declarations column of the registry upon the request of the owner. The cancellation of this record is subject to the consent of all interested parties who appear as right holders in the registry.
The writing of public law restrictions regarding real estate ownership in the declarations column and other matters that can be written in this column are determined by the regulation issued by the President.
Special law provisions are reserved.

II. Conditions for registration and cancellation
1. Request
a. For registration
Article 1013- Registration is made upon the written declaration of the owner of the real estate subject to disposition.
If the acquirer relies on a legal provision, a final court decision or an equivalent document, this declaration is not required.
A person who acquires a real right before registration may request registration by presenting the necessary documents.

b. For cancellation and change
Article 1014 – Cancellation or change of a registration can only be made upon the written declaration of the persons to whom such registration grants rights.

2. Determination of authority and cause
Article 1015- The execution of disposition transactions such as registration, cancellation and change is dependent on the requester documenting his/her disposition authority and legal reason.
The person making the request documents his/her authority to dispose by proving that he/she is the person appearing as the rightful owner in the registry or the representative of this person.
Documentation of the legal reason is done by proving that the necessary form for the validity of this reason has been complied with.

3. Completion of documents
Article 1016- If the documents regarding the disposition authority and legal reason are not complete, the request shall be rejected.
However, in cases where the documents regarding the legal reason are complete but the document indicating the power of disposition needs to be completed, a temporary registration note may be issued with the consent of the owner or with the decision of the judge.

III. Form of registration
1. In general
Article 1017- Registrations to the registry are made according to the date and order of request.
A copy of the record in the registry is given to the interested party who requests it.
The form of registration and cancellation and the copies to be given are determined by the regulation issued by the President.

2. In easements in favor of real estate
Article 1018- The registration and cancellation of easements in favour of real estate are recorded on the pages of both the burdened and the beneficiary real estates.

IV. Obligation of notification
Article 1019- The land registry officer is obliged to notify the relevant parties about the transactions he has carried out without their knowledge.
The period for objection of the interested parties to these transactions begins from the date of notification to them.

C. Openness of the land registry
Article 1020- The land registry is open to everyone.
Anyone who proves his/her interest credible may request that the relevant page and documents in the land registry be shown to him/her or that copies of them be given before the land registry officer.
No one can claim that they are unaware of a record in the land registry.

D. Effects of registration
I. Consequences of failure to register
Article 1021- Real rights, the establishment of which is subject to legal registration, cannot come into existence unless they are registered.

II. Results of registration
1. In general
Article 1022- Real rights arise upon registration in the register; they receive their order and dates according to registration.
The effect of the registration starts from the date of entry in the journal, provided that the documents required by law are attached to the request or, in the case of temporary registration, the documents are completed in due time.
The content of a right is determined within the limits of the registration, according to the documents on which it is based or by any other means.

2. Against bona fide third parties
Article 1023- The acquisition of property or any other real right by a third party who acquires property or any other real right by relying on the registration in the land registry in good faith shall be protected.

3. Against third parties who are not in good faith
Article 1024- If a real right has been registered illegally, a third party who knows or should know about it cannot rely on this registration.
Registration based on a non-binding legal act or lacking a legal basis is illegal.
A person whose real right is impaired due to such a registration may directly claim against third parties who are not in good faith that the registration was irregular.

E. Cancellation and alteration
I. On illegal registration
Article 1025- If a real right has been registered illegally or a registration has been cancelled or changed illegally, the person whose real right has been damaged as a result may file a lawsuit for the correction of the land registry.
All rights in rem and compensation claims acquired by bona fide third parties based on this registration are reserved.

II. Termination of real rights
Article 1026- If a registration loses all legal value due to the termination of a real right, the owner of the real estate encumbered may request its cancellation.
If the land registry officer complies with this request, any interested party may file a lawsuit against the cancellation within thirty days from the date of notification of this transaction.
The land registry officer is authorized to apply to the judge ex officio and request a decision to determine that the real right has ended and to carry out the cancellation process based on the decision of the judge.

III. Correction
Article 1027- Unless the parties concerned give their written consent, the land registry officer can correct an error in the land registry only by a court decision.
Correction may also take the form of cancelling the old registration and making a new registration.
The land registry officer corrects simple clerical errors ex officio in accordance with the regulation issued by the President.

Repealed law
Article 1028- Turkish Civil Law No. 743 dated 17 February 1926 has been repealed.

Force
Article 1029- This Law shall enter into force on January 1, 2002.

Executive
Article 1030- The Council of Ministers shall execute the provisions of this Law.

PROVISIONS THAT CANNOT BE IMPLEMENTED IN THE LAW NO. 4721 DATED 22/11/2001
1- This is the provision of Law No. 4778 dated 2/1/2003:
Article 36 – The provision of Article 92 of the Turkish Civil Code, amended by this Law, also applies to other non-profit organizations other than associations and foundations.
LEGISLATION ADDING AND AMENDING THE LAW NO. 4721 OR
ENFORCEMENT OF CONSTITUTIONAL COURT DECISIONS
TABLE SHOWING ENTRY DATES

Number of the Amending Law/Decree Law or the Annulment Constitutional Court Decision
Amended or Cancelled Articles of Law No. 4721
Date of Entry into Force