Is an important legal protection regulated by the Turkish Civil Code in order to secure the receivables of contractors, subcontractors and craftsmen who contribute to construction and repair activities . This right creates a direct collateral on the real estate and provides the creditor with the opportunity to collect his receivables primarily from the price arising from the sale of the real estate in case of non-payment of the debt. The legal mortgage right, which supports economic security and prevents victimization especially in the construction sector, both protects the rights of creditors and encourages debtors to fulfill their obligations. In this article, we will examine in detail the historical development, legal nature, registration, termination and relevant legal regulations of the legal mortgage right of the construction creditor.
Turkey has become one of the favorite destinations of foreign investors with its strategic location , economic opportunities and investment incentives . Cities such as Istanbul, Antalya, Izmir and Muğla stand out with their high-yield potential real estate projects . Urban transformation projects, sustainable housing and tourism-focused investments create significant opportunities for the future in the country's real estate market . In this article, we will discuss in detail the economic effects of real estate investments in Turkey, the factors that attract investors, the challenges encountered and future expectations. Turkey continues to be the right address for profitable and sustainable investments !
Read more: Real Estate Investment in Turkey: Strategic Location, Opportunities and Future Trends
Real Estate Investment Trusts (REITs) offer both a reliable and profitable investment model for investors in the capital markets. REITs, which gained a legal framework in Turkey in 1995, provide institutionality to the real estate sector and enable individual and institutional investors to become partners in large projects. With their transparent management approach, independent valuation processes and tax advantages, REITs play an important role not only in the capital markets but also in the economy in general. In this article, the history, functioning, legal foundations and contributions of REITs to the Turkish economy will be discussed in detail.
Read more: Real Estate Investment Trusts (REIT) in Turkish Law
Collective buildings are building systems consisting of multiple independent sections, as a result of modern urbanization, where common areas and social life are shared. In these systems, ensuring order requires an effective management approach in order to both protect the rights of the condominium owners and to maintain a peaceful common life. The Condominium Law (KMK) clearly defines the duties and responsibilities of the management bodies while determining the principles regarding the management of condominiums.
Read more: Management in Mass Buildings: Legal Regulations, Bodies and Problems in Practice
The real estate sales promise contract is a type of preliminary contract that undertakes the transfer of the real estate in the future and provides legal assurance. This contract is drawn up to protect the rights of the parties, prevent disputes that may arise in the future, and secure the title deed transfer process, especially in real estate purchase and sale transactions.
Read more: Real Estate Sale Promise Contract: Definition, Conditions and Legal Processes
Real estate sales are extremely important transactions in terms of both their economic value and legal consequences. In Turkish law, the formal form requirement has been accepted as a basic guarantee for real estate sales to be valid.
The collusion of the deceased is a legally invalid transaction in which the deceased transfers his/her real estates with apparent contracts in order to deprive the legal heirs of their inheritance rights. This situation usually occurs when the transfer of the real estate is shown as a sale , but in the background there is a donation will or an intention to deceive the heirs.
Read more: What is the Collusion of the Deceased in the Transfer of Real Estate Ownership?
Prepaid housing sales contracts provide great convenience for consumers who want to own a house , they also carry some risks. These contracts, especially offered with mass housing projects and long-term payment plans, are based on consumers making their payments in advance for houses to be delivered in the future .
Read more: Prepaid Housing Sales Contract: Definition, Legal Qualities and Conditions
The sale of real estate through auctions has an important place in both the economic and legal systems. This method aims to protect the right of ownership and to ensure the creditor-debtor balance by ensuring that real estates change hands under transparent, fair and competitive conditions. In Turkish law, auctions are regulated under two different categories: forced auctions and voluntary auctions .
Read more: Sale of Real Estate by Auction in Our Civil Law: Legal Basis and Areas of Application
Today, especially in the context of prepaid housing sales and urban transformation projects , one of the biggest risks faced by consumers is the failure to complete projects or delay in delivery. In such cases, building completion insurance , which was developed to prevent consumers from suffering financial losses, emerges as a legal security mechanism.
Read more: Building Completion Insurance: Consumer Rights and Protection Methods
The right of foreigners to acquire real estate in Turkey has become quite popular in recent years with the legal regulations and increasing investment opportunities. Turkey offers an attractive market for foreign investors thanks to both its natural beauty and strategic location. In this blog post, we examine in detail the historical process of foreigners' rights to acquire property from the Ottoman period to the present day, legal regulations in Turkey, the principle of reciprocity and restrictions. This article, which is an informative guide for foreigners who want to acquire property in Turkey, aims to provide investors with reliable and up-to-date information.
Read more: Foreigners' Rights to Acquire Real Estate in Turkey
A superficies is a right of easement in real estate law that allows a person or organization to build a structure on land owned by someone else or to use an existing structure under certain conditions. This right is established by an agreement between the real estate owner and the superficies holder for a certain period of time. The superficies are regulated in Articles 726, 826 and 836 of the Turkish Civil Code and are defined as one of the easements that can be used on a real estate. While the superficies protect the property rights of the land owner, it also grants the superficies holder the right to own the structure he/she has independently built on the land. This is an important legal regulation that can be used especially in commercial and economic projects. The superficies are not limited to the use of the land alone; it also ensures that the ownership of the constructed structure belongs to the superficies holder.
In Turkish law, the legal pre-emption right is a legal mechanism that grants the right of first priority to other stakeholders to purchase a share of real estate subject to shared ownership in the event that a shareholder sells his/her share of the real estate to a third party. This right plays an important role in the shared ownership system as a security developed to protect ownership and keep real estate within the community. The legal pre-emption right, which minimizes disputes that arise in relations between stakeholders, also allows real estate ownership to remain within the family and be transferred through inheritance. In this blog post, we will examine the scope of the legal pre-emption right in the Turkish legal system, its historical development, use, limitations and termination, and the advantages that this right offers to stakeholders.
Read more: Legal Pre-emption Right in Turkish Law, Protective Guarantee of Shared Ownership
In Turkish law, shared ownership refers to the joint ownership of the same real estate or property by more than one person. This type of ownership is quite common in real estate acquired through inheritance or similar means and creates legal rights and obligations between more than one person. Although it is often desired for shared ownership to continue, it may be necessary to terminate or share in certain cases. In this context, the right to share in shared ownership gains importance. In this article, we have discussed the process of terminating shared ownership, the definition of the right to share, its legal basis, limits and conditions of use.
Read more: The Right to Share and Its Limits in Joint Ownership in Turkish Law
Death-related legal transactions are legal arrangements that a person makes to come into effect after their death. These transactions are usually made through documents such as a will or inheritance contract and regulate the distribution of the deceased's assets, the relationships between the heirs and various rights claims after their death. However, legal problems such as deception may arise during these transactions. Within the scope of the Turkish Civil Code and the Code of Obligations, deception (in cases of will disability such as mistake, fraud and intimidation) in death-related legal transactions have serious legal consequences and may lead to the cancellation of the transaction. In this article, the definition of deception in death-related legal transactions, its elements, legal consequences and its place in Turkish law and comparative law will be examined in detail.
Inheritance contracts are one of the legal transactions that allow the testator to shape the disposition authority regarding his/her estate under certain conditions in advance. According to the Turkish Civil Code, an inheritance contract means the bilateral arrangement of dispositions related to death and the granting of certain rights by the testator to his/her heirs or third parties. The subject of inheritance contracts is supported by articles 514 to 516 and 528 to 529 of the Turkish Civil Code. These articles cover issues such as the structure of the inheritance contract, its types, validity conditions, waiver and termination situations.
Read more: Inheritance Contracts and Termination Reasons in Turkish Law
The right of repurchase on real estate is a special right in Turkish law that provides significant security to property owners, both protecting the rights of real estate owners and providing financial security in property relations. The right of repurchase, which allows the property owner to repurchase their real estate under certain conditions, is of great importance especially in long-term planning and investment relations. In this blog post, we will discuss the definition, legal nature, limits and advantages of the right of repurchase in the framework of the Turkish Civil Code and the Code of Obligations. In addition, we aim to provide comprehensive information in the field of real estate law by detailing important issues such as the annotation of the right of repurchase to the land registry, its relationship with the lex commissoria prohibition and abuse cases.
The pre-emption right is a special right that gives the shareholders in the case of joint ownership of a real estate the right to first purchase the sold share in the event that the other shareholder sells his share to a third party. This right, which is regulated in the Turkish Civil Code and imposes various restrictions on real estate ownership, aims to protect the rights of joint owners on the real estate. The pre-emption right can be used under contractual and legally recognized conditions in the sale of real estate. In this article, the conditions for the use of the pre-emption right, the litigation process, legal limitations and exceptions will be discussed. The scope of the pre-emption right and its legal status in practice will be explained in detail and the important points for real estate owners will be evaluated.
The right of residence, also known as the right of residence, is a limited real right that allows a person to use the real estate of another person as a residence. The right of residence, regulated under the Turkish Civil Code, is a subtype of the right of usufruct and allows the right holder to use the real estate only for residential purposes. The right of residence, which cannot be transferred to another person and is not passed on to the heirs, is an effective legal solution that meets the need for housing without owning the real estate. In this article, we have discussed in detail the conditions for the establishment of the right of residence, its scope, the reasons for its termination and how it stands in family law and inheritance law.
Negotiable instruments are one of the important documents that represent material value and have the feature of transferability. However, situations such as loss, theft or damage of these documents can cause serious legal problems for the document owner. In the Turkish legal system, the process of loss and cancellation of negotiable instruments is regulated in detail for both security and victimization purposes. In this article, you can find the legal steps to be followed in case of loss of negotiable instruments, the legal paths to be applied and the details of the cancellation process.
Investing in land can be a highly rewarding venture, but it requires careful consideration of various factors to ensure long-term success. Land, as a finite resource, holds intrinsic value, making it a unique asset for investors. However, selecting the right parcel of land for investment is not a simple task, as it depends on numerous elements such as location, economic trends, environmental factors, and legal constraints. Whether the goal is agricultural development, residential construction, or commercial expansion, conducting thorough due diligence is critical to mitigating risks and maximizing potential returns. This article explores the key factors to consider when selecting land for investment, offering insights into how to make informed and strategic decisions.
Read more: Key Factors to Consider When Selecting Land for Investment
The acquisition of immovable property is an important issue in Turkish law and certain legal procedures must be fulfilled for the validity of this acquisition. According to the Turkish Civil Code, the transfer of immovable property is made possible through registration in the land registry. However, the legal basis and documents of this registration in the land registry are of great importance in terms of the legality of the transaction. In particular, registration transactions carried out with forged documents fall within the scope of corrupt registration as they are unlawful, and this situation gives rise to the need to protect the real right holder of the immovable property. At this point, title deed cancellation and registration lawsuits come into play, and it is ensured that the registrations made with forged documents are canceled and the ownership is returned to the rightful owner.
The increasing severity of environmental challenges, such as climate change and resource depletion, has pushed the construction industry toward more sustainable practices. While traditional construction methods have been vital for modern development, they have also caused significant ecological harm, including the rise of greenhouse gas emissions, deforestation, and habitat destruction. As environmental pressures escalate, it becomes crucial to adopt innovative, sustainable building practices that reduce environmental impact while enhancing human health and well-being. Sustainable construction, centered on energy efficiency, resource conservation, and eco-friendly materials, is not just a necessity for protecting the planet but also a pathway to healthier and more resilient communities.
Urbanization describes the population shift from rural areas to urban centers. As populations grow, the demand for space increases, resulting in the need for vertical architecture solutions like high-rise buildings. These structures are designed to maximize space and provide housing, commercial spaces, and offices within the same footprint, addressing the issue of limited land in rapidly growing cities.
Read more: Urbanization and High-Rise Buildings: Designing for Dense Populations
Digitalization is transforming industries worldwide, and the construction sector is no exception. As traditional methods struggle to keep pace with modern demands, new technologies are emerging to revolutionize how buildings and infrastructure are designed, constructed, and managed. One of the most significant advancements in this digital shift is Building Information Modeling (BIM). BIM offers a comprehensive, data-driven approach to building projects by creating detailed 3D models that go beyond basic design. By integrating various data streams into a single model, BIM allows stakeholders to collaborate more efficiently, reduce costs, and improve project outcomes. In this article, we explore the role of BIM in the construction industry's digital transformation and the benefits it brings to the table.
Read more: Digitalization in the Construction Industry: What is BIM (Building Information Modeling)?
In this article, we focus on the importance of legal advisory services in real estate sales. Real estate sales transactions can be quite complex and it is important to have the guidance of a professional advisor to avoid any legal issues. In this section, we will discuss the main legal issues faced in real estate sales and how legal advisory services can help with these issues. We will also discuss the costs of legal advisory services in real estate sales and the associated benefits and risks.
Read more: The Importance of Legal Advisory Services in Real Estate Sales
Eco-villages have emerged as an innovative response to the growing environmental and social challenges caused by rapid technological advancement and urbanization. These intentional communities aim to establish a sustainable lifestyle, balancing the natural and social environments. By adopting practices that harmonize with nature, eco-villages create a more livable world for future generations. But what exactly is an eco-village, and why are they becoming so important in the modern world?
Read more: What Are Eco-Villages and Why Are They Important?
The devastating effects of earthquakes highlight the critical need for robust building designs that can withstand seismic forces. Reinforced concrete structures, although common in modern construction, often require additional strengthening to resist the unpredictable lateral forces generated during an earthquake. This article explores the most effective methods and techniques for enhancing the earthquake resilience of reinforced concrete buildings, ensuring both the safety of occupants and the longevity of infrastructure in seismically active regions.
Since Turkey is located on active earthquake zones, earthquakes have become an integral part of life. Major disasters such as the 1999 Marmara Earthquake have once again reminded us how important it is to be prepared for earthquakes. At this point, urban transformation is one of the most important tools to make cities and people's lives safer.
Read more: Securing the Future of Cities through Earthquake and Urban Transformation
Solar energy stands out as one of the most abundant and widely available renewable energy sources. With sunlight reaching the Earth’s surface at an astonishing rate, solar power has the potential to meet global energy demands many times over. This free and inexhaustible source of energy can be harnessed through various technologies such as passive solar, active solar, photovoltaic (PV), and concentrating solar power systems. The rapid advancements in technology and decreasing costs have spurred tremendous growth and investment in solar energy, with photovoltaic technologies emerging as one of the fastest-growing sectors globally. Not only does solar energy play a critical role in addressing climate change, but it also holds significant promise in regions lacking access to electricity, especially in developing countries and rural areas.
The lawsuit for cancellation of disposition is a legal remedy filed to annul the transfer and disposition transactions made by the debtor in order to evade his assets from creditors. In the Turkish legal system, this case is regulated in Articles 277 and following of the Execution and Bankruptcy Law (EIB). The main purpose of this lawsuit is to protect the rights of creditors and to ensure that creditors receive their receivables by invalidating the bad faith actions of the debtor.
Read more: Case for Cancellation of Savings According to Turkish Law
The Turkish Civil Code is a comprehensive law that regulates individuals' personal rights, family relations, property rights and debts. This law, which came into force on January 1, 2002, deals with important issues such as inheritance law in detail. Inheritance law is a set of rules that determine how the assets left behind by a person will be distributed after his death. Article 495 and the following articles of the Turkish Civil Code regulate the law of inheritance and secure the rights of legal heirs.
Read more: Legal Heirs and Inheritance Shares According to the Turkish Civil Code
The Turkish Civil Code contains comprehensive provisions regulating inheritance law. These regulations determine how the assets of the testator will be shared after his death. Will arrangements are of great importance for the fair and legal distribution of the inheritance. Official will, one of the types of wills, is a preferred document especially in terms of its legal validity and reliability.
Read more: What is an Official Will According to the Turkish Civil Code? How to Edit?
Mortgages occupy an important place in modern financial and legal systems. This system, which provides assurance to the creditor in case the debtor cannot pay his debt, is widely used, especially in large-value loans. Mortgage can be defined as a right established on immovable property and securing the creditor's receivables. In this article, issues such as the concept of mortgage, its types, granting process, legal aspects, advantages and disadvantages will be discussed in detail.
Today, digital transformation has led to radical changes in the real estate sector, as in many other sectors. While traditional marketing methods were replaced by online platforms, customer experience was also greatly affected by this transformation. In this article, we will discuss customer experience and marketplace review in online real estate sales in detail.
Read more: How to Improve Customer Experience in the Online Real Estate Industry?
Inheritance law is an important branch of law that ensures the fair and legal distribution of the assets accumulated by individuals during their lives to their heirs after their death. However, in some cases, the testator's attempts to smuggle property in a way that creates inequality among the heirs may lead to serious problems that undermine the justice of inheritance law. Fraudulent transactions carried out by the testator in order to protect certain heirs or to smuggle property from other heirs are called "Decedent collusion" in the legal system. In this article, we will discuss in detail what the deceased's collusion is, what elements it must contain, and how to file title deed cancellation and registration cases arising from this type of collusion. In addition, we will examine the competent courts and the plaintiffs and defendants in the hearing of these cases, and discuss their connection with criticism cases and the burden of proof. Our aim is to contribute to the protection of the rights of heirs by producing fair and equitable solutions within the framework of inheritance law.
Read more: Cases of Abduction of Property from the Heirs of the Inheritor in Turkey
Real estate sales contracts are one of the important legal transactions involving the transfer of real estate ownership. In this process, the role and responsibilities of notaries are of great importance in terms of legal security and validity of transactions. With the article 61/A added to the Notary Law as of 01.01.2023, the authority of notaries to issue real estate sales contracts has been expanded, and with this authority, the legal responsibilities of notaries are also discussed in detail. In this article, the legal powers of notaries in real estate sales contracts, their principles of practice and the legal responsibilities that may arise will be examined comprehensively, and the issues that notaries should pay attention to in these transactions and the possible legal risks they may encounter will be evaluated.
In the modern business world, flexibility and adaptability are critical to the success of businesses and employees. Technological advances and globalization have created radical changes in ways of working. One of the most striking examples of this transformation is zero hours contracts. Zero-hour contracts meet the flexibility needs of employers and offer flexibility to employees. However, it is important to be aware of the advantages and disadvantages that this model brings. So, what are zero hours contracts and how do they work? In this section, we will discuss the key features, benefits and potential risks of zero-hours contracts in detail.
Read more: What are Zero Hour Contracts? Where Flexibility Comes in Working Life
Corporate legal consultancy is a service provided by expert legal consultants or law firms to meet the legal needs of companies and minimise legal risks. This service includes organising the business processes of companies within the legal framework, preparing legal documents, managing legal processes, negotiating contracts and settling legal disputes.
Read more: What İs Legal Management Consultancy İn Turkey? What Does İt Cover?
Under the Turkish Civil Code, ownership of a property is acquired through a legally valid entry in the land register. This forms the cornerstone for the transfer of property ownership and ensures that the land register entries are correct and reliable. However, the transfer of ownership is not limited to this transaction, but can also take place in various other ways.
Read more: Legal Dimensions of Acquiring Real Estate Ownership Through Prescription
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