In accordance with Article 396 and subsequent articles of the Turkish Civil Code, guardianship is applied to individuals with limited autonomy, except in certain cases. Minors who are not under guardianship or adults who are unable to provide for their own well-being due to certain health and behavioral problems may be placed under guardianship by court decision. These situations include the appointment of guardians necessary for people to carry out their legal transactions safely.
Read more: Things to Know About the Guardian Appointment Case According to Turkish Civil Law
The savings financing method is an increasingly popular financial solution in our country, especially preferred by individuals who do not want to use loans through banks. Savings finance companies, often called "home companies", frequently advertise in the media as "interest-free home" or "interest-free vehicle" acquisition and attract the attention of the public with these features.
It is regulated in accordance with Article 599 of the Turkish Civil Code that the heirs take over the rights and debts of the deceased upon his death. According to this article, heirs directly acquire the real rights, receivables, other property rights and possession of both movable and immovable properties of the deceased. Likewise, they become personally liable for all the debts of the deceased.
Inheritance law regulates the transfer of inheritance to heirs upon the death of the testator. In accordance with the universal succession principle of inheritance, the inheritance is transferred to the heirs in its entirety and automatically. During this transfer, the rights and receivables of the testator, as well as his debts, are transferred to the heirs. Heirs are personally responsible for the debts of the deceased, and their liability is unlimited.
Share transfer in limited companies is regulated by Article 573 of the Turkish Commercial Code (TTK) and its subsequent provisions. These transactions are subject to procedures that must be carried out carefully, especially in companies where family members are among the partners. In practice, various problems are encountered as a result of skipping these procedures.
A rent determination lawsuit is a lawsuit filed by the court to determine the rental price in accordance with market conditions in residential and workplace rentals that continue for five years or more. This type of lawsuit is a legal process used when the rental fee needs to be redetermined in accordance with legal regulations or when there is a disagreement between the parties regarding the determination of the rental fee.
Read more: What is a Rent Determination Case According to Turkish Law?
The lawsuit for eviction due to necessity is one of the important elements of rental law and is a type of lawsuit that is frequently used for various reasons such as increasing rental prices, real estate sales, housing needs and urban transformation.
Read more: What is the Case for Eviction Due to Necessity According to Turkish Law?
The liability of building owners due to damages resulting from earthquakes is handled under Article 69 of the Turkish Code of Obligations No. 6098. This article includes not only buildings, but also all structures made by human hands and fixed to the ground (such as bridges, dams, tunnels, electric poles, statues, huts). In the case of buildings with more than one independent section owner, each independent section owner is considered the building owner.
The donation agreement includes the donor's commitment to benefit the donated person without compensation. Such contracts, as the name suggests, are legal transactions that impose obligations on only one party. The fact that the donation is gratuitous determines the basic nature of such contracts. The donor does not expect any benefit in return for his donation, therefore the legislation imposes strict regulations, especially on capacity, in order to protect the rights of the donor. Accordingly, only people with full legal capacity can donate. In addition, the donor's obligations arising from non-fulfillment of the debt are also reduced.
Read more: What is a Donation Agreement According to Turkish Law?
Land Share Definition: Land shares are common property shares mentioned in the condominium law and allocated to independent sections. These shares represent a property right and are protected under both the Constitution and international law, such as the European Convention on Human Rights.
Read more: What is the Lawsuit for Correction of Land Share?
The lawsuit for cancellation of disposition is an important legal mechanism that ensures the protection of creditors against malicious and fraudulent dispositions of debtors. Articles 277-284 of the Execution and Bankruptcy Law (EIB). This lawsuit, which is regulated by the articles, is filed for the annulment of the dispositions made by the debtor on the property he owns before the seizure or bankruptcy, in order to damage the creditors.
Read more: Cancellation of Savings Case and Legal Principles
An unfair occupation compensation lawsuit is a type of lawsuit that a property owner can file in case someone else uses his property without permission and unlawfully. These types of lawsuits usually take place over real estate, and the property owner seeks compensation for damages suffered as a result of the occupied property. Unfair occupation is the situation where a person who is not the legal owner or legal owner of the property gains control over the property and uses it. This usually occurs by entering and using a land, building or room without permission. An example of wrongful occupation would be when a person uses someone else's land for the purpose of farming or building.
In the Turkish legal system, there are different temporary protection methods to protect receivables and rights. Two of these methods are provisional seizure and preliminary injunction; Although both are closely related, they have fundamental differences. While interim measures are regulated in the Code of Civil Procedure; Precautionary lien is handled within the scope of the Enforcement and Bankruptcy Law. Before touching on the differences between these two concepts, it is necessary to specifically focus on what provisional lien is.
Construction contracts in return for land share are contracts made between the land owner and the contractor, which stipulate construction in return for a certain share of the land. Cancellation or termination of such contracts may arise for various reasons.
When you are considering purchasing a home or business, it is likely that there is still an owner, a relative or a tenant there. Before deciding to purchase, it is important to get clear information about the current situation by contacting the people who actively use the property and the seller. This step will minimize any negativities you may encounter in the future.
Read more: Beware of Existing Residents When Purchasing Real Estate!
There are some rules that must be followed to protect the peace of people living in small living spaces such as apartments and sites. A legal framework is required to determine and enforce these rules. It is a document management plan created to respond to this need and is regulated by Article 28 of the Condominium Law No. 634. The management plan determines how the building will be managed, how common tools and equipment will be used, and the rules that residents must follow. Thanks to this management plan, possible disputes between site residents are prevented through documents obtained from the land registry offices.
Read more: What is the Management Plan Applied in Turkish Residences? How to Create?
A rent determination lawsuit is a type of lawsuit seeking to increase or decrease the rental price and can be filed by the lessor and the tenant. When making a rental agreement, the parties can freely determine the rental fee. However, the parties may request a change in the rental fee in a new rental period. According to Article 344 of the Turkish Code of Obligations: Agreements of the parties regarding the rental fee to be applied in re-rental periods are valid, provided that it does not exceed the rate of change in the consumer price index according to the twelve-month averages in the previous rental year. This rule also applies to rental agreements longer than one year.
Read more: Rent Determination Cases and Rent Adjustment Cases in Turkey
Urban transformation projects are large-scale projects that are generally carried out for the purpose of renovating old or risky buildings and constructing new structures in their place. These projects may contribute to the development and security of cities, but may also cause negative effects for some flat owners. Urban transformation is a process that entered our lives with Law No. 6306 and its main purpose is to make buildings at risk of disaster healthy and safe.
Read more: What are the Rights of Flat Owners Who Do Not Want Urban Transformation in Turkey?
Construction contracts in exchange for flats can be terminated by mutual agreement of the parties. However, if the parties disagree or cannot reach an agreement regarding termination, legal remedies must be taken to terminate the contract. The conditions of termination must be evaluated by the court and these conditions must be proven. If the conditions of termination are accepted by the court, the construction contract in return for flat may be terminated by court decision. A party does not have the authority to terminate the contract by unilateral declaration of will.
According to Article 35 of the Constitution, the right to property includes the right of a person to benefit from something as he wishes, to dispose of it, to transfer it to someone else, to change the way of use and to use the development rights that can be obtained from the property. These rights can only be limited by law for the public good and their exercise cannot be contrary to the public interest. Nowadays, property rights can be violated on the grounds of public interest, and it is extremely important that this violation be compensated fairly and accepted by society.
Read more: What is Development Rights Transfer in Turkish Real Estate Laws?
A title deed annulment lawsuit is filed on the grounds that the land registry has been established irregularly and illegally, with the aim of rearranging the registry in accordance with the law and the actual situation. Since this type of case concerns property rights, enforcement proceedings cannot be carried out without a final court decision.
The identification of risky structures and their demolition process begins with the clarification of administrative procedures. Although there is no clear distinction in the Law and the relevant Regulation as to what characteristics the buildings to be demolished will have, as emphasized by the Ministry of Environment and Urbanization, there is a demolition obligation only for buildings located in risky areas.
Expropriation is the process of the state and public legal entities becoming entitled to privately owned immovable properties in cases where public interest requires it, within the framework of determined procedures and legislative provisions. This process operates according to the methods and procedures specified in the Expropriation Law. In the expropriation process, it is a legal requirement to first resort to the reconciliation method in order to ensure efficiency in terms of both time and cost. This method, which allows the parties to agree on the expropriation price without going to court, is called "consensus" and depends on certain procedures and conditions.
Read more: What is the Reconciliation Method in Expropriation?
Zoning Law is a set of legal regulations and regulations regarding the planning, construction and use of cities, towns and residential areas. This branch of law includes issues such as determining the regions for development and limiting the scale and features of the buildings in these regions. Zoning Law regulates the characteristics of buildings, the number and location of parking and loading areas, the signs used, and contains rules for allocating space for schools, parks and other public facilities. Zoning ensures the regular change of urban planning and development of cities, regulates population density and contributes to the creation of healthy accommodation zones and attractions.
Ecological villages offer a holistic approach by supporting social and economic sustainability as well as environmental sustainability. These villages have the potential to offer innovative and practical solutions to the environmental problems faced by modern societies. Becoming more environmentally friendly will allow you to protect the planet for future generations, limit your exposure to harmful substances and make informed decisions. Small changes you make in your daily life are enough to make a difference.
Tenant rights are rights that can be exercised by the tenant, who is a party to the contract, if the lease agreement contains valid and necessary elements. These rights may differ depending on the type of property rented and generally arise from the obligations of the lessor. The tenant has the authority to make certain demands within the framework of these rights.
Read more: 2023 Current Tenant Rights and Lease Agreement Principles in Turkey
Property value refers to the market value of a property and often plays an important role in buying and selling transactions. This value, also known as the current value, is the value of the private or public property in the current market.
In the field of law, there are various types of contracts, and one of them, which should be especially considered, is the "Inheritance Distribution Contract". This contract, which is generally not widely known, is of great importance in practice. In this article, frequently asked questions about the Inheritance Distribution Agreement will be discussed.
Read more: Definition and Function of Inheritance Distribution Agreement in Turkey
Since the total surface area of the world does not change, it is a fact that land and plot values tend to constantly increase. This is one of the main factors that make land investments attractive.
We will address common questions and concerns of people who are considering buying real estate in Turkey from abroad. Issues such as the process of purchasing property in Turkey, legal requirements and advantages of investment are frequently brought up by both our citizens living abroad and foreign nationals. As Asrın Group, we bring together these questions from both internet sources and our customers and offer detailed information for those who are considering buying real estate abroad. There is information on this subject that will be of interest not only to foreigners but also to people with dual citizenship. We will be pleased to provide detailed information on the subject to anyone who wants to buy a property in Turkey.
Read more: Most Asked Questions by Those Abroad Who Want to Buy Real Estate in Turkey
Non-Turkish citizens can acquire real estate for business or residential purposes in Turkey in accordance with Turkish laws. The legal basis for this situation is found in Article 35 of the Land Registry Law No. 2644.
Risky building assessment leads to serious legal consequences for building owners. An objection to a demolition order received after a building is assessed as risky contains many critical details.
Read more: Risky Building Detection and Evaluation Procedures in Turkey
In rental agreements made for residential and closed business areas, one of the reasons for the termination of the rental process is, as I mentioned before, the landlord's need for these places.
Right of way is a type of easement between immovable properties and is a frequently encountered issue in real estate matters. A passage easement may be more straightforward compared to other easements; But there are many issues that need to be known in depth about this right.
Read more: What is Passage Easement? General Information on Right of Way Cases
An ecovillage represents either a customary or deliberately formed community aiming for advancements in social, cultural, economic, and ecological sustainability. The primary goal of an ecovillage is to minimize its negative influence on the natural surroundings, achieved through thoughtful design and the lifestyle choices of its inhabitants.
The right to property is in a dynamic that is shaped by both the state's authority to intervene and the individual's desire to use this right unlimitedly throughout historical, philosophical and political processes. In modern times, the right to property is accepted as a fundamental human right both nationally and internationally and is protected accordingly.
Read more: What is the Definition of Property Rights According to Turkish Constitutional Law?
Title deed is an official document stating in whose name a property or land is registered. This document shows the legal rights of a person or organization over that property or land. Title deed plays an important role in the buying and selling of real estate, creating mortgages or similar transactions.
Read more: What is Title Deed? What are the Types of Title Deeds?
Urban transformation is an issue that has frequently occupied the agenda in Turkey in recent years. This concept gained an official framework with the "Law No. 6306 on the Transformation of Areas Under Disaster Risk". The first article of this law states that the main purpose of urban transformation is to make risky buildings in or outside areas under potential disaster threat safer and more durable.
Read more: How to Implement the Urban Transformation Process; What Does Law No. 6306 Mean?
We invite you to experience the privilege of growing old in this peaceful environment where you can swim in the crystal clear sea where Mediterranean Monk Seals live whenever you feel like it, and where you can share your morning tea with a fisherman who is mending his nets, as soon as you feel like it, in "Foça", one of the rare, untouched coasts of the Aegean and arguably one of its most beautiful places. We invite you.
Read more: Mid Phokaia Ekoköy: A New Life in the Lap of Nature, Away from the Stress of the City
Real estate law, as an in-depth extension of property law, is a specialized branch of law that deals with issues related to immovable property. In this field, lawsuits are witnessed in which legal disputes arising in relation to houses, apartments, land and other immovable properties are resolved.
Read more: What are the Main Types of Lawsuits in Real Estate Law?
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