Part Two – Pledge of Real Estate FIRST PART - GENERAL PROVISIONS
Conditions; Types of immovable pledges
Article 850- Immovable pledges can only be established in the form of mortgages, mortgages or bonds.
Assured credit; Mainstream
Article 851- The immovable pledge may be established for a certain receivable whose amount is indicated by Turkish currency. In case the amount of the receivable is not certain, the upper limit shall be specified by the parties to ensure that the immovable will be secured to meet all the claims of the creditor.
In order to secure the loans granted by credit institutions operating in or outside the country, in foreign currency or in foreign currency, foreign currency pledges may be established. In this case, the amount expressed by each degree is shown on the type of money where the pledge subject is determined. However, no more than one currency type can be pledged.
In the event that a rating of the pledges established in foreign currency is discharged, the pledge may be established in exchange of Turkish money or foreign currency on the date of registration. In the event that the degree of vacancy of a pledge established with Turkish currency is discharged, it can be pledged out of foreign currency at the date of registration.
Foreign buying of Turkish currency or money of account in calculating the exchange rate on the day of the Central Bank of Turkey is taken. It is determined by the Council of Ministers that the rights of pledges can be established over foreign currencies.
Article 852- Without prejudice to the restrictive provisions, the parties may decide the interest rate as they wish.
Immovable; Being a subject
Article 853- The right of pledge can only be established on immovables registered to the land registry.
certainty; If the immovable is single
Article 854- When the pledge is established, the real estate subject to it must be specified.
The parcels of the immovable property cannot be subject to the title deed unless they are registered separately.
If the immovable is more than one
Article 855- The pledge of more than one immovable property for the same debt depends on whether the immovables belong to the owners who are jointly responsible for the same property or debt.
In cases where more than one immovable is pledged for the same receivable, it is stated that every property constitutes a guarantee for the amount of the receivable.
Unless there is a contrary agreement, the land administration distributes security ex-officio to each of the immovable assets.
Establishment and termination of pledge; Establishment of the pledge; Registration
Article 856- The immovable pledge is established by registration in the land registry. The reserved conditions stipulated in the law are reserved.
The validity of the contract for the establishment of the immovable pledges depends on the formal construction.
Article 857- In shared ownership the stakeholder may pledge its share.
After the pledge has been established on the share, the stakeholders cannot pledge all of the property.
The immovable property subject to the ownership of the unanimity may only be granted in whole and in the name of all owners.
Article 858- The immovable pledge terminates with the cancellation of the registration or complete destruction of the immovable property.
The provisions of the law on expropriation are reserved.
Consolidation of real estate; Passage of the other immovable
Article 859- The parcels on the parcel that were merged and distributed by the authorized public institution or organization as a result of the merger and distribution process, keep the order of the parcels on the place of the immovable.
If the immovable that occurs as a result of the merger replaces multiple parcels with pledges or for some pledges for different receivables; the pledge rights on the immovable property cover the real estate as a whole and maintain their order in terms of opportunity.
Article 860- The debtor of the receivable secured by one of the merged immovable assets, can pay the immovable to pledge by paying the return during the merger, provided that it is notified three months ago.
Paid as money
Article 861- The money paid as a price for a pledged real estate is divided according to the order of the creditors, in the same order, in proportion to the amounts of their receivables.
This amount cannot be paid to the debtor without the consent of the creditor unless the property is more than one twentieth of the amount secured by the pledge or the new immovable does not constitute sufficient security for the receivable.
Ruling; Coverage scope
Article 862- The pledge obliges the immovable with its integral parts and add-ons.
Things that are explicitly listed as add-ons, such as machinery, hotel furnishing articles during the establishment of the pledge, and that are written in the column of declarations in the title deed are considered additions unless proved to be of such quality by law.
The rights of third parties on add-ons are reserved.
Article 863- The rented real estate enters into the scope of the pledge, the debtor against the beginning of the proceedings by turning the money into the pledge, or starting from the announcement of the bankruptcy of the borrower until the moment when the money is converted into money.
The right of pledge can only be asserted against the tenants after the declaration of bankruptcy or the announcement of the bankruptcy decision.
The legal transactions carried out by the owner of the pledged immovable on the unpaid rent amounts and the lien foreclosures by other creditors are not valid against the pledged creditors who have begun the proceedings by converting the pledges before the expiry of the lease receivables.
Article 864- The time limit for receipt will not be processed after the registration of the fee to the land registry.
Authority to take measures; Against value drops; Protection measures
Article 865- If Malik behaves in a manner that reduces the value of the pledged property; the creditor may ask the judge to prohibit such behavior.
The creditor may be authorized by the judge to take the necessary measures, as well as; In cases where there is a danger in delay, the creditor can take the necessary measures automatically without such authorization.
The creditor may ask the owner for the expenses he has made for the measure and he shall have the right to a pledge prior to the other cargoes on the immovable, without registration and registered.
Article 866- If there is a decrease in the value of the pledged immovable, the creditor may ask the borrower to show another assurance for his receivable or to restore the pledged real estate.
The creditor may also require assurances in the event that there is a danger of the decrease of the value of the pledged property.
If sufficient assurance is not provided within the period determined by the judge, the creditor may request the payment of the amount of the receivable to cover the deficiency.
The value falls without a fault
Article 867- If the value has occurred without the owner's fault, the creditor may ask the owner to provide reassurance or partial payment to the extent that the owner does not exceed the amount of compensation received due to the damage.
However, the creditor can take necessary measures to prevent or reduce the value. The creditor shall be entitled to a pledge right before the registration of any pledged immovable due to his expenses. Malik is not personally responsible for these costs.
Partial transfer of pledged property
Article 868- If Malik transfers a part of the property with less than one twentieth of the receivable secured by the pledged property; the creditor cannot refrain from taking pledge on the part transferred if he / she is paid in proportion to this part or the remainder of the property constitutes sufficient assurance.
Fundamental rights established after pledge
Article 869- It is not valid for the owner to commit that he will not establish new limited real rights on the property with a pledge.
The oldest right of pledge comes before the easement rights or the immovable burdens of the same immovable, which are then established without the consent of the creditor. During the re-establishment of the pledges, the easements and immovable loads that have damaged the old pledged creditors are canceled.
At the request of the previous pawned creditors, the abolished persons or the persons whose real estates are abandoned have priorities for the conversion of the pledged real estate to the amount of the rights of the rights of the rights against the registered ones.
Hostage rating; Provisions of the degree of hostage
Article 870- The guarantee provided by the host is limited to the degree of pledge specified in the registration.
The immovable pledge may also be established in the second or subsequent degree, provided that the amount of the income before it is stated in the registration.
The relationship between pledge ratings
Article 871- The abandonment of one of the pledge rights established in different rows on the same immovable does not entitle the entrant to the next rank.
A new right of pledge may be established in place of the abolished pledge.
The validity of the contracts that give the right to pass to the vacant level to the creditors of the pledged in the next row, to be done in the official manner; their effect on the land registry depends on the issuance of annotation to the land registry.
Article 872- If a pledge does not exist before a pledge has been established in the following places, or if the borrower has not saved on a previous pledge, or the pledge in the previous order is less than the amount specified in the registration for that degree; When the real estate is converted into cash, the sale price shall be distributed to the next creditors without taking into account the empty amount.
Money Exchange; Shape of money
Article 873- If the debt is not paid, the creditor has the right to obtain the receivable from the sales price of the pledged immovable.
In the event that the debt is not paid, the contractual provision that the ownership of the pledged property will pass to the creditor is void.
If more than one immovable is pledged for the same receivable, the request for the conversion of the pledge into the money shall be made for the entire property. However, the enforcement office only converts them as much as necessary.
Distribution of sales price
Article 874- The sale price of the pledged real estate is distributed according to the order of the creditors.
Among the creditors who are in the same order, the sales price that falls in that order is distributed in the ratio of the receivables.
Scope of assurance
Article 875- The assurance that the real estate pledge provides to the creditor is as follows:
The main money, Follow-up expenses and delay interest, Interest for three years starting with the expiry of interest until the date when the bankruptcy is opened or the money is required to be converted. The interest rate determined previously cannot be increased to the loss of subsequent creditors.
Guarantee of mandatory costs
Article 876- If the creditor has made compulsory charges for the protection of the pledged immovable, and especially if the owner has paid the insurance premiums to which the owner owes, he / she will benefit from the assurance as if he / she would take the pledge without the need of registration.
Right of pledge in case of improvement of the land; Priority
Article 877- If there is an increase in the value of the land improved with the contribution of a public institution or organization, the owner may establish the right of pledge by registering in favor of the creditor lending him / her to cover his share from the improvement expenses. The established pledge comes before all other burdens on the real estate.
If the improvement is made without the contribution of the public institution or organization, it can pledge for two thirds of the most costs on the property.
Payment of debt and expiration
Article 878- If the improvement is made without the contribution of the public institution or organization, the pledged receivable must be paid in equal installments in maximum five years.
Five years after the expiry or annual installments are due, the pledge right ends and the next creditors proceed according to their order.
Rights on insurance compensation
Article 879- The insurance claim that is due can only be paid with the consent of the creditors with all the pledges.
If the insurance indemnity is to be spent on reinstatement of the immovable property, it shall be paid to him by the party, provided that an adequate assurance has been provided.
Representation of the creditor
Article 880- In cases of urgent decision, upon the request of the debtor or any other person concerned, a trustee shall be appointed by the magistrate of the place where the immovable property is pledged to the creditor, whose name or where is unknown, to act personally.
SECOND PART - MORTGAGE
Purpose and qualification
Article 881- Any receivable that may or may not have been born yet, which is still present or possible, may be secured by mortgages.
The real estate subject to mortgage shall not be in the possession of the borrower.
Establishment and termination; Founded
Article 882- Receivables, which are not certain or may be changed, are placed in a certain degree of pledge and keep their order regardless of the changes in the amount of receivable after the registration.
Upon the request of the land registry officer gives a document showing the mortgage. This document, which only proves that registration is made, does not constitute a valuable document.
The approval of the registration on the contract and its approval shall be replaced by the mortgage certificate.
Termination; The right to request mortgage
Article 883- When the receivable expires, the owner of the mortgaged immovable may ask the creditor to withdraw the mortgage.
The right of the owner who is not responsible for the debt
Article 884- The pledged immovable owner who is not personally liable for the debts may request the removal of the mortgage on the immovable by paying the debt in the conditions of the debtor.
The loan will be paid to the payer.
Recovery from rope; Conditions and procedure
Article 885- If a person who acquires an immovable that has been mortgaged for a debt exceeding its value is not liable for the debt, he / she may recover the immovable from the mortgage by paying the purchase price before the enforcement proceedings are started. Anyone who acquires the immovable unreasonably can use this right by paying the price he / she will appreciate.
The right of recovery from the lottery can be used with a written notice to the creditors six months ago.
The salary is distributed among the creditors according to their order.
Article 886- Creditors may request the sale of the mortgaged immovable by auction by paying the expenses in cash within one month starting from the notification of the notification.
Sales are made according to the provisions of the Enforcement and Bankruptcy Law.
In case the amount obtained in the auction is more than the sale price or the value appraised by the owner, this amount shall be deemed to be the salvage fee. In cases where the cost of the increase is high, the auction expenses belong to the owner, otherwise the creditor who wants to increase the auction.
Article 887- If the owner of the mortgaged immovable is not personally liable, the effective payment of the creditor depends on the debtor and the debtor.
Ruling; Ownership and indebtedness; Transfer of real estate
Article 888- The transfer of the mortgaged immovable does not change the responsibility and security of the debtor unless otherwise agreed.
If the debtor has the right to apply to the previous debtor in writing within a year of the new owner's debts, the debtor will get rid of the debt.
Dividing the real estate
Article 889- In the event that some of the mortgaged immovable or one of the mortgaged immovable belonging to the same owner is transferred to another person or the mortgaged immovable is split, contrary to the agreement, the pledge is distributed to the immovable property by the land registry office in proportion to its values.
The creditor who does not accept this distribution may ask the debtor to pay the receivable within one year by giving written notice within one month starting from the notification of the distribution to him / her.
New owners, the debt of their own immovable debt if the debtor, the right to apply to the previous debtor in writing within a year does not declare in writing, the debtor gets rid of the debt.
Notification of debt loading
Article 890- If the new private debts of the immovable are loaded, the title deed shall inform the creditor.
The yearly notice period that the creditor shall be entitled to retain his / her right to be entitled shall begin to operate from the notification date of the notification made by the land registry office.
Transfer of receivables
Article 891- The validity of the transfer of a receivable secured by the mortgage does not depend on the registration of the period to the land registry.
Legal mortgage; Legal mortgages not subject to registration
Article 892- The birth of the statutory mortgage rights does not depend on the registration in the land registry unless it is prescribed by law.
Legal mortgages subject to registration; still on
Article 893- The following creditors may request the registration of the statutory mortgage:
On sale of the real estate sold to the seller, Together with the owners of inheritance or other cooperation partners, Subcontractors or artisans who are the creditor from the contractor or the contractor for material and labor in return for material or labor, for the purpose of giving labor without giving or giving material in a building or other works on an immovable. The creditors' prior waiver of this statutory mortgage is not valid.
In terms of sellers, heirs and other partners
Article 894- The statutory mortgage rights of the sellers, heirs and other co-operative partners must be registered in the land registry within three months of the transfer of ownership.
In terms of craftsmen and contractors; Registration
Article 895- The legal mortgage rights of artisans and contractors can be registered to the land registry, starting from the moment they are loaded with work or supply of materials.
The registration must be made within three months of completion of the work being completed.
In order for the registration to be made, the receivable must be accepted by the owner or decided by the court.
Registration cannot be requested if the owner gives sufficient assurance.
Article 896- Even if their rights have been registered at different dates, craftsmen and contractors are considered to be in the same order among themselves in terms of benefiting from the statutory mortgage.
Article 897- If the sales price does not meet all of the receivables of artisans and contractors, the remainder shall be met with increasing money after deducting the land value from the sales price of the creditors of the previous order which has the right to mortgage. However, this depends on the fact that the burdens on the immovable will be at the expense of artisans and contractors.
If creditors in the previous order have transferred their pledge, they are liable to compensate the amount of receivables that artisans and contractors cannot obtain due to this transfer.
Upon the notification of one of the rights holders, craftsmen or contractors, it is not possible to register other types of mortgages on the immovable property until the end of the registration period.
THIRD PARTY - THE DEBT AND THE DEBT RETURN YEAR
Obligation of mortgages; Purpose and qualification
Article 898- A mortgage-backed bond generates a personal receivable secured by the immovable property.
Article 899- The land registry is officially valued by the land registry for the establishment of pledges through mortgages.
For the amount exceeding the mapped value, pledges cannot be pledged through the mortgage.
Article 900- The receivable in the mortgage is subject to notification to the other party by the creditor or the borrower at least six months before the date on which the interest has to be paid, unless otherwise agreed.
Article 901- The mortgage-related provisions apply to the mortgage-owned debt pledged immovable owner who is not personally liable for the debt.
The owner of the immovable property can claim all defects of the debtor against the creditor.
Cycle and division
Article 902- The mortgage provisions shall apply to the results of the transfer or division of the real estate, which is the guarantee of the mortgage debt instrument.
Revenue certificate; Purpose and qualification
Article 903- The surrogate promises the right to a receivable established on an immovable property as an immovable burden.
Only the agricultural land, dwellings and buildings on which buildings can be constructed can be secured.
Revenue does not give rise to personal debt and does not represent the cause of the debt.
Limit of liability
Article 904- The amount of receivable in the stocks shall not exceed three-fifths of the average value of the land in the agricultural land and the income value of the other immovable and the value of the building and land.
Assessments are made officially by the land registry office.
Article 905- The State is responsible for not taking due care in its appraisal.
The state may recourse to the officers with a defect.
Article 906- The owner of the immovable property loaded with income bond may require the real estate to be released from the burden, even if a longer notification period is accepted by the contract, provided that the contract is notified and paid for at the end of each six-year period.
The creditors may request the payment of the debts by declaring them only one year before the end of each decade.
Debt and property
Article 907- The debtor's debtor is the owner of the loaded immovable.
The person who acquires the immovable property becomes the debtor of the stock and the old man will be free from the debt without the need for any further processing.
Interest debt is the personal debt of the owner starting from the date on which the immovable is no longer dependent on the guarantee.
Article 908- In case of division of the immovable property, the owners of the parcels shall be the debtor.
Provisions regarding the division of mortgage-installed immovable property shall be applicable to the distribution of dividend debt to parcels.
The creditor may request the purchase of the dividend within one month of the notification made within one month of the finalization of the distribution of the debt to the parcels.
Common provisions; Establishing; The nature of the credit
Article 909- Mortgage bonds and stocks cannot contain conditions and counter performance records.
The relationship of the bond with the debt
Article 910- With the arrangement of the mortgage bond or the bond, the underlying debt relationship ends with renewal.
Contrary to this, the contract affects only the parties and the unconscious third parties.
Registration and pledge; The need to issue a pledge order
Article 911- Apart from the registration to be made to the title deed for mortgages or bonds, a pledge order is issued.
Even though the deed is later issued, it results in legal consequences beginning from the date of registration.
Regulation of pledge
Article 912- The mortgages and bonds are issued by the land registry officer.
The deeds have the signatures of the land registry officer and the authorized Treasury representative.
These bills can only be given to the creditor or his representative on the written consent of the debtor and the owner.
Article 913- The forms of mortgages and bonds are determined by the statutes.
Identifying the creditor; During editing
Article 914- Mortgages and bonds can be issued in writing or in writing.
These bills can also be issued on behalf of the owner of the installed immovable.
Article 915- When issuing mortgages or bonds, a representative may be appointed to make the necessary payments and collect the funds to be paid, to receive notifications of assurances, to consent to reductions in assurance, and to protect the rights of the creditor, the borrower and the owner in general.
The name of the representative is written in the title deed and the pledge.
If the concerned parties cannot agree if the authority of the representative expires, the magistrate shall take the necessary measures.
Place of payment
Article 916- Unless otherwise agreed by the pledge, even if the deed is in writing, the debtor has to make all payments in the settlement of the creditors.
If the creditor's settlement is unknown or the creditor changes the settlement to the debtor's loss, the debtor may get out of debt by transferring his debt to the place determined by the judge in his / her own settlement or in the former settlement of the creditor.
If there are interest coupons, the interest payment is made to the person who submits the coupons.
Payment after the transfer
Article 917- In the event of the transfer of the receivables, the debtor may pay the interest and annual actions not linked to the coupon to the former creditor, even if the note is written pregnant, unless notified to him.
The payment is made in full or in part if the original has been made to anyone proving that he / she is a payee at the time of payment.
Termination; No creditor
Article 918- If the creditor or the creditor waives the right of the debtor, the debtor is free to leave the registration in the registry.
The Borrower may revise the bill that has passed into its possession.
Article 919- The registration of the mortgaged deed or bond may only be canceled after the parties or the court cancels the pledge.
Creditor's rights; Protection of goodwill; Regarding Registration
Article 920- The receivable arising from the mortgage bond or the share certificate is valid according to the registration in the bills for all those who rely on the title deed.
In terms of senate
Article 921- The mortgage bond or bond bonded in accordance with the procedure is applicable to those who rely on it in good faith, in writing.
The relationship between the deed and registration
Article 922- If the ones written in the mortgage debt or income certificate do not comply with the registration in the land registry or if there is no registration in the title deed registry, the registry is taken as basis.
However, anyone who acquires the stock with goodwill may seek compensation in accordance with the provisions on the land registry.
Right to claim
Article 923- A receivable in the form of a mortgage bond or a letter of credit, which is registered in the name of Nama or pregnant, may be transferred or pledged in possession of the bill, but may be subject to another saving.
The rights of the bills to be issued if they have not been regulated or canceled by the court are reserved.
Transfer of receivables
Article 924- The transfer of the receivable in the mortgage bond or the bond depends on the delivery of the pledge.
In the event that the pledge is registered, the name of the transferee and the transfer transaction shall be written on the deed.
Cancel; Loss of the stock
Article 925- If the pledge bond has been destroyed outside the will or has been destroyed without the intention of terminating the debt, the creditor may cancel the debts of the pledge and voucher by the court order and may request the debtor to repay the debt and arrange a new pledge or coupon if the receivable is not yet due.
Cancellation decision shall be made in accordance with the provisions for the cancellation of the negotiable documents; However, the period of presentation is one year.
The Borrower may also request the cancellation of the bill in accordance with the same provisions for the deed, which has not been returned although it has been paid.
Announcement by announcement
Article 926- Who is the creditor of the mortgage or bond is unknown for ten years and if the interest payment is not requested within this period, the owner of the property of the pledged may request the judge to be announced according to the provisions of the statutory provisions for the occurrence of the creditor.
If the creditor does not appear and the investigation is concluded that the receivable is no longer present, it is decided by the judge to cancel the bill; by this decision the degree of pledge is empty.
Def of the borrower
Article 927- The borrower may only claim defs arising from registration or bond and personal defects against the claimant.
Giving back the paid certificate
Article 928 - The debtor who pays the entire debt, may ask the creditor to return the deed as canceled.
Change in legal relationship
Article 929- The Borrower shall have the right to register changes in the legal relationship such as the partial payment of the debt or the reduction of the debt burden or the reduction of the security.
The land registry officer also writes such changes on the bill.
In the event that the changes have not been registered, changes other than the fact that annual acts written in the bill have been paid cannot be invoked against the winner of the tick.
FOURTH - TRUST RECEIVED PAYMENT
Article 930- Nama or pregnant written bonds can be secured by immovable pledges in the following cases:
Establishment of a pledge through mortgage or mortgage lending for the whole of the payment and appointment of a common representative for creditors and debtor, Establishment of immovable pledges for the whole of the benefit for the benefit of the institution taking the issue of bond issuance and pledging this pledged receivable for the benefit of the bond creditors. Issuing a serial pledge; Generally
Article 931- Provided that the following provisions are reserved for the mortgages and mortgages issued in series, the general provisions related to the mortgages and bonds are applied.
Article 932- The bills issued in series are arranged as multiples of one hundred million lira or one hundred million lira each.
All bills in a series must have the same shape and follow each other.
In case the bills are not issued by the pledged real estate owner, they are stated in the notes that the brokerage house is the representative of the creditors and debtor.
Partial payment of the debt
Article 933- The borrower may undertake to pay a portion of the principal at certain times with interest.
In installments, the amount of money to be paid every year is obliged to cover a certain part of the notes.
Article 934- Bills are registered to the land registry by showing their numbers; A registration is made for the entire payment.
If the number of bills is less, each deed can be registered separately.
Ruling; Brokerage agency
Article 935- Even if the issuing intermediary is the representative of the creditors and the debtor, it cannot make a change in the scope and conditions of the debt unless it has been granted further authorization during the issuance of the notes.
Repayment of bills; Payment plan
Article 936- The repayment of the bills shall be made according to the plan to be issued by the intermediary institution based on the authority made or issued at the time of issuance. In order to pay the bill in return for the payer will not be released.
Unless otherwise agreed, the cancellation of the registration depends only on the payment of the amount to be determined by the judge, if the debtor has fully fulfilled the obligations stated in the registration and if the coupons are returned with all coupons or if there are no coupons returned.
Article 937- The owner or intermediary institution of the pledged immovable is obliged to draw the exchange rate according to the payment plan and to cancel the bills paid in return.
These transactions are audited by the State in the promissory notes.
Reimbursement of repayments
Article 938- The money obtained instead of pledged immovables are used in the payment of the bills that will be determined in the first exchange rate.
Part Three – Movable Pledge FIRST DISCRETION – DELIVERY LIABILITY AND RIGHT TO PRISON
Delivered pledge; Establishing; Credit to the creditor
Article 939 - They are transported outside the discrete situations provided for in the law, but may be jailed through transfer of possession to the creditor.
Even if he does not have the authority to make savings, he or she shall be entitled to pledge, to the extent that it is maintained in accordance with the provisions of the possession. The rights of third parties from previous possession are reserved.
As long as the movable, de facto domaed only remains, the right of pledge is not born.
Article 940- In order to secure the receivables of the cooperatives and the cooperatives authorized by the competent authorities, they can be pledged on animals by transferring to the private register to be kept in the enforcement office without the transfer of the possession. The register to be kept for this purpose is determined by a regulation.
In order to secure the receivables of real persons or legal entities, a pledge may be set up on the movable goods which are required to be registered to a register in accordance with the law, without being transferred to the registered property, and to the register where the movable property is registered. Other matters related to the establishment of the pledge are determined by the regulation.
Article 941- The owner of the movable pawn may pledge an art on it. In order to do this, it is necessary to notify the pledged creditor in writing of the delivery of the pledged pledge to the next creditor.
Article 942- The creditor can only pledge the pawn with another of the hostages.
Expiration; Loss of possession
Article 943- The movable pledge ends when the creditor ceases to be a plaintiff and is unable to withdraw him from the cousin.
As long as the movers are under the control of the lone pawn by the consent of the creditor, the provisions of the pledge shall be suspended.
Article 944 - When the right of pledge is terminated by the payment of the receivable or for any other reason, the creditor is obliged to return the pledged carriage to the right holder.
The creditor shall not be obliged to return a portion of the pledge or a portion of it unless he has received the full receivable.
Liability of the creditor
Article 945- The creditor shall be liable for damages resulting from the loss, disappearance or loss of pledged movables unless they prove that they are born without their fault.
The creditor shall be responsible for all damages arising from the transfer or pledge of the pledge.
Terms of the pledge; The right of the creditor
Article 946- The creditor may ask the unpaid receivable to be paid by the pledge.
The right of pledge ensures the contract interest, follow-up expenses and delay interest together with the principal receivable.
Article 947- The pledge covers the transport with the add-ons.
Unless otherwise agreed, the creditor is obliged to give the property to the owner when the natural products of the pledged movers are not an integral part.
The pledge also includes natural products which are integral parts of the money.
Article 948- If there are more than one pledge rights on the same movable, creditors shall be paid according to the order of pledge rights.
The order of the right of pledge shall be determined by the date of establishment.
Failure of ownership
Article 949- In the event that the debt is not paid, the contractual provision of the transfer of the pledged property to the creditor is invalid.
The right to prison ; Terms & conditions
Article 950- The creditor may hold the movable or negotiable documents belonging to the debtor with his / her consent and hold the negotiable documents until the debt is settled, in case the debt is due and the quality of the goods is in connection with the receivable.
This link exists between traders if the possession and the receivable were born from the commercial relationship.
The creditor shall have the right to imprisonment on the movers not belonging to the debtor to the extent that the acquisition of the possession through the goodwill is maintained.
Article 951- The right of imprisonment shall not be exercised on the movable persons who are not eligible for cash.
The right of imprisonment cannot be used in cases where the debtor undertakes, or in cases where the debtor does not comply with the order given or the instructions given before, or the public order.
incapable of paying debt
Article 952- The creditor may use the right of imprisonment even if the debtor is incapacitated without payment.
It is incapable of paying any debt, or has occurred before the delivery of the movable, but the creditor has learned this situation after the delivery; the creditor may exercise his right of imprisonment even if the creditor imposes a liability or the debtor's obligation to deliver it in a certain direction, or even if it is incompatible with the instruction given earlier.
Article 953- If the debt is not fulfilled and sufficient assurance is not shown, the creditor may ask the debtor to notify the borrower of the payment of his / her imprisonment in accordance with the pledge provisions.
The execution office shall carry out the necessary transactions in lieu of the debtor for the purpose of converting the registered document which has the right of imprisonment.
SECOND PART - REPLACE ON CLAIMS AND OTHER RIGHTS
Article 954- Receivables and other rights that may be transferred to another person may be pledged.
Unless there is a provision on the contrary, pledge provisions of the pledges are also applied.
Establishing; In non-performing receivables
Article 955- For the pledge of non-affiliated and non-annual receivables, the pledge agreement must be made in writing and the related receivables must be submitted in the year.
From the creditor or the pledge, can inform the pledged debtor.
In the case of other rights, together with the written pledge agreement, the form prescribed for the transfer of these rights must be observed.
Article 956- For pledges of pregnant writing, it is sufficient to submit the pledges to the pledge creditor.
For the pledge of other valuable documents, the turnover of the deed or written statement of return must be submitted.
In promissory notes representing commodities
Article 957- The right to pledge on commodity arises by the pledge of negotiable documents representing the commodity.
If a special pledge agreement (warrant) is issued other than the bill representing the commodity, it is sufficient that the pledge has been pledged, provided that the amount of the pledged receivable and the date of the due date is written on the deed.
Article 958- The establishment of a subsequent pledge on a pledge is only valid in the event that the pledge or the subsequent pledge-taker informs the holders of the pledge in writing.
Rulings; Coverage scope
Article 959- In the case of periodic income-bearing receivables, such as interest or dividends, unless otherwise agreed, only those who have not yet come to terms are covered by the pledge and the pledge does not cover past performances.
If special bills are issued for such side-actions, they are subject to pledge unless they are otherwise agreed upon.
Representation of pledged shares
Article 960- The power to represent pledged share certificates in the general assembly of shareholders is not the creditor, but the shareholder.
Administration and payment
Article 961- If a diligent management requires the notification and collection of the liability of the credited receivable, the creditor may do so; the creditor may also force the creditor to do so.
The debtor who has been notified of the pledge can only pay the debtor with the consent of the other.
In the absence of such consent, the debtor is obliged to deposit his debt.
THIRD PARTY - RESPONSE FOR REHINATION CURRENT WITH WORK
Loaners; Receive business permission
Article 962- Those who wish to engage in lending in exchange for a movable pledge shall be authorized by the competent authority.
Article 963- Private enterprises may only be allowed for a certain period of time. This permission can be renewed at the end of the period.
In case of non-compliance with the required rules, the permission can be withdrawn at any time.
Borrow money back; Establishing
Article 964- A pledge is established by handing over the pledged carriage to the company and receiving a receipt in return.
Rulings; Money Exchange
Article 965- If the debt is not paid at the due date, the borrower may prejudice the debtor to repay the debt by means of a notary public and then convert it into a pledge.
The Borrower is not personally liable to the lender.
The right on the remaining money
Article 966- In case the sale price is more than the pledged amount, the remaining money is paid to the beneficiary.
If the entity has more than one receivable from the same borrower, they are taken into account as a whole in calculating the remaining money.
The right to demand the remaining amount shall be expired for five years after the transfer of the pledged money.
Expiration; The right to demand the rescue
Article 967- They can be pledged, pledged by the return of the pledge receipt until they are sold.
If the pledge receipt is not returned, anyone who proves to be the rightful owner after the due date of the receivable may save the move.
The borrower has explicitly reserved the right to return the pledged movable to the delivery of the receipt; six months after the due date of the claim of the person who proves his right to save the pawn.
Article 968- The lender may ask for the payment of the interest for the month in which the movers are rescued.
If the lender explicitly reserves the right to give back the invoice, whoever brings it, he may use this power unless the receipt knows that the bearer has taken it unfairly.
Purchase by recognizing the right to buy back
Article 969- Provisions relating to those who acquire a right to purchase by granting the right of repurchase, as well as lenders in exchange for their movable pledge shall be applied.
FOURTH - REHİNLI BAGS
Article 970- Those who are authorized by the competent authority to deal with lending in return for immovable pledges can issue a pledged bond with their receivables arising from their current affairs and their receivables secured by immovable pledges, even if they do not have a private pledge agreement and delivery obligation.
Article 971- Creditors cannot demand that the pledged bonds be paid before the scheduled time.
The bonds are issued in the form of a pregnant or registered and the coupons are printed in writing.
Article 972- The conditions for issuing bonds and issuance conditions and the authority to issue issuance are determined by special law.
🔒 PART THREE - POSSESSION AND DEED REGISTRY Part One – Possession The concept and types of possession; Concept
Article 973- Anyone who has de facto sovereignty over one thing is his possession.
The actual use of the right in the easement and immovable burdens on the immovable property shall be deemed as immovable.
types; Primary and secondary possession
Article 974- If Zilyet delivers what is necessary to ensure the establishment or use of a limited real right or a personal right, they will be both.
In one thing, the original possession, which is the possession of the property, is the possessive possession.
Indirect and indirect possession
Article 975- One person who directly maintains his actual domination in one thing is a direct zilyet;
Article 976- The fact that the actual domination is not used for temporary reasons or the possibility of using it does not terminate the possession.
Transfer of possession; Prepares between
Article 977- The possession is transferred if the means to provide dominance over the thing or something become available to the acquirer or to have control over the thing with the consent of the former owner.
Among those who are not ready
Article 978- Delivered to the agent passes the possession as if it were made to be represented.
Article 979- If a third person or a custodian continues to be custody based on a special legal relationship, the possession shall be acquired without submission.
The transfer of possession in this way is subject to provision starting from the moment when the transferor is notified to him / her by the transferor.
The third person may refrain from giving to the buyer the reasons for which he may oppose the transferor.
Deliveries of securities representing the commodity
Article 980- The delivery of the precious documents representing the commodity deposited in a carrier or public store results in the delivery of the commodity.
If there is a conflict between the person receiving the negotiable documents and the person taking the commodity with the good faith, the delivery of the commodity is preferred.
Provisions of possession; protection; Right to defense
Article 981- Zilyet can use all kinds of extortion or force to attack.
Zilyet, outside of his consent to the thing taken from him by expulsion of the immigrant, movers or during the action taken away from the capture of the captured can protect his possession. However, zilyet must avoid using force to the extent that the situation is not justified.
Right to sue in the usurpation of possession
Article 982- A person who usurps something that is owned by someone else is obliged to give it back, even if he claims that he has a superior right over that thing.
The Defendant may refrain from giving it back if he proves that he has a superior right to require him to recover the claimant.
The case is for the return of the thing and the elimination of the damage.
The right to sue the attack
Article 983- Even if the attacker has a claim on something; He was assaulted and could sue him.
The case is aimed at ending the attack, preventing the cause and eliminating the damage.
The right to litigation
Article 984- The right to sue due to the assault and the offense falls from a period of two months and, in any case, to one year from the beginning of learning the actual and the perpetrator of the possession.
Protection of the right due to possession; Presumption of property
Article 985- The movables are worth his admission.
The previous zilyetler is considered to be the owner of the movable property during their possession.
Fer'i presumption in possession
Article 986- A person who is a custodian without a will to become a landowner can withstand the right of the person he / she receives in good faith.
The existence of the right claimed by the person who is in possession of a certain real right or personal right to the movable property shall be considered as presumed. However, zilyet cannot assert this presumption against the person who has given it to him.
Defense against the case
Article 987- It can withstand the presumption that a movable entity has superior rights in every case against him.
The provisions of extortion or offense are reserved.
Saving authority and movable case; In terms of acquiring the possession
Article 988- The acquisition of a person who possesses goodwill or limited real rights on the property by virtue of a movable property is protected, even if he is not authorized to do so.
Lost or stolen goods
Article 989- Zilyet, whose antennas have been stolen, disappeared or left out in any other way than his will, can file a lawsuit against all those in possession of the thing within five years.
This move is well received from the auction or from the market or similar articles; The proceedings against the first and subsequent acquisitions may only be filed on the condition that the amount paid is returned.
In other matters, the provisions concerning the rights of the custodian are applied.
Money and pregnant writing
Article 990- Zilyet, even if he was out of his hands, money and pregnant writings written in good faith can not open the case against anyone who has acquired goodwill.
In good condition
Article 991- The previous zilyet against anyone who does not have the affirmation of a movable property, can always open the case.
If the previous zilyet, zilyetli the good will not be able to open the case against the next zilyetlı.
Article 992- In the real estates registered to the deed, only those who are registered in the name of the right to sue arising from the presumption of rights and possession shall be entitled.
On the other hand, anyone who has de facto sovereignty over the real estate may sue for extortion or attack.
Responsibility; In terms of goodwill; Utilization
Article 993- Zilyet, who uses or abides by what is in his possession in accordance with the right of presumption, is not obliged to pay any compensation against the person to whom he is obliged to return the thing.
The good man does not be responsible for the loss, disappearance or damage of something.
Article 994- The goodwill may ask the person wishing to give back the indemnity to pay the necessary and necessary expenses and can refrain from giving back the money until this compensation is paid.
Goodwill cannot claim compensation for other expenses. However, if he is not offered compensation for these expenses before the return of the thing, he can add and remove the additions that are combined with that thing and which are able to be separated by harm before they give back the thing.
The products produced by Zilyedin are deducted from the receivables due to the expenses.
In terms of non-benign zilyet
Article 995- Because the non-bene tazminat cial is unfairly held unjustly obliged to pay back, it has to pay damages for the owner of the right and compensation for the products which he / she has neglected to obtain.
Non-bene mes cials may require compensation for those who are obliged to do so.
Unless the unsuspecting buyer knows that he will return the thing to him, he is only liable for damages caused by his own defect.
Take advantage of the earning statute of limitations
Article 996- Zilyet, who has the right to benefit from the beneficiary timeframe, may add the period of his possession to his own period if he has the same authority to transfer the possession to him.
Part Two – Land Registry Establishing; In terms of registration; generally
Article 997- The title deed is kept to show the rights on the real estates.
The land register is composed of the land registry and the floor ownership register and the journal and documents and documents that complete these.
The example of the register, how to hold it, and the register of registers are determined by the regulation.
Registration of real estates; Immovable properties
Article 998- In the land registry, immovable property is recorded:
Independent and permanent rights on immovable property,
Independent sections subject to condominium ownership.
The registration of the land in the land registry is subject to the provisions of special law.
The conditions and procedures for registering independent and permanent rights are determined by a regulation. In order for the continuity condition to be fulfilled, the right must be indefinitely or at least thirty years.
The registration of the independent units subject to condominium property as immovable is subject to special provisions.
Immovables that cannot be saved
Article 999- The immovables that are not subject to private ownership and which are reserved for the public benefit shall not be registered unless there is a necessary right of registration of these.
If an immovable registered in the land registry becomes a non-registered real estate, it is removed from the land registry.
The elements of the registry; Land Registry
Article 1000- Each property is divided into one page and the page numbers follow each other.
The division of an immovable or the merging of more than one property is determined by the procedure.
Special columns on each page of the log are registered to:
Ownership, Easement burden on the immovable property or on the immovable rights established on the other immovable in favor of the immovable, The pledge rights on the real estate. Attachments are recorded in the declarations column at the request of the owner. This record can only be deleted from the file with the consent of those who appear as rights holders.
Multiple immovable properties belonging to the same owner may be recorded on a common page in the register, even if the boundaries are not adjacent to each other. The pledge registrations made on this page bind all immovables registered on that page; if some of such immovable properties registered on the same page are removed from that page on the request of the owner or by a court order, the rights registered on the immovable properties reserved shall be reserved.
Floor ownership index
Article 1001- The independent sections subject to the ownership of the condominium are also registered in the floor ownership register to be kept.
Without prejudice to the provisions of special law, the provisions concerning the deed register shall be applied to the transactions to be made on the billet.
Journal and documents
Article 1002- Requests for registration to the land registry are written to the journal journal in the order of request by specifying the identity of the requestor and the subject of the request.
The documents, which are the basis of these procedures, are carefully arranged and stored.
Article 1003- The registration and determination of an immovable property is based on an official measurement.
How to prepare the plans is determined by the regulation.
Keeping the land registry; In an area
Article 1004- The immovables are registered in the land registry of the region where they are located.
Article 1005- The immovable in more than one region is recorded separately in each region by stating that it is registered in other regional registries.
Registration requests and registration procedures for such an immovable property shall be made in the region where the majority of the immovable is located and the registration shall be notified to the land registry offices in other regions for registration.
land registry offices; Founded
Article 1006- The establishment, operation and services of the land registry administrations are subject to the provisions of the special law.
Article 1007: The State is responsible for all damages arising from the land registry.
The State recourse to the officials who have a fault in the birth of the damage.
The lawsuits concerning the responsibility of the State are seen in the court where the land registry is located.
Transactions; Subject of transactions; Registration
Article 1008- The following rights for the immovable property are registered in the land registry:
Ownership, Entitlement rights and immovable cargoes, Pledge rights. Commentaries; Personal rights
Article 1009- Rights arising from construction in return for land share, promise to sell immovable, rent, purchase, pre-emption, repurchase agreements and other rights that can be annotated clearly in the laws can be annotated in the land registry.
They can be asserted against the owners of the rights acquired later on that immovable property.
Restriction of savings authority
Article 1010- Savings authorization restrictions based on the following reasons may be given to the title deed:
Court decisions on the protection of contentious rights, The period of foreclosure, bankruptcy decision or concordat, Transactions envisaged by law, such as the establishment of a family dormitory, the appointment of a successor, etc. With the issuance of annotations, annotations of savings power can be raised against the owners of the rights acquired later on the immovable.
Temporary registration annotation
Article 1011- Temporary registration may be given in the following cases:
If an alleged right is to be guaranteed,
If the law allows for the completion of the deficiencies in the documents determining the saving power.
The provisional registration annotation depends on the consent of all concerned or the decision of the judge. If the subject matter of the annotation is subsequently realized, it can be argued against the third parties starting from the date of annotation.
Upon the request for the issuance of the provisional registration announcing, the judge shall decide to annul the opinion if the judge believes that the existence of the right subject to review may be accepted. In the decision, the duration and the content of the annotation shall be determined; the court is given a time to apply.
Article 1012- The add-ons of an immovable are written in the statements column in the records upon the request of the owner. The abandonment of this registration is subject to the consent of all interested parties who appear to be eligible.
Other issues that may be written in this column are determined by the regulation of public law restrictions on immovable property in the declarations column.
The provisions of special law are reserved.
Conditions of registration and withdrawal; Request; For Registration
Article 1013- The registration shall be made on the written declaration of the owner of the immovable property.
If the acquirer is based on the provision of the law, a final court decision or an equivalent document, this is not necessary.
The winner of a real right before registration may submit the necessary documents and request registration.
Terkin and for modification
Article 1014- The cancellation or amendment of a registration can only be made on the written declaration of the persons to whom this registration provides rights.
Determination of authority and reason
Article 1015- The ability to make savings, such as registration, abandonment and amendment, depends on the claimant, the authority to save and the legal reason.
The person claiming the document shall prove his power of saving by proving that he or she is the person who appears to be the rightful owner in the register.
The documentation of the legal cause is the proof of compliance with the necessary form for the validity of this reason.
Completion of documents
Article 1016- If the documents related to the savings authority and legal reasons are not complete, the request is rejected.
However, in cases where the documents pertaining to legal reasons are complete, in case the document indicating the power of saving is to be completed, the consent of the owner or the decision of the judge may be granted the provisional registration.
Form of registration; generally
Article 1017- The registers are made according to the date and order of the request.
An example of the record in the register is given to the interested party.
The shape of the samples to be given with registration and abandonment is determined by the regulation.
In the easement
Article 1018- The registration and cancellation of easements in favor of the immovable are recorded on the pages of both installed and benefiting immovables.
Notification of notification
Article 1019- The land registry officer is obliged to notify the transactions he has made without the knowledge of those concerned.
The duration of the appeal against these transactions starts from the notification date.
Openness of the land registry
Article 1020- The land registry is open to everyone.
Anyone who makes his / her interest credible may be asked to show him / her the relevant page and documents in the title deed in front of the land registry officer or to give examples of them.
No one can say that he does not know a record in the land registry.
Effects of registration; Results of non-registration
Article 1021- Legal rights which are subject to registration by the establishment of the law cannot be acquired unless registered.
The results of the registration; generally
Article 1022- Real rights are born with registration; the order and the date of the registration takes.
The effect of the registration shall start on the date of registration in the journal book, provided that the documents stipulated by the law have been completed or the documents have been completed in the appropriate time.
The content of a right shall be determined within the limits of the registration, on the basis of the documents to which it is based or by any other means.
Against favorable third parties
Article 1023- This acquisition of the third person who qualifies for ownership or another kind on the basis of the registration in the land registry is maintained.
Against unfamiliar third parties
Article 1024- If a right is registered as corrupt, the third person who knows or needs to know cannot withstand this registration.
The registration which is based on a non-binding legal procedure or lacking for legal reasons is corrupt.
Anyone whose right to do so because of such a registration may claim that the registration is corrupt, directly against third parties who are not eligible.
Terkin and replacement; Corrupt registration
Article 1025- If a pecuniary right has been registered or has been abandoned or changed as a corollary, therefore no one whose right to the right to be discharged may file a correction of the title deed.
The right of third parties to earn the same rights and all kinds of compensation on the basis of this registration is reserved.
Termination of rights
Article 1026- If the registration loses any legal value by the expiration of a right, the immovable property owner may ask for his / her abandonment.
If the land registry officer fulfills this request, each relevant person can file a lawsuit against his / her removal within thirty days of the date of the notification.
The land registry officer is entitled to request the decision to determine that the real right has expired by applying to the judge ex officio and to process the release based on the decision of the judge.
Article 1027- Unless there are written consent of the concerned persons, the land registry officer can correct the title deed in the title deed only by the court decision.
The correction can also be in the form of the abandonment of the old registration and a new registration.
The land registry officer corrects simple writing mistakes in line with the rules of the regulation.
(📜 Related Constitutional Court Decision: 1)
Article 1028- 17 The Turkish Civil Code 1926 dated February 743 has been repealed.
Article 1029- This Law enters into force on 1 January 2002.
Article 1030- The provisions of this Law are executed by the Council of Ministers.
PROVISIONS UNDER 22 / 11 / 2001 AND NO 4721
1 - 2 / 1 / 2003 is the provision of the Act dated 4778:
Article 36 - The provision of Article 92 of the Turkish Civil Code, amended by this Law, also applies to non-profit organizations other than associations and foundations.
THE REGULATION THAT ADDED AN additional AND CHANGES TO THE LAW 4721 OR TABLE SHOWING THE ENTRY DATES OF CONSTITUTIONAL COURT DECISIONS
PART ONE – PROPERTY Part One – General Provisions Content of the right to property
Article 683- Anyone who possesses something has the power to exercise, to benefit and to make use of it on that thing within the limits of the legal order.
Malik, unfairly in the hands of the owner of the property can open a lawsuit, as well as to prevent all kinds of unfair hand-over.
Scope of property right; Integrative part
Article 684- Anyone who possesses something will also have integral parts of that thing.
The integral part is the element that is the main element of the main thing in local customs and is not allowed to be separated from it unless it is destroyed, damaged or changed.
Article 685- The owner of something, his products will be the owner of.
Products are natural or juristic products obtained periodically and the other yields which are deemed to be suitable for them according to the purpose of the thing.
Natural products are an integral part of it until it leaves the real thing.
Article 686- Savings in respect of something include, unless otherwise stated, its add-on.
An add-on is the movable property which is connected to the original thing in the form of a merger, alias, or other means, which is always referred to the real thing, to operate, protect or benefit, according to the understandable desire of the owner or to local customs.
The plugin does not lose this attribute by temporarily leaving the main thing.
Article 687- What is associated with the real thing only for the temporary use or consumption of the zilyet, or merely with the special nature of the main thing without any relationship to be protected, sold or rented to be combined with it is not considered add-on.
Together property; Shared ownership; general rules
Article 688- In proprietary ownership, more than one person is entitled to certain shares in all of something that is not materially divided.
Unless otherwise specified, the shares are equal.
Each of the stakeholders shall have their own rights and obligations in terms of their share. Share can be transferred, pledgeable and can be phoned by creditors.
Management and savings; Deals
Article 689- Stakeholders can make a regulation different from the provisions of the law on issues related to utilization, use and management by unanimous agreement among themselves. However, the following rights and powers of the stakeholders cannot be removed or restricted with such an agreement:
To carry out the management works which are necessary for maintaining the usability and value of the subject property of the share ownership and to take the necessary measures from the court if necessary,
To take measures to be taken immediately to all stakeholders to protect the goods from the risk of damage or increase of damage.
If the signatures of the agreements related to the immovable property are approved by the notary public, upon the application of one of the stakeholders, the title deed may be annotated.
Ordinary management works
Article 690- Each stakeholder is authorized to carry out the usual administrative tasks, in particular to carry out minor repairs and to carry out agricultural works.
Without prejudice to the provisions of the law on mandatory and urgent works, the decision of the majority of stakeholders may be subject to different regulation concerning the authority in ordinary administrative affairs.
Important management works
Article 691- It should be decided with the majority of the share and stakeholder for important management tasks such as the modification of the operation method or the type of agriculture, the contracting of the lease or the lease of the goods or the termination of the land, the improvement of the land.
The same majority is required for maintenance, repair and construction works that exceed the ordinary management limits and for the maintenance of the value of goods or benefits.
In the case of equality of shares and stakeholders, the judge shall make a fair decision by taking into account the interests of all stakeholders upon the request of one of the stakeholders; appoint a trustee or an outsourcer to do the works he deems necessary.
Extraordinary management works and savings
Article 692- Change in the purpose for which the item to which the item is identified is subject to change, the construction works exceeding the extent required by the protection or the usual use, or to make savings on the whole of the share goods shall be subject to the acceptance of all the stakeholders unless otherwise agreed upon unanimously.
If the immovable pledge or immovable burden is established on the shares, the stakeholders cannot register the entire property with similar rights.
Utilization, use and protection
Article 693- Each stakeholder may benefit from and use the shareable property to the extent that it is associated with the rights of others.
The judges determine the way they use and exploit in case of conflict. This determination may also be in the form of the division of the use of the registered goods between the stakeholders in time or place.
Each stakeholder may provide the protection of non-divisive common interests as representing other stakeholders.
Expenses and obligations
Article 694- Administrative expenses, taxes and other liabilities, which arise from the ownership of a proprietary property or interest, are met by the stakeholders in proportion to their shares unless there is a provision otherwise.
The stakeholder who has paid more than his share may recourse to others in proportion to his share.
Binding of decisions
Article 695- The decisions and decisions taken by the stakeholders on the issues related to the use, exploitation and management and the decisions taken by the court also bind those who are subsequently stakeholders or those who are entitled to the same.
In order to make use of real estate, real estate, and management decisions on real estates in the real estates, or to bind the individual beneficiaries on the share, the title deed should be annotated.
Decommissioning; Removing the stakeholder
Article 696- The stakeholder who severely disrupts his or her obligations or conduct or the obligations and / or obligations of the persons for whom he or she is responsible for his actions against all or part of the other stakeholders may be excluded from the fellowship by a court order if he has made the continuation of the permanent ownership relationship irrevocable for them.
The opening of the case depends on the decision to be made by the shareholder and the majority of the stakeholders unless otherwise agreed.
If the judge justifies the removal request, if it is possible to separate the part that will cover the share of the stakeholder to be issued, it decides to separate the part that has been allocated from the share ownership.
Stakeholders or stakeholders who want to transfer the shares of the goods that cannot be separated exactly with their value at the date of the lawsuit have to put forward their demands with the request to remove them from stakeholder. The judge decides whether the share value should be paid or deposited in an appropriate time determined before his decision. In case of acceptance of the case, the share shall be deemed to be registered on behalf of the requester.
If the share to cover the share cannot be separated from the commodity and the shareholder who does not want this share is found, the judge determines a period for the defendant to transfer his share and in this period decides the sale of the non-transferable share by auction. The sales decision shall be carried out in accordance with the provisions relating to the cashing through enforcement proceedings.
Removal of other rights holders
Article 697- Provisions relating to the issuance of a stakeholder shall also be applied to the owners of personal right to benefit from the shares, usufruct or other real or title deed. However, it is decided to terminate an unreasonable right in return for an appropriate compensation.
End of ownership; Share prompt
Article 698- Each of the stakeholders may request that the goods be shared, unless there is a legal transaction or the obligation of continuing the ownership of the shares due to the permanent purpose of the proprietary goods.
The right to request to share may be limited to a maximum of ten years from a legal procedure. Contracts relating to the continuation of the ownership of ownership in real estates are subject to the official form and may be annotated to the title deed.
It cannot be requested to share in an unsuitable time.
Article 699- Sharing is done in the form of dividing the price by selling the goods exactly, or selling them by bargaining or increasing.
If there is no numbness in the form of sharing, the judge decides on the request of one of the stakeholders that the same division of the commodity is divided and if the values ��of the divided parts do not coincide with each other, money is added to the missing value.
If the division is not deemed appropriate for the request and conditions, and especially if the share is not allowed to be divided without significant loss of value, sales shall be made by auction. It is up to the consent of all stakeholders to decide on the increase in sales among the stakeholders.
The state of usufruct right
Article 700- If a stakeholder establishes usufruct rights on his / her share, if one of the other stakeholders asks to share within three months of the notification that the right of usufruct has been established; The right of usufruct in the share through sale shall continue on the price to be paid.
Co-ownership; Resources and quality
Article 701- In accordance with the contracts envisaged by the law or the law, it is the ownership and the ownership of the property of the people who are together with the goods.
Partnership ownership does not have a designated share, but the rights of each are common to all goods entering the partnership.
Article 702- The rights and obligations of the partners are determined by the provisions of the law or contract that gives rise to the community.
Unless there is a provision in the law or in the contract, the partners must decide unanimously for the management and the savings.
As long as the contractual community continues, no share can be made and no share can be saved.
Each of the partners may ensure the protection of the rights of the community. All partners benefit from this protection.
(Pursuant to Article 702 of the TMK, the purpose of the cooperation of a stakeholder is to prevent other stakeholders from being harmed by the disposal of a stakeholder, in other words, to protect other stakeholders from outside, and as a result, all kinds of savings by third parties are possible with the consent of all stakeholders. The promise to sell contract, which includes all of its heirs, has the ability to perform.)
Article 703- The ownership of the partnership ends with the transfer of the goods, the disintegration of the community or the transfer of ownership.
Sharing shall be made in accordance with the provisions of the proprietary ownership unless there is a provision otherwise.
Part Two – Property Ownership FIRST PART -PROPERTY OF IMMOVABLE PROPERTY Subject, Earnings and Loss
The subject of immovable property
Article 704- The subject of real estate ownership is:
Land, Independent and permanent rights recorded on a separate page in the land registry Independent sections registered in the floor ownership register. Acquisition of immovable property; Registration
Article 705- The acquisition of immovable property is registered.
In the case of inheritance, court decision, enforcement, occupation, expropriation, and other cases stipulated by law, the property shall be acquired prior to registration. However, in these cases, the owner's ability to make savings transactions depends on the fact that the property is registered in the land registry.
Winning ways; Legal action
Article 706- The validity of the contracts for the transfer of the immovable property depends on the official arrangement.
Death-related savings and property regime contracts are subject to their own specific shapes.
Article 707- The acquisition of the property of an immovable property registered in the land registry by occupation depends only on the abandonment of the registration by the owner.
Property cannot be acquired by occupation on immovable properties not registered in the land registry.
New land development
Article 708- Land, which is suitable for re-use in non-owned areas due to reasons such as accumulation, landfill, landslide or changes in the bed or level of public waters, belongs to the State.
If the State does not have a public objection, the State may transfer the land to the landowner or the landowner.
The owner, who proves that the pieces of land are detached from his own land, may take them back within a decade starting from the date on which he / she learned the situation and, in any case, from the date of occurrence.
Land shift; generally
Article 709- Land shift does not require border change.
As a result of the landslide, the provisions relating to the entrails and interferences about the pieces of land and other objects that have passed from one real estate to another are applied.
Article 710- The principle that landslide will not cause a change of boundary is not applied by the competent authorities in the regions where landslide regions are determined.
During the determination of these regions, the structure of the land in the region is taken into consideration.
It is reported that an immovable property is located in such a region and is written in the declarations column of the land registry.
Re-determination of the border
Article 711- If the border does not reflect the truth due to the landslide; the relevant immovable owner may request the restructuring of the boundary.
Redundancy and deficiencies are compensated.
Gaining time limit; Ordinary timeout
Article 712- If the person who has been registered as landowner without a valid legal reason, maintains his possession on the immovable immovable uninterruptedly for a period of ten years and with good faith, he cannot be objected to the right of ownership gained in this way.
Article 713- A person who is not registered in the land registry for a period of twenty years and who is in possession of his capacity as owner shall be entitled to decide the registration of the title of ownership on the whole, part or a share of the immovable property to the title book.
Under the same conditions, the possession of the whole or a part of the immovable that is registered in the name of a person whose owner cannot be identified from the land registry or for whom a decision of absenteeism was given twenty years ago, may request the registration of the ownership right on the whole, part or a share of that immovable to the land registry. .
The registration case is opened against the Treasury and the related public legal entities or, if any, the heirs of the person who appears to be the owner.
The subject of the case shall be announced to the court at least three times by the newspaper and once at the place where the immovable is located at the appropriate vehicles and intervals.
Within three months starting from the last announcement, if no objection is found by claiming that the above conditions are not fulfilled or if the objection is not considered appropriate and the claim of the plaintiff is proven, the judge decides on the registration. Property is acquired when the conditions stipulated in the first paragraph are met.
Defendants and protesters may request to be registered in their own names in the same case.
The decision specifies the nature, location, boundaries and surface area of ��the immovable to be registered and the decision including the technical information prepared by the experts is also included in the decision.
The provisions of special law are reserved.
Calculation of time
Article 714- The provisions of the Code of Obligations related to the statute of limitation shall be applied in a comparative manner in calculating, stopping and stopping the time limitation periods.
Unclaimed places and benefit of public goods
Article 715- Unclaimed places and the benefit of public goods are under the provisions of the State.
Unless proven otherwise, the benefit of public waters and rocks, hills, mountains, glaciers, and the resources that aren't suitable for agriculture are not the property of anyone, and in no way can they be subject to private property.
Unclaimed places and the benefit of the acquisition, maintenance, protection, operation and use of public goods are subject to special provisions.
Right to request registration
Article 716- A person who has a personal right to request the registration of the property in his name on the basis of a legal reason that will be the basis of the acquisition of the property may ask the judge to be judged from the judge in case he avoids the owner.
On the basis of the occupation, inheritance, expropriation, enforcement or court decision of the ownership of an immovable property, the winner can register directly.
Changes in the property of an immovable property due to the property regime between the spouses shall be registered directly in the land registry by the request of one of the spouses.
Loss of immovable property
Article 717- Immovable property ends when the abandonment or immovable is completely destroyed.
When the expropriation property expires
SECOND PART - CONTENT OF IMMOVABLE PROPERTY AND RESTRICTIONS
Content of immovable property; Scope
Article 718- The property on land covers the air and supply layers above it as far as it is beneficial to use it.
The scope of this property also includes structures, plants and resources without prejudice to legal restrictions.
Limits; Determination of boundaries
Article 719- The boundaries of the immovable property are determined by the land markings and the boundary markings on the supply.
If the marks on the supply and the signs on the supply do not match, the actual plan is the limit. This rule is not applied by the competent authorities in the regions determined as landslides.
Obligation to set limits
Article 720- Each landowner is obliged to contribute to the correction of the deed plans or the establishment of boundary markings on the supply in order to determine the unclear boundaries on the request of his neighbor.
Restricted property on borders
Article 721- Limits, such as walls, railings, fences, which separate the two properties from each other, are deemed to be the property of both neighbors unless proven otherwise.
Structures in the field; Land and building material; Property relationship
Article 722- If a person uses the material of someone else in the structure of his own land or the material of himself or someone else in the structure of another's land, this material becomes an integral part of the land.
However, if the dismantling of the used material without the consent of the owner will not cause excessive damage, the owner of the material may request the discharging of the material to be given to him.
Under the same conditions, the owner of the land, without the consent of the material used in the structure, the expense of the construction builder may be removed to be removed.
Article 723- If the material is not dismantled, the land owner is obliged to pay an appropriate compensation to the owner.
If the owner of the building is not in good faith, the judge may decide to compensate the damage suffered by the owner.
If the owner of the building material is not in good faith, the amount the judge shall control shall not exceed the minimum value that the material carries for the land owner.
The ownership of the property to the owner of the land
Article 724- If the value of the structure is clearly greater than the value of the land, the benefactor may request that the property and all or sufficient portion of the land be given to the owner of the property for an appropriate price.
Article 725- The part of a building that is carried to the land belonging to someone else, becomes an integral part of the immovable property if the building owner has an easement on the land carried.
If there is no such right of easement, if the damage owner does not object within fifteen days starting from the date of learning of the overflow, but also justifies the situation and conditions, the person who makes the flood structure with goodwill shall be entitled the ownership of the piece of land.
Article 726- The ownership of the buildings constructed to stay on or under a land belonging to someone else, on the basis of a supercluster, belongs to the owner of the right of easement.
The creation of condominium or floor easement on the independent sections of a building, which are suitable for use in itself, is subject to the Property Law.
The right of right cannot be established on independent sections.
Article 727- Even if the channels of water, gas, electricity and the like are outside the real estate where the enterprise is located, unless the contrary is an arrangement, it is considered as the addendum of the enterprise and the property of the owner.
Apart from the cases required by the neighborhood law, an immovable property can only be loaded as a real right through such a channel by establishing a right of easement.
The right of resignation arises from the registration of the title deed, if the medium is not seen from outside, and by making the media based on the contract to be made by the notary public if seen from outside.
Article 728- The hut, buffet, arbor, shed and other light structures, which are made without the intention of being permanent on someone else's land, belong to the owner.
Such structures are subject to the provisions of the movable property and are not shown in the title deed.
Saplings planted on land
Article 729- If a person stitches another person's seedlings on his own land or the seedlings of himself or a third person, the provisions relating to the structures or the movable structures made using the material of others shall also apply to them.
Trees and forests cannot be the subject of the upper right.
Responsibility of the owner
Article 730- An owner of an immovable property of the right to use the legal restrictions of this right as a result of damage or damage to the person who is facing the danger of the situation, the situation, the danger and the damage suffered can be solved.
The judge may decide to offset the damages resulting from the inevitable and inevitable outbursts by an appropriate price.
Restrictions of real estate ownership; generally
Article 731-The restrictions arising from the law of immovable property are effective without being registered in the land registry.
Elimination or alteration of these restrictions depends on the formal arrangement of the contract and the issuance of annotations to the title deed.
Restrictions for public interest cannot be removed or changed.
Restrictions on the right of transfer; Right of legal pre-emptive; Owner of the right
Article 732- In the event that a stakeholder sells his share of the immovable property completely or partially to a third party, other stakeholders may exercise their right of pre-emption.
Prohibition of use, waiver and time-limiting
Article 733- With prejudice increase, prejudice cannot be used in sales.
The waiver should be done officially and the title deed should be given annotation. Discontinuation of prejudice rights in a particular sale is subject to written form and may be made before or after the sale.
The sale shall be notified by the buyer or seller to other stakeholders via a notary.
The right of pre-emption falls within three months of the date on which the sale is notified to the rightful owner and, in any event, two years after the sale.
Article 734- The right of pre-emption is used by opening a case against the buyer.
The holder of the right of initiation is obliged to pay the title deed to the buyer in cash in the time determined by the judge within the period determined by the judge before the registration of the share is decided.
Contract pre-enforcement right
Article 735- The contractual pre-emptive right granted to the title deed may be used against each employee in the period specified in the annotation and in accordance with the conditions specified. The conditions in the sale of the immovable to the third party shall be taken if the conditions are not specified in the bill.
In every case, the effect of the announcing expires ten years after the date of issuance.
The provisions on the exercise of the right of legal pre-emption and the renunciation shall also apply to the contractual pre-emption.
Purchase and repurchase rights
Article 736- Purchase and repurchase rights granted to the land registry can be used against each employee in the period specified in the annotation.
In any case, the effect of the announcing expires ten years after the date of issuance.
neighbor right; How it works
Article 737- Everyone is obliged to avoid floods that may negatively affect their neighbors while exercising the rights arising from the immovable property, and in particular when conducting business.
In particular, it is forbidden to cause disturbance by making noise, mist, soot, dust, odor, noise or jolt that exceeds the degree acceptable to the neighbors.
The rights to equalization arising from local fair and inevitable outbursts are reserved.
Excavations and structures; Kural
Article 738- Malik must avoid damaging the neighboring immovables by shaking or endangering their lands or influencing the facilities on them.
Provisions regarding flood structures are applied to structures that violate the rules of neighborhood law.
Article 739- The rules to be complied with in excavations and structures are determined by special laws.
Article 740- If the branches and roots that damage the neighbor's land are not removed within a reasonable time upon his request, the neighbor can cut off these branches and roots and put them into his own property.
The neighbor who has folded the overflowing of the branches to the planted or built land shall have the right to collect the fruits grown in these branches.
These provisions do not apply to neighboring forests.
Article 741- The rules that the neighboring immovable owners must obey when planting are determined by special laws.
Naturally flowing water
Article 742- The immovable owner must bear the flow of naturally flowing water, especially rain, snow and unshielded spring waters from the upper land to his own land.
None of the neighbors can change the flow of these waters to the other.
The owner of the above land may hold the water required for the immovable on the lower side only to the extent necessary for its own immovable.
Excessive water supply
Article 743- If the land of a land is flowing naturally to the lower land, the landowner of the land must accept these waters without the right to seek compensation even when the excess water is discharged.
If the land on the underside is damaged due to unloading water, it may require the water to be drained on its own land with the expense of the land owner.
The provisions of special law on the drying of marshes are reserved.
Transition; Obligation to fold
Article 744- Each immovable property owner is obliged to bear the water line, drying channel, gas and the like pipes, electrical lines and cables, if it is impossible or exceedingly costly, to pass under or over his own land, provided that all damage is paid in advance.
In the event that the transposition is subject to the rules of expropriation, the provisions of this Law on neighborhoods shall not apply.
The right to pass the media is registered to the land registry by the right holder at the request of the owner and provided that the expenses are paid.
Protection of the interests of the immovable property owner
Article 745- The obliged immovable property owner may require that his or her interests be exercised in a fair manner.
If there are extraordinary situations in the media that will be passed over the land, the owner may request that a suitable part of the piece of land on which these channels are to be taken will be purchased for a price that will cover the loss in full.
Change of status
Article 746- If the situation changes, the obliged immovable owner may request that the media be transferred to another location for its own benefit.
Relocation expenses, as a rule, belong to the owner of the channel right.
If special circumstances justify, the immovable owner may be liable to participate in an appropriate part of the expenses.
Gate rights; Mandatory passage
Article 747- The proprietor who does not have an adequate passage for the general road may ask his neighbors for a full price.
This right is first used against the neighbor who is best suited to the previous property and road condition, and then to the least harm from him.
Mandatory passage is determined by taking into consideration the interests of both parties.
Other gate rights
Article 748- The right of temporary entitlement to the adjacent immovable with the aim of constructing the immovable of the immovable owner on the basis of operation or improvement, or the construction of the immovable property, shall be subject to the provisions of the special law.
If there is no special provision, local customs apply.
The rights of the gate directly arising from the law arose without being registered to the land registry. However, those with a continuous nature are shown in the declarations column.
Article 749- Without prejudice to the provisions on the ownership of shares on the limits; each land owner shall cover the expenses for the boundary of the immovable property to be surrounded by boundaries such as fences or walls.
The provisions of the special law relating to the obligation and form of the land to be surrounded by boundaries are reserved.
Article 750- Every immovable property owner is obliged to participate in the works required for the use of the powers of neighborhood law and their expenses in proportion to his / her own benefit.
The right to enter someone else's land; Entering the forest and pasture
Article 751- Unless prohibited by the competent authorities to protect vegetation, anyone can enter someone else's forest and pasture and collect and pick up wild fruits, mushrooms, and so on, to the extent permitted by local customs.
Access to someone else's land to hunt and catch fish is subject to special provisions.
Getting things similar with drifting
Article 752- Water, wind, avalanches or other natural forces or other natural forces as a result of coincidence, or something that is drifting or falling into the land of the large and small animals of the head, bee son, poultry and fish, such as by the owners of the rights to be searched by the owners, the land owner has to allow.
The land owner therefore has the right to demand that the damage be incurred be compensated and to imprison those things until the compensation fee is paid to him.
In case of necessity
Article 753- If a person is able to prevent a threat that is threatening him / herself or others or a current danger by an intervention to someone else's real estate and the damage or danger is significantly greater than the damage to the immovable, the owner must bear it.
For this reason, Malik may demand a fair value equal to the compensation he incurred.
Public law restrictions; generally
Article 754- Restriction of the right to immovable property for the public benefit, especially to law enforcement services related to construction, fire, natural disasters and health; to place border signs and landmarks on forests and roads, on main and secondary roads on sea and lake shores; improvement of the soilcine or division, consolidation of agricultural land or building plots; Property restrictions on the protection of antiquities, natural beauties, landscapes, sightseeing spots and rare nature monuments, springs, hot springs, mineral and spring waters are subject to special law provisions.
Improvement of soil
Article 755- If improvement works such as correcting waterways, watering, drying marshes, road building, forestry, land consolidation can only be done with joint ventures of the respective owners, two-thirds of the owners must decide on this road if they have more than half of the land. Other owners must also comply with this decision. The decision taken is shown in the declarations column of the title deed.
Special law provisions regarding these matters are reserved.
Welding and groundwater; Property and easement rights
Article 756- Resources are an integral part of the land and their ownership can only be acquired with the ownership of their land.
The right on the resources found in someone else's land is established by registering the title deed as an easement right.
Groundwater is a public benefit water. Being a owner is not the result of being the owner of the underground water beneath it.
The provisions of special law on the manner and extent of utilization of ground water by the land owners are reserved.
Damage to resources; Compensation
Article 757- A person who harms the owner or the owner of the tenant by damaging or polluting the wells or wells that are watered or used for the purpose of benefiting from the excavation, construction or similar activities is obliged to remedy this loss.
If the damage is not intentionally or omitted, or if there is a defect, the judge appreciates the amount and type of compensation, if necessary.
Article 758- If the resources needed to sit, operate, or provide the drinking or potable water of a place are cut and contaminated, the source may be asked to be restored to the extent possible.
They may be asked to reinstate, but only if they justify special circumstances.
Sources fed from the same bed
Article 759- If the neighboring resources of different owners are fed from a common source, each of the owners may ask that these resources be kept together and that the water will be distributed to the beneficiaries in proportion to the benefit they have received until then.
Rights holders undertake the cost of the common facility as a benefit.
In the case of an objection, each of the beneficiaries can do the work necessary to keep the water in its source, even if the water in other sources will be reduced, and the amount of water coming to its source will be obliged to pay a price only if this work eventually grows.
Special law provisions and local custom
Article 760- It is subject to the provisions of the special law to ensure that neighbors and other persons benefit from water, water or animal irrigation or similar means from the source, wells or creeks in the land subject to private ownership. If there is no special provision, local customs apply.
Article 761- The house, which lacks the necessary water for its land or operation and cannot provide it without any overfill and expense, may request the construction of an easement which will enable the neighbor to buy water that is more than his need for a full price.
In the establishment of the required water easement, the interest of the source owner is considered first.
If the situation changes, it may be desirable to change or remove the established easement right.
Part Three – Movable Property Subject
Article 762- The subject of movable property is the natural powers which are suitable for acquiring with the material things that can be carried by their qualities and are not covered by the immovable property.
Acquiring; Transfer of property; Transfer of possession
Article 763 - The transfer of movable property requires the transfer of possession.
A person who inherits a movable property, with goodwill and ownership, is the owner of the property even if the owner is not entitled to transfer the ownership of the transferor according to the provisions of the possession.
Retention of ownership; generally
Article 764- The registration of the property of a property transferred to another person shall only be valid if the contract to be registered is registered in the private register of the assignee at the settlement notary public.
There is no contract for keeping the property in animal sales.
Sale in installments
Article 765- Anyone selling goods in installments may, on condition that they comply with the special provisions of this sale, request the return of the goods they sell, based on the contract of keeping the property.
Article 766- If a person who transports the property of a carriage maintains the possession of that thing on the basis of a special legal relationship, the property will be past without surrender. However, if the transaction is made to damage third parties or to avoid the rules of the pledge, the transfer of the property does not result.
The judge appreciates whether such a purpose is being pursued.
appropriation; Unclaimed things
Article 767- The owner of a derelict carer will be his owner.
Animals coming to derelict status
Article 768- The hounds of the game are kept free and the owners do not search for it without delay and without interruption and if they do not try to hold it again, they become unattended.
If domesticated animals become wild again and do not return to their owners, they become uninhabited.
The son of a bee does not become uninhabited by having flown to the real estate of another.
found item; Search and announcement
Article 769- If a person who finds something lost, does not know the owner or the owner, he has to inform the law enforcement officers, the chief in the villages, or make research and, if necessary, announce them.
If anything is found to be of considerable value, it must in any case report to the law enforcement agencies or the custodian.
The person who finds something in a residence, at work or in a public service place must deliver it to the owner of the place or to the tenant or the public in the place of public service.
Protection and sales
Article 770- What is found must be protected with care.
If the protection requires excessive expense or is perishable or stored by law enforcement or the public institution for more than a year, the found thing may be sold. Sales are made through auction by prior notice if necessary.
The sale price replaces what is found.
Acquisition of property, giving back
Article 771- If the owner of what is found does not appear within five years from the date of announcement of the notice or the police or the notification of the headman; he who has fulfilled his obligations shall acquire the property of that thing.
If it is returned to the owner, the person who finds it may require the payment of his expenses and an appropriate reward.
Loss has been found in a home, workplace or public service; the owner of the place, the tenant or the institution, is considered to have found that thing. However, they cannot ask for awards.
Article 772- Valuable things that have been buried or stored long before they were discovered, and that no longer have the owner, are deemed treasure.
Without prejudice to the provisions relating to the goods of scientific value, the treasurer shall be the owner of the immovable or movable property in which it is located.
Anyone who has found the treasure may request an appropriate reward not to exceed half its value.
Article 773- In the case of the existence of ancient artifacts with natural values ��and scientific values, special law provisions shall be applied.
Things that fall or drift
Article 774- Under the influence of water, wind, avalanches, or other natural forces, or upon whom the goods or animals are subject to domination, he shall have the rights and obligations of the person who finds the lost goods.
The son of the bee, who migrated to another's hive, has a hive owner without having to pay a price.
Article 775- If a person processes something or belongs to someone else, if the value of labor is greater than the value of that thing, then the new thing works, otherwise the owner will be.
If the functioning is not good, even if the value of labor is greater than the value of what is being processed, the judge may leave the new property to the owner.
Claims arising from compensation and unjust enrichment are reserved.
Confusion and merger
Article 776- If the movable property of more than one person is united or mixed with each other in such a way that they cannot be separated without significant damage or excessive labor and money, they will have ownership of the ownership on the new thing at the time of the merger or crosstalk of their own carriage.
If a movable mixes or merges with another movable so as to be its secondary integral part; The entire item belongs to the owner of the main item.
Claims arising from compensation and unjust enrichment are reserved.
Gaining time limit
Article 777- Anyone who carries someone else's movable property for five years without interruption and with goodwill in the capacity of property shall become the owner of such carriage through the statute of limitations.
If the possession is lost out of will, it will not be halted if the government takes over the goods within a year or regains it through a lawsuit.
The provisions of the Code of Obligations related to the statute of limitation shall be applied by means of comparison in calculating, stopping and stopping the time limitation period.
Article 778- Its movable ownership does not end with the loss of possession unless it is abandoned by the owner or won by someone else.
PART TWO – LIMITED RIGHTS IN REAL Part One – Easement Rights and Immovable Burden FIRST ALLOCATION – Ease of use in favor of the immovable property
Article 779- The easement right in favor of the immovable property is a burden placed in favor of another immovable on an immovable property.
The debts cannot be the subject of easement; it can only be connected as a side-man.
Establishment and termination; Establishing; Registration
Article 780- Registration of the title deed is essential for the establishment of the right of easement.
In the acquisition and registration of the right of easement, the provisions relating to the immovable property shall be applied unless otherwise provided.
The acquisition of the right to enjoyment through the statute of limitation is only possible in real estates that can be acquired in this way.
Article 781- The validity of the contract for the establishment of the right to reside depends on its formal arrangement.
Right of easement on your own property
Article 782- Malik can establish easement on one of the two properties belonging to him in favor of the other.
Article 783- The right to resign ends with the cancellation of the registration or the disappearance of the installed or benefiting immovable.
The same property of both real estate
Article 784- If the same person is the owner of the immovable properties that are loaded and benefiting, this person can abandon the right of easement.
As long as it is not abandoned, servitude continues to exist as a true right.
Article 785- If there is no benefit provided for this right, the owner of the immovable property may ask for the abandonment of this right.
A right of easement, which provides little benefit compared to its burden, may be required in whole or in part to be canceled.
Rulings; coverage; generally
Article 786- The entitlement holder may take the necessary measures to protect and use his right; however, he / she has to use his right to cause the least damage to the owner.
The owner of the immovable property of the immovable property shall not act in a manner that prevents or makes it difficult to use the right of easement.
According to the registration
Article 787- To the extent that it clearly determines the powers and obligations arising from the altitude, the registration is the basis for determining the scope of the easement.
In the event that the registration is not clearly understood, the scope shall be determined within the limits of the registration, the cause of the acquisition of easement or the manner in which it has been exercised for a long time.
Change of needs
Article 788- The changes in the needs of the real estate cannot aggravate the burden of the installed immovable.
Special law provisions and local custom
Article 789- The rights of parades, such as field road, pedestrian or car crossing, animal grazing, animal irrigation, rights to water and the right to water to the fields or arcs, and the provisions of the agreement or special law in determining the scope of such rights, or local customs shall apply.
Article 790- The maintenance of the facilities required for the exercise of the right of easement belongs to the owner of the immovable property.
If the facilities are useful to the owner of the installed immovable, they are included in their maintenance costs at the rate of both property benefits.
Amendments; Changing the location of the right of easement
Article 791- If the right of resignation is established only if a certain part of the installed immovable is used, the owner of the immovable property shall prove his / her interest and assume the expenses; easement may request the transfer of the right to another part of the immovable property in a way that does not make it difficult to use it.
Even if the place of use of the right of resignation is stated in the land registry, the installed immovable owner may use this power.
The rules of neighborhood law are also taken into account when transferring the channels from one place to another.
Division; Dividing the beneficiary
Article 792- In case the immovable property is divided into parcels, the rule is that the right of easement continues to the benefit of each parcel.
However, if the right of easement can be used for the benefit of a single parcel according to the circumstances and circumstances, the owner of the loaded property may request the withdrawal of easement right for the other parcels.
The land registry registrar shall inform the owner of this right of easement and shall abandon the right of easement in case he does not appeal within a month.
Dividing the installed immovable
Article 793- If the installed real estate is divided into parcels, the rule is that the easement right continues on each parcel.
However, if the right of easement is not used on certain parcels and if it cannot be used according to the situation and conditions, each of the owners of these parcels may request the abolition of easement right on their own immovable.
The land registry registrar shall inform the owner of this right of easement and shall abandon the right of easement in case he does not appeal within a month.
SECOND PART - THE RIGHT TO INVEST AND OTHER RIGHTS
Article 794- The right of usufruct may be established on movable property, immovable property, rights or property.
Unless otherwise arranged, this right provides the holder with full access to the subject.
Article 795- The right of usufruct is established by the transfer of the possession of the movables, the transfer of the receivable in the receivables and the registration of the land registry in the immovables.
In the acquisition and registration of usufruct rights in movable and immovables, provisions on property shall be applied unless otherwise arranged.
Even if the legal usufruct right on the immovable property is not registered in the land registry, it can be raised against those who know the situation. If it is registered, it can be argued against everyone.
Termination; Reasons for termination
Article 796- The right of usufruct, the complete disappearance of the subject and the abandonment of registration in real estates; the right of legal usufruct ends with the disappearance of the cause.
Other expiration reasons, such as expiration of the term or the renunciation or death of the right holder, authorize the property to request the release of property.
Article 797- The right of usufruct, the death of the rights holder in real persons; The expiry of the agreed period in legal entities shall end with the disappearance of the personality if the period has not been decided.
The usufruct of legal persons may continue for a maximum of one hundred years.
Wasting or expropriation
Article 798- Malik is not obliged to make use of the property of usufruct which is inevitable to be exploited; If it brings the right of usufruct is re-established.
In cases such as insurance and expropriation, the right of usufruct continues on the replacement of the subject of the right.
Give back; Obligation
Article 799- When the usufruct right is over, the right holder is obliged to return the goods subject to the right to the owner.
Article 800- The proprietor of the usufruct right is responsible for the destruction of the property or the reduction of its value unless it proves that the damage is not due to its fault.
The usufruct right holder is obliged to compensate what he consumes, although it is not necessary for his or her benefit.
The usufruct right holder is not responsible for the decrease in value arising from the normal use of the good.
Article 801- Usufruct right holder may demand compensation for expenses, renewals and additions that he does not have, although he is not obliged, in accordance with the provisions of the duty of attorney when the right is terminated.
In case the malik refuses to give compensation, the owner of the usufruct can remove the additions he makes, provided that he makes the item old.
Article 802- At the time of extradition, all claims that may be claimed by the owner and the owner of the usufruct right are prescribed for one year from this moment.
Provisions of usufruct; Usufruct rights; generally
Article 803- The owner of the usufruct right has the power to keep, manage, use and utilize the property which is the subject of the right.
The owner of the usufruct has the right to use such powers as a good manager.
Article 804- Natural products that mature within the period of usufruct rights belong to the owner of usufruct rights.
On the other hand, the owner of the right of cultivation or planting or the owner of usufruct, the maturing products, may ask for a suitable price for the expenses it does not exceed the value of the product.
The inherent parts of the product, which are not counted as natural product or product, belong to the owner.
Article 805- The interest and other periodic income of the capital subject to the right of usufruct belongs to the owner of the usufruct right until the expiry of the usufruct right, even if they are later than due.
Transfer of the exercise of the right
Article 806- If there is no contrary provision in the contract or if it is not understood that the right holder should be used personally by the rights holder, the use of usufruct may be transferred to another person.
In this case, the owner may claim his rights directly against the transferee.
Malikin rights; Surveillance
Article 807- Malik may object to the unlawful use of the goods which are the subject of the right or the use which does not conform to the quality.
Article 808- The proprietor who proves that his or her rights are in danger, may seek assurance from the beneficial owner.
The subject of the usufruct right may be consumed before the delivery without the need for proof of the risk.
Deposits of trustworthy documents are safe place.
Assurance in forgiveness
Article 809- Donations from the donor cannot be demanded in the donations made to keep the right of usufruct.
Results of non-assurance
Article 810- Usufructuar does not provide assurances within the time period granted to them, or if the owner of the right is subject to unlawful use despite the objection of the owner; the magistrate shall deposit the right of usufruct holder to a trustee who shall assign the subject of the right up to a new decision.
Article 811- The owner of the right of usufruct or the proprietor of the usufruct may at any time require the notary publicly retained the book of the rightful usufruct of the usufruct right to share the expenses.
Obligations of usufruct right holder; Protection of goods
Article 812- The beneficial owner is obliged to carry out the necessary repairs and renewals for the preservation and regular maintenance of the property subject to the right.
If the storage of the goods requires more important works or measures to be taken; the owner of the usufruct has the obligation to notify the property and allow them to be performed.
If the owner refuses to do the necessary work, then the owner of the usufruct can make these on his account.
Maintenance and operating costs
Article 813- The ordinary maintenance and operating expenses of the goods subject to usufruct right belong to the owner of the usufruct rights during the period of usufruct.
If the owner has paid the tax and the pictures, the owner of the usufruct has to indemnify them according to the above-mentioned basis.
All other obligations belong to the owner. However, if the owner of the usufruct has not provided the money to be paid by the owner on his / her request; The owner of the right of usufruct may partially or completely make money for the fulfillment of these obligations.
Interest of payable in the usufruct of assets
Article 814- In the usufruct of assets, the owner of usufruct is obliged to pay the interest of the debts in these assets. However, if the circumstances and conditions justify, the usufruct right holder may ask to be rescued from this obligation. In this case, the usufruct continues on the remaining portion of the debts.
Article 815- In case of good management according to local customs, the owner of usufruct is obliged to insure the property in favor of the owner against fire and other hazards.
In this case, or if the usufruct right has been established on an insured property, the beneficial owner shall pay the insurance premiums during the continuation of his right.
Special Conditions; immovables; Products
Article 816- A person who is entitled to usufruct on an immovable property is obliged to ensure that the utilization remains within the normal limits.
The products obtained by this measure belong to the owner.
Freedom of direction
Article 817- The owner of the usufruct cannot change the direction of economic right of the immovable property to the owner of the property. in particular it cannot transform it into a new form, nor can it make a significant change.
The owner of the usufruct can open stone, lime, marble and peat mines and so on with the condition that they give advance notice to the owner and not make any significant changes towards the economic exclusion of the property.
Article 818- A person who is entitled to usufruct on a forest can benefit from it within the framework of a business plan in accordance with the special provisions of the law.
The owner of the right of usufruct with Malik may request the observance of his rights while the business plan is being made.
If the usual utilization is significantly exceeded due to storm, snow, fire, flood, insect pest or other reasons, the forest will be operated in such a way as to reduce this loss gradually or the business plan will be adapted to the new situation. The price obtained due to over-exploitation shall be deposited in such a way as to bring interest and shall be allocated to recover the yield.
Consumables that are consumed and valued
Article 819- Ownership of consumable things passes to the beneficial owner, unless otherwise agreed; However, the beneficial owner is obliged to pay the current value of these things at the time of return.
The owner of the usufruct may freely save on other movables delivered to him by value, unless otherwise agreed; however, if he uses his authority, he is obliged to pay for the return of those valuated values. This payment can be carried out by supplying goods of the same type and quality in agricultural holdings, herds, commercial goods or the like.
assets; Coverage scope
Article 820- The right of usufruct on a receivable entitles it to obtain its return.
The request of the debtor to be made against the debtor and the savings on the negotiable documents must be made by the creditor and the beneficial owner and the debit by the debtor to repay the debt must be directed to both.
If the receivable is compromised, the creditor and the owner of the right of usufruct may ask each other to participate in the measures required by a good management.
Payment and operation
Article 821- The debtor who is not authorized to pay to the creditor and the owner of the usufruct has the obligation to pay both of his / her debt or to deposit it to the place determined by the judge.
The subject matter of the performance performed and, in particular, the principal money to be repaid shall be subject to usufruct.
A creditor or beneficial owner may require the principal to be deposited in a reliable and returnable place.
Right to request a transfer
Article 822- The owner of the usufruct may request the transfer of the receivable and valuable papers that are the subject of the right, within three months following the beginning of the usufruct.
The holder of the usufruct right shall be liable to pay the price of the receivable against the assignee in the amount of the receivable and the negotiable documents and shall be obliged to show a further assurance for such debt unless waived.
If it is not waived to seek security, the transfer shall be effective only after the assurance has been shown.
Right of residence; generally
Article 823- The right to residence authorizes the use of a building or part of it as a residence.
The right of residence is not transferable to others and does not pass to the heirs.
The provisions of usufruct rights shall also apply to the right of residence, unless otherwise provided by law.
Scope of residence
Article 824- The scope of the right of residence is generally determined according to the individual needs of the beneficiary.
The owner of the residence can sit in the building or in a section with his / her family and the household, unless the right of the residence is clearly stated.
A person who has the right to live on a part of the building can also benefit from places that are intended to be used jointly.
Article 825- The right to sit, if the building or part of the entire authority to benefit; repair and renewal expenses for the maintenance and normal maintenance of the building or section belong to the owner.
If the owner of the residence uses the building or a part of it with the owner, the maintenance and repair costs will be paid by the owner.
Top right; Registration to the subject and land registry
Article 826- An immovable property owner may establish a right of easement in favor of a third person, which entitles it to build or maintain an existing structure above or below its land.
This right may be transferred and passed to heirs unless otherwise agreed.
If the right of right is independent and continuous, it can be registered as an immovable in the title deed upon the request of the right holder. The right to be established for at least thirty years is permanent.
Content and scope
Article 827- The contract records relating to the content and scope of the right to the upper limit, in particular the position, the form, the nature, the size, the purpose of the assignment and the use of the non-construction area are binding on everyone.
Consequences of termination; Ownership of property
Article 828- When the right to upper right ends, the buildings remain land ownership and become an integral part of the land.
If the independent and permanent right of the title is registered as an immovable property in the title deed, this page is closed when the right to upper right is terminated. All rights, restrictions and obligations on the right of the parent, which are registered as immovable, terminate with the closing of the page. Provisions regarding the price are reserved.
Article 829- The immovable owner shall not pay a price to the entitlement holder for the remaining structures unless otherwise agreed. If it is decided to pay an appropriate price, the amount and the form of calculation are determined. The price determined to be paid constitutes the assurance of the outstanding claims of creditors who have been pledged for their right to the right and shall not be paid to the right holder without their consent.
If the agreed price is not paid or secured, the creditor may be entitled to the registration of a mortgage at the same degree and order, rather than the upper right of the entitlement, the security of which the entitlement holder or the creditor entitled to this right is taken as security.
This mortgage shall be registered within three months of the expiry of the right of expiry.
Article 830- The amount of the price determined to be paid to the owner of the immovable property and the manner in which it is determined to be paid, and the agreements regarding the abolition of this amount and the initialization of the land shall be subject to the official form required for the establishment of the right of establishment and annotation may be given to the title deed.
Prompt before cycle; Terms & conditions
Article 831- If the holder of the right of right is severely exceeds the limits of their right to do so, or if it violates their contractual obligations substantially; The owner may demand the transfer of all rights and obligations due to the right of upholding.
Using the right
Article 832- Malik may demand the transfer of the right to the upper right provided that he has to pay a suitable price for the buildings that will be transferred to him. The defect of the right holder may be considered as a reason for the determination of the price.
The transfer of the right to the right of the upper right depends on the payment or the guarantee of the price.
Article 833- In case of breach of the obligations of the right holder, the power to terminate the right of the right before the term or to be reserved in favor of the owner in the contract shall be subject to the provisions of the transfer request before its term.
The assurance of the right to the right; The right to request mortgage
Article 834- Malik may request mortgages to be registered as immovable to the title deed for a maximum of three years' period from the owner of the upper right of that date in order to secure the proceeds borrowed in return for the right of right.
Irat is not determined in the form of equal actions for each year; the registration of this statutory mortgage may be required for the amount to which it will fall to three years in equal distribution of the will.
Article 835- The mortgage may be registered at any time as long as the right to the upper right is maintained and shall not be abandoned on sale by execution.
Provisions relating to the establishment of mortgage mortgages are applied by comparison.
Upper limit of time
Article 836- The right can be established for a maximum of one hundred years as an independent right.
The entitlement right can always be extended for a new period of up to a hundred years following the three-quarters of the period of time. The commitment made in this regard is not binding.
Article 837- The right of easement over the source in the land of someone else obliges the owner of this land to bear the water and the discharge.
This right may be transferred to another person, unless otherwise agreed.
If the right to source is independent and it has been established for at least thirty years, it can be registered as immovable.
Other easement rights
Article 838- Malik may also establish other easement rights to serve a specific benefit, such as shot training or use as a sport field or gateway in favor of any person or community on the property.
These rights, unless otherwise agreed, are non-transferable and do not pass to the heirs. The scope of these rights shall be determined according to the ordinary needs of the beneficiary.
Provisions relating to easements in favor of the immovable property shall also apply to such easement rights.
THIRD PARTY - IMMOVABLE LOAD
Article 839- The immovable burden obliges the owner of an immovable property to give or to give something to another person to be responsible for that immovable.
As a rightful owner, the owner of another property may also be shown.
Without prejudice to the immovable burdens on public bill and public law, the subject of the immovable burden may only be a performance that meets the economic needs of the immovable that is derived from the economic nature of the immovable property.
Establishment and termination; Establishing; Registration and winning
Article 840- Registration of the land registry is essential for the establishment of the real estate.
The amount of the immovable burden is determined by the Turkish Lira or foreign currency. The amount to be shown in the record in the periodic acts is twenty times the annual performance, unless otherwise agreed.
On the contrary, if there is no provision, the provisions concerning the real estate ownership shall be applied in the acquisition and registration of the immovable burden.
Immovable burden on public law
Article 841- If there is no provision, it is not necessary to register the immovable burden of public law on land registry.
In cases where the law only authorizes the creditor to authorize the realization of the immovable burden, the immovable burden arises only by registration.
Establishment for assurance
Article 842- Provisions regarding the immovable burden established in order to secure a money receivable shall be applied.
its termination; generally
Article 843- The immovable burden terminates upon the cancellation of the registration or complete destruction of the immovable property.
The waiver, load recovery and other reasons for termination give the authorized immovable owner the right to request the release of the right holder.
Load Recovery; Authorization of the creditor
Article 844- The creditor may request that the contractor be relieved of the burden, if the contract is authorized or if:
If the immovable property is divided in such a way as to significantly compromise the rights of the creditor; If Malik lowers the value of the installed immovable and does not provide any other assurance; If Malik didn't perform the actions of three years in a row. Authorized authority
Article 845 - It may require that the immovable be relieved of the burden if it is obliged, contracted, or in the following cases:
If the creditor does not comply with the contract establishing the immovable burden; If it has been over thirty years from the date of installation, even if it has not been purchased or has been established for more than thirty years. After thirty years have elapsed, the borrower can use the purchasing power and it depends on the creditor to inform it.
If the relocation was established in an unfavorable manner in favor of the immovable, it would not be desirable to liberate the loaded immovable from this burden.
Load recovery cost
Article 846- With the right to prove that the actual value is lower, the recovery from the load is carried out as the value of the immovable load in the amount shown in the land registry.
Article 847- The immovable load is not subject to time limit.
The actual acts are subject to the statute of limitations starting from the date of the debtor's personal debt.
Rulings; The nature of the creditor's right
Article 848- The immovable burden does not entitle the creditor to any personal claim against the debtor; it only authorizes to obtain the receivable from the value of the installed immovable.
Each act becomes a personal debt after three years from the due date and the immovable is no longer the guarantee of this debt.
Nature of the load
Article 849- If the real estate owner changes, the new owner shall be liable for the immovable burden without any further processing.
The provisions regarding the effect of the dividend on the immovable burden of the installed real estate shall apply.
Article 495- The first-order heirs of the inheritance are his descendants.
Children are equally heirs.
Children who have died before the inheritance are replaced by their altars through succession at all levels.
Mother and father
Article 496- The heirs of the inheritance, which does not have an altsoyu, are his parents. They are equally heirs.
The place of the mother and father who died before the inheritance, each level of succession is taken by their subsoyleri.
If no heiress is found on one side, the entire heritage remains to the heirs on the other side.
great mother and grandfather
Article 497- They are the heirs of the mother, the father and the father, and the inheritors of the inheritance that do not have any of them. They are equally heirs.
He takes the places of the great masters and grandfathers who have died before the inheritance, and their rankings by succession.
If one of the great parents and grandparents by the mother or father has died before the subspecies are inherited, then the share that falls on him is left to the heirs of the same side.
If both the grandparents' grandparents and their grandparents died before the moment of their descent without their descendants, the entire inheritance remains to the heirs on the other side.
If the surviving spouse has died before the legacy of one of the great fathers and grandfathers; if he does not have children, then he will have the great father and mother; if both the grandparents on one side and the grandfather were both dead, their shares would go to the other side.
Article 498- Born outside of marriage, and established by the provision of paternity, recognition or judge, they become heirs, such as paternal relatives.
Article 499- The surviving spouse becomes heir at the following rates:
If the inheritor is the heir with the altsoyu, a quarter of the inheritance, If the inheritance becomes an inheritor together with the mother and father groups, half of the inheritance, If the inheritor is the heir, together with their grandparents and their children, three-quarters of the inheritance, if not, the entire legacy remains. Foster child
Article 500- The adoptive and the lower, the adopter of the blood as the heir as the heir. The inheritance of sonship continues in his own family.
The adopters and their relatives, they will not become heirs.
Article 501- The inheritance of the deceased without the heir to the State.
Part Two – Mortality Savings FIRST DISCRIMINATION – SAVING LICENSE
driving license; in testament
Article 502- To be able to make a will has the power to distinguish between the age of fifteen and must be filled.
In the heritage contract
Article 503- In order to be able to make an inheritance agreement, it is necessary to have the power to distinguish and be adult, not to be limited.
Article 504- Inheritance, deceit, fright or force, the effect of death due to death is invalid. However, if the inheritance does not return from the savings within a year, starting from the day when the inheritor finds out that he has been mistaken for or that he has been deceived or that he is freed from intimidation or coercion, then the savings are considered valid.
If the true desire of the inheritance is clearly determined in the event of a mistake or error in the indication of the person or something in the death tied to death, the saving is corrected according to this desire.
SECOND PART - SAVE THE FREEDOM
Saving section; coverage
Article 505- As an heir, he may make savings in the death dependent part of his inheritance, which leaves his inheritance with his mother or father or his spouse.
If none of these heirs are available, the inheritance can save on the entire heritage.
Article 506- The hidden share consists of the following rates:
Half of the legal legacy for Altsoy, One fourth of the share of legal inheritance for each of the mother and father, (This paragraph has been removed.) For the surviving spouse, in the case of an heir or ancestor with the parent and father group, the entire share of the legal heritage, in other cases, three-quarters of the share of legal inheritance. Calculation of the saveable portion; Reduction of debts
Article 507- The saving can be calculated according to the condition of the date of death of the landowner.
When making the calculation, the debts of the inheritance, the funeral expenses, the stamping and writing expenses of the estate, the three months living expenses of those who live with the inheritance and who are taken care of by him / her are deducted from the stock.
Free interracial wins
Article 508- The right to earn the right of the legacy, to the extent that they are subject to criticism, the savings can be added to the account in the account of the portion.
Article 509- In the event that the pensioner makes a life insurance contract in favor of the third party to be paid in his / her death or to assign such a person as the beneficiary or to transfer the right to the insurer against the third party with the inter-life or death-related savings, the purchase value of the insurance receivable shall be added to the estate at the time of the death of the inheritance. .
Article 510- In the following cases, the inheritance can be deducted from the inheritance of its inherited heir, with a death-dependent saving:
If the heir has committed a grave offense against one of the relatives of the inheritance or inheritance, The heir does not fulfill the obligations of family law against the members of the family of the inheritance or the inheritance. Rulings
Article 511- As a result of inheritance from the inheritance, nobody can get a share; tenkis case can not open.
The inheritance share of the person inherited from the inheritance remains as if he or she had died before the inheritance, and if any, the inheritance of the inheritance of the inheritance of the inheritance.
The person who is removed from inheritance may ask for the hidden part as if he had died before the moment he left.
Burden of proof
Article 512- Exemption from the inheritance, the inheritance, but the relevant savings is valid if the reason stated.
If the person removed from the inheritance objected, the existence of the stated cause, the beneficiary who benefited from the inheritor or will will fall to the creditor.
If the existence of the cause cannot be proven or the reason for the removal is not stated in the savings, the savings shall be fulfilled except for the heiress's share; however, if the inheritance is due to a clear error of the cause of the deduction, the removal will be invalid.
Removing from inheritance due to the inability to pay debt
Article 513- The inheritance can subtract from the inheritance for half of the stake share, which is incapable of paying indebtedness. However, it is essential that this half is derived from the inheritance of children born and born.
If the indemnity without paying the debt when the heritage is opened, or the amount of the debt covered by the certificate does not exceed half of the inheritance share of the inheritance, the removal from the inheritance is canceled.
THIRD PARTY - DEATH SAVED SAVINGS TYPES
Article 514- The inheritance can be saved within the boundaries of the freedom of savings, in all or part of its assets by means of a will or legacy contract.
On the other hand, the part of the inheritance that does not save on the legacy remains to its legal heirs.
Conditions and downloads
Article 515- The inheritor can connect his death-related savings to conditions or shipments. From the moment when it gives rise to the provisions and results of savings, it may request the fulfillment of each relevant condition or installation.
Conditions and downloads contrary to law or morality invalidate their savings.
Conditions and uploads that are meaningless or only irritating others are ignored.
Assign the heir
Article 516- The inheritor may appoint one or more persons to inherit for the whole or a certain proportion of his / her inheritance.
Every saving, including a person taking the entire inheritance or a certain proportion, is considered the appointment of heir.
Clearing certain property; Subject
Article 517- The inheritance can make a person gain a certain amount of property by leaving him no heir.
Leaving certain property may be aimed at giving a person the right of usufruct on the ownership of a property or the whole or part of the estate by means of death disposition; It may also be through the fulfillment of an act in favor of a person, the binding of a will or the release of a person from a debt, by imposing on the heirs or certain property left.
Unless certain goods are left in the land, those who are obliged to fulfill the death savings are liberated unless the savings are otherwise understood.
Article 518- Certain given goods are delivered with the status of the inheritance; benefit and damage, the opening of the inheritance is given to him at the time of certain goods.
The person who is obliged to fulfill the savings shall have the rights and liabilities of the employee without a proxy due to the expenditures he made on the certain property left after the opening of the inheritance and the damages he caused to the property.
Relationship with Tereke
Article 519- Tereke may be asked to give the available or saving to the obligor or the proportionality of the savings that have damaged the share.
Savings will remain in force even if the person who is obliged to fulfill the savings has refused to inherit the inheritance or left to him, or even if he was dead or deprived of his inheritance; The obligation to fulfill passes to the beneficiaries of these situations.
A legal or designated heir may even request a saving in favor, even if the inheritance is rejected.
Assigning a backup heir
Article 520- Inheritance may appoint one or more persons as substitute heirs to replace him in case he dies or denies the inheritor.
This rule also applies to the release of certain goods.
Artmirasian assignment; determination
Article 521- He can make the person assigned by the pre -miryrasser with the death dependent on his death to the artmirasher.
The same obligation cannot be imposed on artmiras.
These rules apply to the release of certain goods.
Transition to Artmiras
Article 522- If the moment of transition is not specified in the savings, the inheritance passes to the artmirasist with the death of the pre-dossier.
If a moment of transition is shown in the savings, the inheritance is delivered to the heirs of the pre-dossier provided that they show no guarantee.
When there is no possibility for the inheritance of the inheritance to artmirascians, the inheritance is given to the pre-capitalist; if the predecessor is dead, his heirs remain certain.
Article 523- The book of the inheritance of the inheritance was kept by the peace court.
The inheritance of the inheritance to the pre-vigilant depends on his assurance, unless the inheritance is clearly immune. In the case of immovable property, this assurance can be provided by issuing annotations to the title deed if the title deed is considered sufficient.
If the prejudice does not guarantee or endanger the expected rights of the artmirist, it is decided to formally manage the inheritance.
Rulings; About Onmirasci
Article 524- The pre-inheritor wins like heirs appointed inheritance.
The pre-inheritor has the obligation to transfer the heritage to the artmirist.
Article 525- Artmirasci wins if the legacy is right at the moment of transition.
If the Artmirascian died before the time of transition, the inheritance remains to the pre-vigilant unless otherwise stated in the savings.
If the inheritance of the pre-inheritance is not right or is deprived of the inheritance or refuses the inheritance, the inheritance passes to the artmirist.
Article 526- The inheritance can establish a foundation by verifying all or part of the savingsable portion of its land.
The Foundation shall acquire legal personality only if the provisions of the law are observed.
Inheritance contracts; Positive Heritage Contract
Article 527- The inheritance contract may be subject to the obligation to leave its inheritance or certain property to the person or third party to whom it has contracted.
Inheritance can save freely in the same way as before; however, death-related savings or donations which are incompatible with their obligations under the inheritance agreement may be challenged.
The waiver of the inheritance agreement; coverage
Article 528 - Inheritance may make a waiver of inheritance with a heir or with a provision.
The waiver loses the title of inheritance.
The waiver of the inheritance by providing a response also results in the waiver's subset unless otherwise specified in the contract.
Article 529- If the waiver contract is made in favor of a certain person and the person cannot be an heir for any reason, the waiver shall be deducted from the provision.
If the waiver contract is not made in favor of a certain person, the closest common root is considered to be in favor of the subcontractor and if they cannot be an heir for any reason, the waiver is again deducted from the provision.
Tereke creditors' rights
Article 530- In the event of the opening of the inheritance, if the customer is unable to pay the debts and the debts are not paid by the heirs, the waiver and his heirs shall be liable to the waiver of the inheritance of the inheritance to the waiver of the creditors against the creditors at the time of the opening of the inheritance.
FOURTH - DEATH SAVED SAVINGS SHAPES
Vasiyet; shapes; generally
Article 531- The will can be done by hand or by hand.
Official Testament; Regulating
Article 532 - The official will is arranged by the official officer with the participation of two witnesses.
The official may be a magistrate, a notary or another official who has been authorized by law.
Article 533 - The inheritance shall notify the official to the official. The officer then writes the will or writes the will and gives the inheritance to read it.
The will is read and signed by the inheritance.
The officer signs the will with the date and signs it.
Participation of witnesses
Article 534 - Immediately after the date and signature of the will, the inheritance declares the will to the two witnesses in the presence of the officer that he read the will and that it contains his last wishes.
Witnesses sign that the statement was made in front of them and that they saw the inheritance of the inheritance of the inheritance.
The content of the will is not required to be communicated to witnesses.
Edit without being read and signed by Mirasbırakan
Article 535- If he / she cannot read or sign the will from the inheritance, the officer shall read the will in front of two witnesses and declare that it contains the last wishes of the will that gives him inheritance.
In this case, the witnesses stated that the declaration of the inheritance was made in front of them and considered him competent in saving; they sign and sign it to the will or to the will that both the will is read by the officer in front of them and declared to be the last wishes of the will.
Prohibition to participate in regulation
Article 536- Those who do not have the capacity to act, a criminal court, the decision of the public service, non-literate, illiterate, the wife of the grandfather, superego and her parents, siblings and their spouses, the official will be unable to participate in the regulation of the will as a civil servant or witness.
Officials and witnesses participating in the organization of the official will, the upper and lower blood of their relatives, siblings and their spouses can not be made by the testament.
Storage of will
Article 537- The official who regulates the official will is obliged to keep the will of the will.
Hand written testament
Article 538- The handwritten testament must be handwritten and signed from the beginning to the end, showing the year, month and day of the will.
Hand written testament may be left to the notary, the magistrate or the authorized officer to be kept open or closed for storage.
Verbal testament; Explaining last wishes
Article 539- Mirasbırak that; If he / she cannot make official or written written testament because of the emergency situations such as near death, disruption of transportation, disease and war, he / he may apply verbal will.
In order to do this, he leaves his last desires to two witnesses and imposes on them the task of writing or writing a will in accordance with his statement.
The prohibition on witnesses, except in the case of literacy in the official will, also applies to witnesses in verbal will.
Article 540- One of the witnesses assigned by Mirasbırakan immediately writes, declares the last desires, place, year, month and day declared to them and signs this document and signs the other witness. They pass the written document to a magistrate or first instance without spending any time together and declare to the judge that they are qualified to make a will and give him his last wishes in a state of emergency.
Witnesses can pass the last wishes of the inheritance to a record by referring to the court without spending any time before, instead of applying to the court.
A lieutenant or a higher-ranking officer, if the applicant is in the military service; If the vehicle is located in a transport vehicle outside the borders of the country, the responsible manager of that vehicle; If the health institutions are treated, the most competent manager of the health institution replaces.
Article 541- If there is the possibility to make a will in the other way for the inheritance, then the verdict will fall from the verdict.
Return from will; With a new testament
Article 542- The inheritor may return from the previous testament by making a new will, in accordance with one of the forms prescribed by law for the will.
May be returned from all or part of the will.
Article 543- The inheritance can also be returned by the will.
The will which is destroyed by the accident or by the third person's fault and whose content is not possible to be determined completely and completely is void. We reserve the right to ask for compensation.
Article 544- If the inheritor makes a new testament without eliminating his previous will, he will replace it with the next will, without doubt.
The deprivation of a certain property shall also be terminated unless otherwise stated in the will, the inheritance shall be subsequently disposed on that property by any other saving which is incompatible with that will.
Inheritance contract; shape
Article 545- In order for the legacy contract to be valid, it must be arranged as an official will.
The parties to the contract shall communicate their wishes to the official officer at the same time and sign the contract in front of the officer and two witnesses.
Elimination; in Sağlarara; By contract or testament
Article 546- The contract of inheritance may be eliminated at any time by written agreement of the parties.
If it is found out that the person who is appointed as an heir with the inheritance agreement or who is left to certain property, behaves as a reason to be removed from the inheritance after the inheritance agreement is made against the inheritor; inheritance can unilaterally abolish the inheritance contract.
Unilateral removal is done in one of the forms prescribed by law for wills.
Through the contract
Article 547- In accordance with the inheritance agreement, the party that has the right to demand the right of intercourse may return from the contract in accordance with the rules of obligations law if these acts are not fulfilled or secured in accordance with the contract.
Don't die before the moment
Article 548- The inheritance contract is automatically terminated if the heir appointed or the person to whom he was given certain property is not present in the death of the inheritor.
The heirs of the deceased before the inheritance, unless otherwise agreed, may request back from the death toll from the death savings to the enrichment at the date of death obtained under the inheritance contract.
Narrowing of the saving part
Article 549- Death-related gains made by an inheritance contract or a will are not null and void due to the subsequent narrowing of the portion of the inheritance that can be saved; can only be criticized.
FIVE - IMPLEMENTATION OFFICER
appointment; Assignment and driving license
Article 550- The inheritor may appoint one or more willers with the will.
The duty-taker must have a verbal capacity at the time of his appointment.
This duty shall be notified by the magistrate of the will to the fulfillment officer; the notification shall be deemed to have been accepted if the judge not be notified within fifteen days of the notification date.
The will may require an appropriate fee for the service of the fulfillment officer.
Multiple testament staff
Article 551- If more than one will be assigned, the executives shall carry out the task together, unless otherwise agreed upon by the savings or the nature of the work.
If one of them does not accept or cannot accept the task, or if for any reason the task is terminated, others will continue to function unless the discretion of the inheritance is otherwise understood.
Even if more than one testator is appointed to act together, each of them can take the necessary actions in a hurry.
Duties and powers; generally
Article 552- Unless the beneficiary has foreseen otherwise in his possession or given a limited duty, the will of the performer shall be assigned and authorized to perform all the procedures necessary for the fulfillment of the last wishes of the inheritance.
The fulfillment officer of the will, in particular;
After the start of the task without delay, the goods, rights and debts regulates the list. If possible, heirs are available when editing the list. He directs the trade and demands the transfer of the possessions to the extent that the management requires. Tereke collects his receivables, pays his debts. It fulfills the wills. Prepare the plan for the sharing of Tereken. Represents the inheritance partnership in the case of Tereke. He can participate as a civil servant in the cases brought by heirs. It shall inform the heirs with the lawsuits filed or opened against him. Save on Tereke goods
Article 553- Unless the offender has committed himself, the transfer of the goods, including the landowner, by the landlord, or the establishment of limited real rights on them depends on the authorization of the magistrate. The judge shall decide after hearing the heirs if there is an opportunity. There is no need to obtain authorization for savings to meet the usual costs.
Termination of the mission
Article 554- The duty of the fulfillment officer shall terminate spontaneously if there is a reason that invalidates his death or his appointment.
The duty-taker may leave the post with a statement to the peace judge. The task cannot be left in an improper time.
Article 555- The duty-taker shall be subject to the control of the magistrate in the performance of his / her duty.
The judge takes the necessary measures upon complaint or ex officio.
If the offender is insufficient, misconduct, or gross negligence is detected, the peace judge shall be terminated. Against this decision can be appealed to the court of first instance within fifteen days. The decision on the objection is final.
Article 556- The duty-taker shall be obliged to exercise due diligence; is responsible as a proxy against those concerned.
SIXTH PART - DEATH SAVED SAVINGS CANCELLATION
Article 557- The following can be sued for the cancellation of a death-related saving:
If the savings are made at a time when the savings permit is not available, If it is a result of saving and error, deception, intimidation or coercion, If the contents of the savings, the conditions to which they are linked or the charges are contrary to law or morality, Savings are made without complying with the prescribed figures in the law. The right to the case
Article 558- Cancellation proceedings can be opened by the heir or testator who has an interest in canceling the savings.
The case may relate to the cancellation of all or part of the death savings.
If the cancellation case is based on the injury caused by participation in the savings of those who are given to their spouses or their relatives, with death-related savings, only these gains will be canceled, not the entire savings.
Article 559- The right to file a cancellation is reduced by ten years from the date of the inheritance date to the other defendants, to ten years against the non-benevolent defendants, from the date of the inheritance date in other savings, starting from the date on which the claimant is saving, the reason for the cancellation and the date on which he is entitled.
Invalidity can always be asserted by way of defense.
Tenkis case; Terms & conditions; generally
Article 560- The heirs who cannot get the return of their shares, can sue the criticism of their savings exceeding the portion that can be saved.
Regarding the share of legal heirs, the rules in the savings shall be deemed to be the only rules of allocation, unless it is understood from the savings that the desire of the inheritance is otherwise.
Savings in favor of heirs with hidden shares
Article 561- The part of the savings which exceeds the saving portion of the savings which are made with the savings of the savings to the owners of the shareholders shall be subject to proportional criticism. In the event that there are savings related to more than one death subject to criticism, the amount of the share made by the shareholder who is the shareholder of the stockholder who is the shareholder of the shareholder and the persons who are not the shareholders of the shareholder are criticized proportionally.
The rights of the inheritor's creditors
Article 562- If the heir, exceeding the portion of the savings, the owner of the bankruptcy case, the bankruptcy case or the bankruptcy case of the bankruptcy of the bankruptcy in the case of the bankruptcy of the bankruptcy in the hands of the creditors in the event that they do not open the case, the bankruptcy case does not open the bankruptcy, or the creditors, the amount required to obtain the receivables and the heir they can open a case of tenkis.
The bankruptcy administration or the creditors may also initiate a lawsuit with the same conditions if they do not object to the deduction savings.
Article 563- Tenkis, proportional to the wishes of the inheritance of the inheritance of the other is understood in terms of savings, through the appointment of an heir or other death-related savings are made in proportion to all of the gains.
If the person who earns with the savings of death is obliged to fulfill some wills, in case that the gain is subject to criticism, this person can ask that the testament debts be criticized at the same rate unless it is understood from the savings that the desire of the inheritance is otherwise.
Article 564- Without a reduction in the value of a certain commodity that is not possible to be subject to the test will be subject to the testament, the testor will pay the value of the required part of the goods, if desired, the value of the money that can be saved, if desired, may request the money.
In case the property subject to the saving remains in the test taker, it is decided that the value of the part of the saving which is to be given to the test taker due to criticism, otherwise in the saving rate, is paid in money.
These rules are also applied to the critique of inter-entanglement.
Interference; Terms of submission
Article 565- The following unrequited winnings are subject to criticism such as death-related savings:
Gains made by the legator as a deduction for the share of inheritance to the legal heir who lost his title of heir, gains made by transferring assets to his descendants or recovering from debt provided that it is not returned, or dowry and foundation capital given out of the ordinary, Gains made for the purpose of liquidation of inheritance rights before death, The donations made by the inheritance except the gifts given in the same year, It is clear that the winnings are made in order to render the rules of the hidden share ineffective. Repayment debt
Article 566- If anyone who has been given a reverberation is good, he / she is only obliged to give back the remainder of the inheritance; If it is not in good faith, it is responsible according to the provisions regarding non-repayment zilyedin return debt.
Anyone who is subject to a courtesy obtained by the contract of inheritance may request that he be given back the inheritance amount for this win.
Article 567- In cases where the legator makes life insurance in favor of the third party to be paid at his/her own death, or identifies such a person as beneficiary later, or transfers the right of claim against the insurer to a third party without compensation through interpersonal or testamentary disposition, the purchase value of the insurance receivable at the time of the decedent's death is subject to criticism.
In terms of usufruct or irat
Article 568- If the inheritor gives the usufruct right or the debt of the employee and his / her tenure exceeding the savingsable portion, if they are converted to the capital according to the estimated continuation periods, their heirs may ask for the removal of this obligation by giving the right or saving portion of usufruct right or debt.
In terms of artmirasci
Article 569- The heir who is subject to the obligation to pass the inheritance to the artmirasian may request the criticism of the exceeding part.
row in tennis
Article 570- Tenkis, from the death-related savings, until the reserved share is completed; if this is not enough, the most recent history is made from inter-entrenched recoveries to go back to the oldest.
Death-related savings and inter-life savings in public legal entities and publicly-held associations and foundations are most recently criticized.
Article 571- The right to open a Tenkis case falls from ten years after the date of the opening of the testament for a year and in any case, starting from the date when the heirs of the heirs are learned.
If the cancellation of a saving enters into force of the previous one, the periods shall commence on the date of cancellation.
The claim of Tenkis can always be claimed through def.
SEVENTH PART - HERITAGE AGREEMENT NATURAL CASES
Inheritance in the health of the goods
Article 572- If the inheritor assigns all his or her property to the heir appointed by his / her inheritance contract, he / she may request to hold the official book.
If the inheritor has not handed over all of his assets, or after transferring all new goods; the inheritance contract covers only the goods that have been transferred to health, unless they contain a rule.
If there is no other rule in the inheritance contract, in case the inheritance transfer the assets in the health of the inheritance, the rights and debts arising from the inheritance contract pass to the heirs of the assigned heir.
In case of waiver of inheritance; tenkism
Article 573- Inheritance, inheritance of the inheritance to the heir, in the health of the share of surety in the health of the act has been found; other heirs may demand criticism. In this case, the amount of the waiver exceeding the mere share of the waiver is subject to criticism.
The deduction of the values ��of the acts is done according to the rules of equalization to the inheritance.
Article 574- If the waiver is obliged to return a property or other value to the Terek due to criticism; if he wishes, he will return the value subject to criticism, and if he wishes, he will participate in sharing as if he had not given up back to the estate by giving back all of what he had received.
🔒 PART TWO – LEGACY OF HERITAGE Part One – Opening the Legacy Opening and evaluation moment
Article 575- Inheritance opens with the death of the inheritance. The winnings and the shares related to the inheritance in the health of the inheritance will be evaluated according to the state of the estate at the time of death.
Place of opening and competent court
Article 576- Inheritance opens for the entire property of the inheritance.
The cancellation or criticism of the savings of the inheritance, the distribution of the inheritance and the claims of inheritance due to inheritance are seen in this settlement court.
Provisions of opening; Mirasa driving license; Right to license
Article 577- According to this Law, everyone may be an heir but not a heir.
A community without a legal personality is acquired for a specific purpose, provided that the persons within that community have achieved this aim, determined by the inheritance; if it is not possible to realize the purpose in this way, the granting will be considered as foundation.
Lack of inheritance; Causes
Article 578- The people below may not be heirs; they cannot acquire any right with death savings:
Who intentionally or unlawfully killed or attempted to kill, Those who have made the rightful and unlawful deaths in a way that cannot make any savings due to death The ones who prevent and prevent the death of the inheritance from death or return from such savings, Those who deliberately and unlawfully eliminate or disrupt a death-related saving in a situation and time when the inheritance can no longer be rebuilt. The deprivation of the inheritance is eliminated with the forgiveness of the inheritance.
Article 579- Lack of inheritance affects only the deprived.
The person who died before the inheritance, the heir of the deceased before the inheritance becomes the heir.
Being alive; As heir
Article 580- In order to be heirs, it is imperative to be alive as a legacy to the legacy at the time of the death of the inheritance.
If the heir who was born right after the inheritance was opened, his right to inheritance was left to his heirs.
In the will of the will
Article 581- In order to be a creditor, it is imperative to be alive as a legacy to the inheritance.
If the creditor of the will died before the inheritance, the obligation to fulfill the will disappears for the benefit of the testator, unless otherwise understood from the disposition.
Article 582- Cenin becomes the heir on the condition of being born alive.
A dead child cannot be an heir.
Child born in the future
Article 583- A person who has not yet existed at the moment of the opening of the inheritance can be left to be an artmirist or articulate creditor.
If he was not appointed by Mirasbırakan, the legal heir is deemed to be a preliminary ruler.
disappearance; Legacy of Gaib; Delivery in return for assurance
Article 584- Persons who are entitled to inheritance or inheritance of a person who has been declared guilty must give assurances that they will return those goods to the superior rights holders who may appear in the future before they are delivered to them.
This guarantee is shown for a period of five years in the event of a loss in the danger of death, a period of fifteen years without notice in the event of a long period of time and, in any case, the period until the date of arrival of the maximum of one hundred years.
Five years, from the delivery of goods; fifteen years, calculated from the latest news date.
Article 585- Those who claim that Gaip or the ones claiming to have superior rights can prove their adjectives. Those who have received the goods are obliged to return the goods according to the rules of possession.
The obligations of good people to give back to the superior right holders are subject to the statute of limitation for the cause of the retirement due to inheritance.
Gaibe falling heritage
Article 586- The inheritance share of the heir who is not in the middle and cannot be proved to be right at the moment when the heritage is opened is officially managed.
In the absence of those who are not in the moment when the inheritance is opened, those who will be left to their share of inheritance may demand the decision of that person to be determined and the share of the inheritance to them by adhering to the periods and procedures related to the law.
The delivery of the share of inheritance is subject to the rules for the delivery of the inheritance of the person whose decision has been decided.
Being both an inheritor and an inheritor
Article 587- If the inheritors of Gaib have received an inheritance after receiving the goods, the inheritance of the inheritance will be left to them due to the inheritance, and they may request the delivery of this inheritance without having to take a verdict.
The inheritance of the gaib may also be based on the gaipity decision of those who surrendered the inheritance.
Prompt of the Treasury
Article 588- If a person's right to the right or the inheritance of a person unknown is ruled for a decade, or if the assets of the ruler is to be over a hundred years old, then it is decided upon the request of the Treasury.
If there is no right holder in the period of notice required to make a decision, the legacy of the gaib shall pass to the State unless otherwise stated.
The State is obliged to give back to the gaibe or to the superior right holders, just as those who surrender the legacy of the gaib.
Part Two – Consequences of Passing Legacy FIRST DECEMBER - PROTECTION MEASURES
Article 589- The settlement judge of the inheritance takes all necessary measures to protect the property of the estate and pass it to the rightful owners upon request or ex officio.
These measures relate in particular to the writing of property and rights in the territory specified in the law, to the stamping of the land, to the formal administration of the land and the opening of the will.
The expenses relating to the measures were taken by the applicant for future collection; Prevention is covered by the State in cases where the judge decides ex officio.
If the Mirasbırakan died somewhere other than the settlement, the magistrate of that place shall inform the judge of the settlement of the settlement without delay and take the necessary measures for the protection of the property of the inheritance at the place of death of the inheritance and send the relevant file and will to the settlement judge of the settlement.
Article 590- In case of any of the following reasons, the magistrate decides to keep the book of the estate:
If there is anyone who has been taken under guardianship or has to be taken, If one of the heirs has not been found for a long time and there is no representative, If one of the heirs or the concerned person requests within one month of the date of death, Bookkeeping process is completed without delay.
Article 591- Sealed goods are sealed. Proper protection measures are taken for non-sealed goods. Sealing can also be done before writing.
When the Tereke is sealed, the necessary items for the needs of the residents are determined by a minute and left to them as the reliable person; The parts of the immovable, which are mandatory for their occupation, are excluded from sealing.
Sealing on the request of creditors is limited to the amount guaranteed. If the creditor is assured, no sealing shall be carried out and removed.
Official management of Tereken; generally
Article 592- In the following cases, the magistrate decides to officially manage the heritage ex officio:
If one of the heirs has not been found for a long time and if the representative does not, If none of those who claim to be the rightful owner of the inheritance cannot prove the status of the inheritance sufficiently, or if there is an inheritor, If all of the heirs are unknown, If specifically envisaged in the law. If the assignee assigns the officer who fulfills the will to be authorized on the whole of the estate, the management of the estate is given to him unless there is a significant obstacle.
If the inheritance was under custody or guardianship; The guardian or guardian shall be appointed with the management of the landfill unless there is an objection.
The Magistrate decides on the payment of an appropriate remuneration to be provided to the person who is appointed to the administration of the land.
Duty, representation and responsibility
Article 593- The magistrate of the magistrate who has officially ruled the administration or the person appointed by his administration is responsible for managing carefully such as a good manager, so as not to cause the loss of the rights of the right holders until the reasons for his administration are eliminated or divided, and in particular to observe the following works:
If not yet done, the writing of the estate, Taking necessary protective measures, The sale of the goods in the landfill if it falls in accordance with the interests of heirs or the requirements of good management, Collection of receivables and payment of debts, The fulfillment of the testament, which is understood to be not damaging the legal rights of the heirs, by the permission of the magistrate and with the approval of the judge. The deposit of the money belonging to the Terek shall be deposited in a bank specified in the statute or the government bonds shall be taken with these funds and the investments without sufficient assurance shall be converted into secure investments, If there is a business, manufacturing or other business in the facility, they should be maintained as is; taking the necessary measures for liquidation if there is no benefit. Tereke is the representative of the inheritance in the matters that are put into service, represents the partnership in the lawsuits filed and the execution proceedings against the partnership, and is authorized to make proceedings on behalf of the partnership, follow-up proceedings on behalf of the partnership, and waiver, accept, accept and arbitrate; denounces cases and follow-ups to heirs.
As regards the official management of the Tereke, the provisions of the voucher shall apply to the acts of the magistrate and the administrator on the basis of their qualifications.
Ignorance of heirs
Article 594- If the heir of the inheritance is not known, or if all of the heirs are not known, the peace judge shall announce the rights holders twice with the appropriate means and with a period of one month and then declare the rights holders at least within a year at the latest.
If no one has applied during the announcement and if the magistrate has not been able to identify any heirs, the inheritance will be transferred to the State without prejudice to the lawsuit.
Procedures related to will; Delivery task and measures to be taken
Article 595- After the death of the inheritance of the inheritance of the testament obtained, regardless of whether the validity of the judge must be delivered immediately.
Anyone who hides or holds the will or the one who hides it or inherits it under the will of the deceased, or finds it among the goods of the deceased, is obliged to fulfill the duty of submission as soon as he learns of his death; otherwise it is responsible for the damages that may arise.
The magistrate shall immediately examine the will submitted and shall take the necessary safeguards; If possible, he / she shall decide to temporarily deliver or formally manage the estate to the legal heirs by listening to the persons concerned.
Opening the will
Article 596- The testament shall be opened by the magistrate's judge and shall be read to the concerned persons, regardless of whether it is valid or not.
Known heirs and other interested parties are called upon to be present during the opening of the will.
The same procedures are made for the later wills of the inheritance.
Notification to those concerned
Article 597- An approved copy of the parts of the testament pertaining to them shall be notified by the judge, with the expense of each of those who are entitled to inheritance.
The parts of the will that are not known where they are are communicated by way of announcement.
Certificate of inheritance
Article 598- Those who are determined to be legal inheritors upon their application are given a document showing their inheritance by the court of peace or by the notary.
Unless an objection has been filed within a month of being notified within a month of being notified within a month of the notification of the heir to the inheritance of the heir or the will, he or she shall be given a document indicating that the beneficiary shall be the heir of the heir appointed by the court of peace.
Invalidity of the certificate of inheritance can always be asserted.
The right to a lawsuit regarding the annulment of death due to death is reserved.
SECOND PART - GAIN OF THE HERITAGE
Win; By Heirs
Article 599- The heirs earn the inheritance and inheritance as a whole by law.
Without prejudice to the statutory provisions provided for in the law, the heirs shall directly acquire the inheritance rights, claims, other assets of the inheritance, the immovable property on the movable and immovable property and shall be personally responsible for the debts of the inheritor.
Assigned heirs win with the legacy of the inheritance of the inheritance. The legal heirs are obliged to hand over the inherited legacy to the assigned heirs in accordance with the provisions of their possession.
Testament by creditors; Request
Article 600- If the creditor of the will, the worker who fulfills the will of the testament to him; otherwise, they shall have the right to a personal request against legal or assigned heirs.
This receivable will be due to the fact that the testament accepts the legacy or if the right of rejection falls.
The will of the will, against the testament does not fulfill the obligation of the delivery of the will or the transfer of the rights of the will; If the behavior is a behavior, it can sue the damage caused by failure to fulfill.
Article 601- A right of usufruct or a right of repentance, or any other act of repeating it at regular intervals, shall be subject to the rules of the law of goods and obligations, unless another principle is foreseen in the savings.
Anyone who has been required to receive an insurance to be paid at the time of death shall be entitled to use the right of claim arising from the insurance contract directly against the insurer.
Article 602- The right to claim the right of the testator, the right to learn to bring the death or testament will be due later, if the due date is due to be ten years from the date of due to be expired.
Status of creditors
Article 603- The rights of the creditors of the inheritance of the inheritance, the rights of the will creditors, the rights of the willers of the will come before the rights of the creditors of the heirs.
The creditors of the heirs with the inheritance of the heirs who accept unconditionally shall have the same rights.
Tenkis and request back
Article 604- If the heirs pay the debts of the inheritance of the inheritance after fulfilling the obligation of testament, they have the right to demand back the amount given by the testator to the extent that they can ask for the criticism of the will.
The will creditor can only be held responsible for the extent to which it is enriched at the time of the request for reclaim.
Right; Declaration of refusal; The right to refuse
Article 605-Legal and assigned heirs may reject the legacy.
If the indemnity is clearly or officially determined by the payment of the inheritance in the date of death, the inheritance shall be deemed rejected.
Article 606- The inheritance may be rejected within three months.
This period, he learned that he learned to be the heir of the inheritance unless proven later that they are heirs for the legal heirs; for the heirs assigned by the will, the inheritance shall begin to operate from the date when the savings are declared to them.
Writing the genre
Article 607- In the case of the writing of the estate as a protection measure, the period of rejection begins with the notification by the magistrate that the writing process for legal and assigned heirs is over.
The right of refusal
Article 608- The heir of the inheritor who dies without rejecting the inheritance passes to his heirs.
The period of refusal for these heirs starts from the date when they learned that the inheritance was passed on to them. However, this period does not end until the time for the heir of the inheritance of the inheritance of their inheritance expires.
If the inheritance passes to the non-heirs before the retreat; the period of refusal for them begins to operate from the date when they learned that the inheritance was rejected by their previous heirs.
Article 609- The refusal of the inheritance shall be made by the heirs to the court of peace in verbal or written form.
Reject must be indifferent and unconditional.
The magistrate determines the verbal or written declaration of refusal with a minute.
The declaration of refusal made within the term shall be written to the private register of the place where the inheritance was opened and a document indicating a refusal shall be given to the referee who rejects it.
How to keep the minutes and the bills is regulated by the regulation.
The right of rejection
Article 610- The heir who does not reject the legacy within the legal period shall be unconditionally won the legacy.
The heir who has been involved in the transactions as an heir before the end of the retirement period, who is not the usual management of the estate or who is doing the works necessary for carrying out the works of the inheritance, or who hides or hides property, cannot refuse the inheritance.
In order to prevent the expiration of the statute of limitation or the time limitation, prosecution and enforcement proceedings shall not eliminate the right of refusal.
Rejection by one of the heirs
Article 611- If one of the legal heirs rejects the inheritance, its share passes to the rightful owners as if the inheritance was not opened.
The share of the assigned heir who rejects the legacy is left to the nearest legal heirs of the inheritance, unless it is understood that the desire of the inheritance from the death-dependent savings is otherwise.
Rejection by all of the nearest heirs; generally
Article 612- The inheritance, which is rejected by all of the closest legal heirs, shall be liquidated by the magistrates' court in accordance with the bankruptcy provisions.
The remaining values ��at the end of the liquidation are given to the right holders as if they have not rejected the legacy.
The inheritance to the surviving spouse
Article 613- In case the referee rejects the legacy of the whole, their share passes to the surviving spouse.
After the rejection of the benefit to the heirs
Article 614- The heirs can request the inheritors from the inheritance before they refuse the inheritance of the inheritance.
In this case, the rejection shall be notified to the heirs later by the magistrate; if they do not accept the legacy within a month, they are considered to have refused.
On the other hand, the inheritance is liquidated according to the bankruptcy provisions and the remaining values ��at the end of the liquidation are given to the previous heirs.
Extension of retention period
Article 615- In the presence of significant reasons, the magistrate may extend the period of refusal granted to the legal and appointed heirs or grant a new period.
Refusal of testament
Article 616- In the event that the will of the will denies the will, the beneficiary of the refusal shall benefit from the refusal of the inheritance of the other.
Protection of creditors of heirs
Article 617- If the heir who is not able to repay his assets refuses the inheritance in order to damage his creditors; The creditors or the bankruptcy administration can file a claim against the cancellation of the rejection within six months of the date of the rejection, unless they are given sufficient assurance.
If the cancellation of the refusal is decided, the inheritance is officially liquidated.
In this way, if the share of the inheritor who rejects the inherited heritage falls into the share of the creditors, then the creditors of the objectors and then the other creditors are paid. The remaining values ��are given to the heirs who will benefit from this if the refusal is valid.
Liability in case of refusal
Article 618- The heirs who reject the inheritance of an inheritance without payment shall be liable in value to the creditors of their creditors, which they have taken from it within the five years preceding their death and are obliged to give back in sharing the inheritance.
The dowry, which is given by ordinary education and learning expenses, is outside this responsibility.
Good heirs are only responsible to the extent of their enrichment at the time of return.
THIRD PARTY - OFFICIAL RESERVATION
Terms & conditions
Article 619- Any heir who has the right to refuse the inheritance may request the retention of the official book.
Bookkeeping is requested from the magistrate within one month following the procedure for rejecting the inheritance.
The request of one of the heirs to hold books is also effective for others.
Article 620- The official book is issued by the court of peace; the assets and liabilities of the assets are written with their appraised values.
Anyone who has information about the financial situation of the inheritance is obliged to provide the information requested by the court of peace. Those who do not give information without a right reason or who give incorrect or incomplete information are obliged to compensate the damages to the heirs, wills and third parties.
The heirs are obliged to inform the peace court, in particular, of their debts known to them.
How to keep the official book is regulated by the regulation.
Call by announcement
Article 621- The Magistrates' Court shall call the creditors of the inheritance and their debtors within a certain period of time and call them to announce their debts by means of a notice to be made twice a month. The call shall include the creditor and the debtor due to surety.
The creditors' attention is drawn to the results of notifying the announcement.
The notification period is at least one month starting from the second announcement.
Article 622- Receivables and debts that are understood from the official records or the documents of the inheritance shall be passed directly to the book.
They are notified to creditors and borrowers.
End of keeping books
Article 623- With the expiry of the period specified in the announcement, the bookkeeping shall cease and the notebook shall be examined by the concerned persons within at least one month from the date it is determined.
Bookkeeping expenses are paid from the stock. If the expenses cannot be paid from the stock, they are taken from the heirs who have asked for the book to be kept.
Status of heirs during bookkeeping; ACADEMIC AUTHORITIES
Article 624- During the bookkeeping period only mandatory management work can be done.
The inheritance that is left to him by the magistrates' court to execute the works of the inheritor may require other heirs to show assurance.
Enforcement proceedings, lawsuit and statute of limitations
Article 625- As long as the official bookkeeping continues, enforcement proceedings cannot be made for the debts of the inheritance.
The timeout does not work within this time.
Except in urgent cases, lawsuits cannot be continued and new lawsuits cannot be filed.
Results; Beyana call
Article 626- After the timeline review period is over, each heir is invited to make a statement to the court within one month.
If the circumstances require, the magistrates' court may give an additional period for new appraisals, settlement of disputes and similar situations.
Article 627- Each of the heirs may declare that he has rejected the legacy within the recognized period or requested an official liquidation, or accepted it in the book or unconditionally.
The heir who has not made any declaration in his / her time shall be deemed to have accepted the inheritance according to the kept book.
Results of acceptance according to the official book; Responsibility for the entries
Article 628- According to the official book, the inheritance inheritance is passed to the heir only with the debts written in the book.
In this way, the passing of the heritage, starting from the date of the legacy of the legacy.
The heir is responsible for both the assets of the inheritance and the assets of the inheritance.
Liability for those not listed
Article 629- As to the creditors who do not have their receivables written in due time, the heir is not responsible for his personal property; can not be held responsible for the goods passed by him.
However, the heir will remain accountable to the extent that the creditor cannot print to the register without notice, or that the heir will be enriched.
Claims can be secured by the creditors, even if their creditors are not registered.
Liability for bail liabilities
Article 630- The debts of the inheritance shall be written in a separate place in the book and the heirs shall be liable only if they were to be dismissed from the debts due to the bail due to the bail, even if the heirs have accepted the legacy as unconditional and unconditional.
Inheritance to the State
Article 631- In the event that the inheritance passes to the State, the magistrate will officially issue the official notebook of the estate in accordance with the above procedures.
The State is solely responsible for the amounts it receives from the debt owed.
FOURTH - OFFICIAL RECEPTION
Terms & conditions; With the request of the heirs
Article 632- Each heir may request the formal liquidation of the landowner at the place of acceptance or rejection of the legacy.
This request is not taken into account if one of the heirs of the heir accepts the legacy.
In the case of official liquidation, heirs are not responsible for the debts of the landowner.
With the request of the creditors
Article 633- The creditors who doubt the credible reasons because they cannot obtain the receivables of the inheritance can request the official liquidation of the land within three months starting from the death of the inheritance or the will of the inheritance, if they are not paid or not assured.
In the presence of the same conditions, the willers of the will can also take the necessary measures to protect their rights.
Method; ACADEMIC AUTHORITIES
Article 634- The official liquidation shall be carried out by the court of peace or by one or more liquidators to be appointed.
The official liquidation is started with the issuance of the book of the estate and at the same time, the creditors and the borrowers of the inheritance notice are asked to report their receivables and debts within the specified period.
If the official book of Tereken was previously arranged, the official liquidation is made according to this book.
The liquidator carries out his / her duties related to his / her duties under the supervision and control of the court of peace. The creditors of the heirs and the beneficiaries may file a written complaint within seven days, starting from the date on which they learned it, due to the procedures carried out or designed by the liquidator.
Liquidation with ordinary procedures
Article 635- The formal liquidation includes the completion of the works of the inheritance, the fulfillment of the debts, the collection of the receivables, the fulfillment of the obligations of the testament to the possibility of the estate, the determination of the rights and debts of the inheritance and the debts of the inheritance and the conversion of the goods into the money.
The liquidator is obliged to provide information to the heirs on the case, follow-up and administrative proceedings related to the contract.
Immovables in Tereken are sold through auction or bargaining upon the acceptance of all heirs.
The heirs may request that, in the course of the liquidation process, the assets and money which are not necessary for liquidation are given to them in whole or in part.
Liquidation by bankruptcy
Article 636- Liquidation of the estate which is not able to pay the current debts is made by the peace court according to the bankruptcy provisions.
FIVE - THE EMPLOYMENT IN THE EMPLOYMENT
Terms & conditions
Article 637- A legal or designated heir may file a claim for inheritance by claiming his superior right to inheritance against anyone holding the land or property.
In this case, the judge resolves the disputes related to his capacity as an heir.
The judge shall take all necessary measures to protect the right on the plaintiff's request, such as the assurance of the defendant or the issuance of annotations to the land registry.
Article 638- In case of acceptance of the rationale due to inheritance, the goods included in the contract or the order shall be granted in accordance with the provisions of the plaintiff.
In the case of inheritance due to inheritance, the defendant cannot argue that he earned the estate through statute of limitations.
Article 639- Due to inheritance, the trial of prosecution undergoes ten years from the date on which the plaintiff has learned that he is an heir and that the defender is the landowner or the merchant.
The limitation period against those who are not good is twenty years.
Part Three – Sharing the Heritage FIRST DECEMBER - HERITAGE BEFORE SHARING PARTNERSHIP
Result of inheritance; Heritage partnership
Article 640- In the case of more than one heir, a partnership between the heirs, which includes all the rights and debts in the estate, takes place until the passing of the inheritance.
The heirs shall jointly retain the landowner and, together with the representation or management authority arising out of the contract or law, save together on the rights of the landowner.
Upon the request of one of the heirs, the magistrates' court may appoint a representative until the share of the inheritance.
Each heir may request protection of rights in the estate. All of the heirs from the protection provided benefit.
If an heir is incapable of paying, upon the opening of the inheritance, other heirs may ask the court of peace to take the necessary measures to protect their rights without delay.
Responsibility of heirs
Article 641- The heirs are jointly responsible for their debts.
The amount of compensation to live with the parents and grandparents and grandparents, and to the grandchildren of the adult children and their families, shall be deemed as the liability of the employer, provided that the contractor is not liable to pay debt.
The right to request to share
Article 642- Each of the heirs may at any time require the inheritance to be shared unless it is obliged to maintain a partnership in accordance with the contract or law.
Each heir may ask the magistrate's court to decide on the distribution of certain goods on the property, if not possible, through sale. On the request of one of the heirs, the judge shall share the entire estate and each of the goods in the repayment and, if possible, dispose of all of the immovable property by giving to an heir. The difference between the values ��of the immovables given to the heirs is eliminated by paying the money and equalization is achieved between the shares of the inheritance.
If the share is to be reduced immediately, the value of the commodity or landowner will be significantly reduced; The magistrate may decide to postpone the sharing of this property or the landowner upon the request of one of his heirs.
Postponement due to fetal
Article 643- At the time of the opening of the inheritance, if there is a fetus that can be an heir, the sharing is postponed until the birth.
If they are in need, they can ask the survivor to provide the living expenses until delivery.
Converting ownership of ownership to shared ownership
Article 644- If an heir asks for the conversion of ownership of ownership on all or part of the goods to the shareholder, then the magistrate invites him / her to submit any objections, if any, within the time period to be determined by calling other heirs.
In the event that no objection has been put forward to justify the continuation of the ownership of the Union, or if one of the heirs does not initiate a lawsuit for sharing within the specified period, it is decided to convert the ownership of the ownership of the claim on the property to the share ownership.
The above provisions shall also apply to the division of other rights and receivables, including the share of shares, into shares.
The right of the people living together
Article 645- Persons who live with him and are cared for by the deceased during his death may require from the date of death three months' maintenance and living expenses to be provided from the estate.
SECOND PART - HOW TO MAKE SHARE
Article 646- Legal heirs share the inheritance according to the same rules with the assigned heirs.
Unless otherwise arranged, heirs freely decide how to share.
The heirs, which are in possession of or are owed to Tereke goods, are obliged to provide complete information on this issue during the sharing.
Sharing rules ; Savings of inheritance
Article 647- The inheritor can set rules on how to share and how to create shares with his death-related savings.
These rules are binding for the heirs, provided that the opportunity to equalize the shares in an inequality that is not meant by the inheritance.
Unless otherwise understood from the savings it desires, the inheritance of the inheritance to the heir of an estate to the inheritance, a will is not only the rule of allocation is considered.
Participating in sharing
Article 648- The creditor who has taken over the share of an heir in the opened legacy, or who has made a hijab or who is incapable of paying the debt taken against the heir in his possession, may ask the magistrate to appoint a trustee to participate in sharing instead of this heir.
Realization of the share; Equality of heirs
Article 649- Unless there is a provision to the contrary in the law, heirs have equal rights over all the properties of the estate in sharing.
The heirs are obliged to give each other all the information that must be considered in order to ensure that the sharing between the inheritance and the relations with the inheritance shall be equal to the equality and justice.
Each of the heirs may require that the debts of the payer be paid or secured before sharing.
Creation of shares
Article 650- The heirs constitute a share of the number of heirs or common roots of the goods.
Without a settlement, each of the heirs may request the creation of shares from the court of peace. In forming the shares, the judge considers the local customs, the personal status of the heirs and the desire of the majority.
The privatization of shares is made in accordance with the agreement of the heirs. If this is not possible, he is drawn to the exchange rate.
privatization or sale of certain goods
Article 651- Tereke goods, which cannot be divided without significant reduction in value, are allotted to one of the heirs as a whole.
If the heirs cannot agree on the division or dissemination of a merchant, the goods are sold and the price is divided.
If one of the heirs requests, sales are made through increment. If the heirs cannot agree on the manner of increase, the magistrate decides that the increase be made between the heirs or open to all.
Family residence and household goods to the surviving spouse
Article 652- In the case of death of one of the spouses of the goods of household goods or if the spouses live together; survivor the spouse may request that the property rights be granted to them on the right to inherit.
If there are justifiable reasons, it may be decided upon the request of one of the surviving spouses or the other legal heir of the inheritance of the inheritance to grant the right of usufruct or residence.
In cases where the inheritance is exercising a profession or art, and in the departments required by one of its members to perform the same profession and art, the surviving spouse cannot use these rights. The provisions of the inheritance law for agricultural immovables are reserved.
Goods with features; Integrity or family documents and articles with special memories
Article 653- If one of the heirs is opposed, the goods which constitute a totality cannot be separated.
Family documents and the family with the special moment value for the property, can not be sold if one of the inheritors opposes. If there is disagreement between the heirs, the magistrate decides that this property is to be deducted or sold to one of the heirs by not paying local customs, customs or personal circumstances.
The provisions of special law are reserved.
Receivables of inheritance from heirs
Article 654- The inheritance of the inheritance will be deducted from the share of the heir during the sharing.
Article 655- The heir who has pledged for the debts of the person who left him the inheritance to the estate, inherited the goods, he took the debt secured by the goods.
Article 656- The provisions of the law on the division of immovables are reserved.
the dynamic manner; Value based on liberation
Article 657- The immovable properties are based on their actual values ��at the time of the share.
Agricultural immovable properties are based on the income value and other immovable property values.
Determination of value
Article 658- If the heirs cannot agree on the value of the speculation, this value is determined by the magistrate.
Agricultural enterprises; Exclusion from sharing; Terms & conditions
Article 659- Abolished
Carriage of specificity
Article 660- Abolished
What heir to be made to the inheritor
Article 661- Abolished
Arrangement with death-dependent savings
Article 662- Abolished
Article 663- Abolished
Family property partnership; Right to request
Article 664- Abolished
Termination of partnership
Article 665- Abolished
The share of the other heirs with the inheritance of the inheritor
Article 666- Abolished
Article 667- Abolished
Sale of business
Article 668- Abolished
THIRD PARTY - STABILITY
Article 669- The legal heirs are liable to each other for giving back to the landowner to ensure the equalization that they obtain from the inheritance shares of their inherited shares.
The granting of the inheritance or establishment capital of the inheritance or the transfer of a property or recovery from debt and the like without any response, such as the equivalent, shall be subject to equalization unless expressly stated otherwise by the inheritor.
In the case of loss of hereditary status
Article 670- The obligation of repayment of the heir who lost the title of heir before or after the opening of the inheritance, shall pass to the heirs taking his place at the rate of increase in the share of inheritance.
Equalization; Return or deduction
Article 671- The heir, who is obliged to give it back, will give back exactly what he will if he wishes; even if it has more than its share, it deducts its value from its share of inheritance.
The rights of the inheritance and the rights of the heirs are reserved.
Earnings beyond the share of inheritance
Article 672- If the beneficiary exceeds the share of inheritance, the heir proves that he wishes to leave the inheritance to him, this surplus shall not be subject to equalization. The rights of other heirs are reserved.
Article 673- Equalization is made according to the value of the gain at the time of equalization.
The benefits of unjust enrichment shall be applied among the heirs on the benefits and losses and the income and expenses.
Education and learning expenses
Article 674- The obligation to give back due to the expenses incurred for the education and training of children is only available for the part exceeding the usual measures unless proven to be desirable.
Children who have not completed their education and training or who have a disability receive an equitable payment in sharing..
Gifts and marriage expenses
Article 675- Costs incurred during ordinary gifts and marriage are not subject to equalization.
In the marriage of the relatives of Altsoy, the dowry expenses made within the usual size of the request to not be subject to equalization is essential.
FOURTH - COMPLETE AND RESULT OF SHARING
Finalization of the share; Share contract
Article 676- The creation and the actual acquisition of shares among the heirs or the agreement between them will be transferred to the heirs.
With the sharing contract, heirs may also accept the conversion of the ownership of ownership on all or part of the goods to share ownership in proportion to their share of inheritance.
The validity of the sharing contract depends on the written form.
Contract on inheritance
Article 677- The validity of the contracts between the heirs on the transfer of the share of inheritance on all or part of the Tereken depends on the written form.
The validity of such a contract to be made by an heir to the third party depends on the organization of a notary public. The Convention does not entitle the person to participate in sharing; only at the end of the share the right of the heir to be given to the owner gives the right to demand.
Contracts made before the opening of the inheritance
Article 678- The contracts to be made by an inheritor or a third person shall not apply to the inheritance of an inheritance without the consent of the inheritance or without a permit.
It may be desirable to give back the actions performed in accordance with such a contract.
Responsibility of heirs against each other; Warranty debt
Article 679- After the completion of the share, the heirs are responsible for the goods sold against each other according to the provisions of the sale.
Inheritors guarantee the existence of receivables specific to each other in sharing against each other; Except for the negotiable documents registered in the stock exchange, they are responsible for the payment power of the debtor for the amount of the receivable deducted from the right of the heir, like an ordinary surety.
The lawsuit based on guarantee and surety expires by one year after the date of sharing or the due date for the receivables to be fulfilled later.
Invalidity of the share contract
Article 680- The general provisions of the Code of Obligations regarding invalidity shall also apply to sharing contracts.
Responsibility of heirs against third parties; Joint responsibility
Article 681- The heirs are jointly and severally liable for all their assets after sharing, due to the debts of the debtor who have not been expressly or consented by the creditor to the division or transfer.
The date on which the share takes place or the debts to be fulfilled thereafter shall be over five years after the expiry date.
Recourse to heirs
Article 682- In the payment contract, the heir who pays more than the amount owed to him or the amount he receives is recourse to the other heirs.
The right to recourse is first used against the heir who has undertaken the obligation to share the outstanding debt.
In other cases, each of the heirs is obliged to pay the debts at the rate of inheritance, unless otherwise agreed.
A. Being a minor Article 404- Each minor not under custody shall be taken under guardianship. Registrars, administrative authorities, notaries and courts who become aware of such a circumstance necessitating guardianship shall be obliged to notify the guardianship board of this situation.
B. Restriction I. Mental disorder or weakness of mind Article 405- Each person of age unable to do their own work due to mental disorder or weakness of mind or in need of constant help for protection and care or who may put others'safety at risk shall be restrained. Administrative authorities, notaries and courts that become aware of such a situation necessitating guardianship shall be obliged to immediately notify the guardianship board of this situation.
II. Extravagancy, alcohol or substance abuse, poor lifestyle, poor management Article 406- Each person of age who runs the risk of driving himself/herself or his/her family to poverty due to extravagancy, alcohol or substance abuse, poor lifestyle or poor management of assets and thus in need of constant protection and care and may put others' safety at risk shall be restrained.
III. Penalty restricting freedom Article 407- Each person of age who is sentenced to one year or a long-term penalty restricting freedom shall be restrained. The authority charged with execution of the penalty shall immediately notify the guardianship board of the fact that such a convict has started to serve his/her sentence so that a guardian can be appointed.
IV. Upon request(1) (1) Article 408- Each person of age who proves that he/she cannot manage his/her work due to old age, disability, inexperience or serious disease can demand that he/she be restrained.
I. Hearing the person concerned and expert report Article 409- A person shall not be restrained without being heard due to extravagancy, alcohol, drug and substance abuse, poor lifestyle, poor management or upon request. Restriction due to mental disorder or weakness of mind shall only be decided based on an official medical board report. (Additional phrase:6/12/2019-7196/52 art.) In order to draw up this report provisions of article 436 shall apply. The judge may hear the person to be restrained by taking into account the medical board report before making a decision.
II. Announcement Article 410- When the restriction decision is final, it shall be declared in the domicile and place of registry of the restrained person. Restriction shall not affect well-intentioned third parties before the announcement. Provisions regarding consequences of not having mental competence shall be reserved.
A. Authority for guardianship procedures Article 411- Authority for guardianship procedures shall lie with guardianship authorities in the domicile of the minor or person under legal disability.
B. Change of domicile Article 412- Person under guardianship shall not change their domicile without permission of the guardianship board. In case of change of domicile, authority shall pass onto new guardianship authorities. In that case, restriction shall be declared in the new domicile.
APPOINTMENT OF A GUARDIAN
I. In general terms Article 413- The guardianship board shall appoint a person of age capable to fulfill this duty as guardian. When necessary, more than one guardian can be appointed to fulfill these duties together or separately as per their authorities determined by the guardianship board. More than one person shall not be assigned to undertake guardianship together without their consent.
II. Priority of the spouse and relatives Article 414- Unless there are valid grounds that stand in the way, the guardianship board shall give priority to the spouse or close relatives of the person to be placed under guardianship provided that they meet guardianship conditions. Closeness of residences and personal relationships shall be taken into account when appointing a guardian.
(1) Through article 1 of Law No 6462 and dated 25/4/2013 the phrase «defect" featuring in this clause was amended as "disability".
III. Request of the people concerned Article 415- Unless there are valid grounds that stand in the way, the person pointed out by the person to be placed under guardianship or his/her mother or father shall be appointed guardian.
IV. Obligation to accept guardianship Article 416- People appointed guardians and living in the domicile of the person under guardianship shall be obliged to accept this post. In case of appointment by the family council, there is no obligation to accept guardianship.
V. Reasons for refraining from guardianship Article 417- The following people may not accept guardianship: l. People having turned sixty, 2. People that might have difficulties in fulfilling this duty due to their physical disability or permanent disease(1) 3. People having parental authority for more than four children, 4. People who already act as guardians, 5. The President of the Republic, members of Turkish Grand National Assembly, Vice Presidents, ministers, judges and prosecutors (2)(2)
VI. Reasons that stand in the way of guardianship Article 418- The following people shall not be guardians: 1. People under legal disability, 2. People forbidden from public service or leading a dishonorable life, 3.People whose interests conflict considerably with interests of those to be appointed guardians or people having hostility towards one another. 4. Judges of relevant guardianship authorities
B. Appointment procedure
I. Appointment of a guardian Article 419- The guardianship board shall be obliged to appoint a guardian without delay. It can be decided to restrain those who are not of age when necessary. However, restriction decision shall bear results after the person in question comes of age. As a rule children of age who are restrained shall not be placed under guardianship, they shall be left under custody.
II. Interim measures Article 420- The guardianship board shall take the necessary measures ex officio before appointment of a guardian if it is entailed by guardianship procedures, capacity to act of the person to be restrained can be revoked temporarily and representative can be appointed. Decision of the guardianship board shall be declared.
III. Notification and announcement Article 421- The guardian shall be immediately notified of the appointment decision. Decision regarding restriction and appointment of a guardian or leaving the restrained person under custody shall be declared in the domicile and place of registry of the restrained person.
(1) Through article 1 of Law No 6462 and dated 25/4/2013 the phrase «defects" featuring in this clause was amended as "disabilities". (2) Through article 139 of Decree Law No. 700, dated 2/7/2018 the phrase "and members of the Council of Ministers" featuring in this clause was amended as "members, Vice Presidents, minister".
IV. Refrainment and objection
1. Procedure Article 422- The person appointed guardian can use their right to refrain from guardianship within ten days as of notification of guardianship decision to them. All people concerned can allege that appointment is unlawful within ten days as of the date they learnt about appointment of a guardian. If the guardianship board deems refrainment from guardianship or reason for objection justified, they shall appoint a new guardian. If they do not deem it justified, they shall notify the supervisory authority of the case along with their opinion on the matter to make the necessary decision.
2. Temporary duty Article 423- The person appointed guardian shall be obliged to fulfill the duties of guardian even if he/she has refrained from guardianship or an objection is raised.
3. Decision Article 424- The supervisory authority shall notify the person appointed guardian and the guardianship board of their decision. If the person appointed guardian is relieved of duty, the guardianship board shall immediately appoint a new guardian.
V. Assignment Article 425- When the appointment decision is final, the guardianship board shall undertake the necessary procedures to make sure that the guardian takes up his/her duties.
CURATORSHIP AND STATUTORY ADVISORSHIP
A. Circumstances Requiring curatorship
I. Representation Article 426- The guardianship board shall appoint a representative curator ex officio or upon request of the concerned in the following circumstances or other circumstances specified by law: 1. If a person of age is unable to do his/her own urgent work or appoint a representative due to a disease, being somewhere else or a similar reason, 2. If interests of the legal representative and those of the minor or person under legal disability are conflicting, 3. If there is an obstacle in the way of the legal representative fulfilling his/her duties.
1. As per law Article 427- The guardianship board shall take the necessary measures for properties, the management of which belongs to no one and shall appoint a management curator especially in the following circumstances: 1. If a person has been absent for a long time and where they reside is not known, 2. If a person is unable to manage their property on their own or unable to appoint a representative for this although there is not a valid ground to place the said person under guardianship, 3. If heirdom rights to an inheritance are not yet clear or interests of the foetus necessitate, 4. If a legal person is devoid of the necessary organs and its management cannot be ensured by other means, 5. If a way to manage or spend money and other aids collected from the public for charity or other work with similar purposes cannot be ensured.
2. Upon request Article 428- If a valid ground for restriction upon request exists, a curator can be appointed for a person of age upon their own request.
B. Statutory advisorship Article 429- Although there is not a valid ground for restriction, for a person of age for whom it is deemed to be necessary to restrain their capacity to act for their own protection, a statutory advisor shall be appointed to receive their opinion on the following matters: 1. Litigation and accordancy, 2. Purchase, sale of and putting in pledge the immovables and establishing another in rem right on them, 3. Purchase, sale of and putting in pledge commercial papers, 4. Constructional work that is outside of ordinary management boundaries, 5. Lending and borrowing, 6. Withdrawing the principal amount, 7. Donation, 8. Making a commitment in foreign exchange, 9. Vouching for someone. Authority to manage a person's assets can be revoked under the same conditions without prejudice to right of disposition on their revenues.
C. Authority Article 430- Representative curator shall be appointed by the guardianship board located in the domicile of the person for whom a curator is to be appointed. Management curator shall be appointed by the guardianship board located in the place where the majority of the assets is managed or the properties that constitute the share of the person represented are situated.
D. Procedure Article 431- Rules regarding the procedure forrestriction shall also apply to appointment of curator and statutory advisor. The decision regarding appointment of curator or statutory advisor shall only be declared if it is deemed to be necessary by the guardianship board.
RESTRICTION OF FREEDOM FOR PROTECTION
A. Conditions Article 432- Each person of age shall be placed with an appropriate institution for treatment, education or rehabilitation or retained unless their protection cannot be ensured by other means due to mental illness, weakness of mind, alcohol or drug abuse, communicable disease that poses severe danger or roguery. Public officials who become aware of such situation shall be obliged to notify the guardianship board of such situation. Inconvenience caused by the said person for their surroundings shall also be taken into account. The said person shall be discharged from the institution as soon as their situation permits.
B. Authority Article 433- The authority to decide on placement or retainment shall lie with the guardianship board of domicile of the relevant person or with the guardianship board where the said person is located in the case that delay is deemed to be inconvenient. The guardianship board that decides on placement or retainment shall also be authorized to discharge the said person from the institution.
C. Notification obligation Article 434- If a person under legal disability is placed with an institution or retained or other measures regarding guardianship are deemed to be necessary for a person of age, the guardianship board where the said person is located or those concerned prescribed by special laws shall be obliged to notify the guardianship board of domicile of the said situation.
D. Objection Article 435- The person who is placed with an institution or their relatives shall have the right to object to the supervision authority within ten days of the date this decision is notified to them. This right can also be used when the request to discharge such person from the institution is denied.
I. In general terms Article 436- Restriction of freedom for protection shall be subject to Code of Civil Procedure without prejudice to the following rules: 1. It is obligatory that when making the decision the relevant person be informed about the reasons and be provided written information as to their right to object to the decision before the supervisory authority. 2. A person placed with an institution shall immediately be notified in written as to the fact that they can object to retainment or denial of discharge request before the supervisory authority within ten days. 3. Each request that necessitates a court decision shall be conveyed to the competent judge without delay. 4. The guardianship board that decides on placement or judge may adjourn handling this request in line with specifics of the case. 5. For those with mental illness, weakness of mind, alcohol or drug abuse, communicable diseases that pose severe danger, a decision can only be made through an official medical board report. (Repealed phrase:6/12/2019-7196/53 art.) (...) 6. (Additional:6/12/2019-7196/53 art.) In order to make sure that an official medical board report is issued, blood or similar biological samples such as hair, saliva, nail can be taken from the relevant person's body, necessary interventions can be performed and the said person can be placed with a medical institution for maximum twenty days upon preliminary medical report when necessary. 7. (Additional:6/12/2019-7196/53art.) For enforcement of decisions made within the scope of this article, force can be used when necessary and necessary medical assistance can be received from health officers.
II. Proceeding Article 437- The judge shall decide based on simplified procedure. Judicial support shall be provided to the person in question when necessary.
(Amended paragraph:6/12/2019-7196/54 art.) The judge shall hear the relevant person and decide on the matter without delay.
EXECUTION OF GUARDIANSHIP
DUTIES OF GUARDIAN
A. Taking office
I. Keeping book Article 438- Upon finalization of appointment to guardianship decision, a person to be assigned by the guardian and the guardianship board shall start to keep book of the assets to be managed without delay. If the person under guardianship has mental competence, the said person shall be kept available at the time of keeping book if possible. As may be required by the conditions, upon request of the guardian and the guardianship board the supervisory authority may decide that official book of the assets of the person under guardianship be kept. This book shall bear the same results for the creditors as the official book for inheritance and shall be kept in line with the procedure there.
II. Preservation of valuable goods Article 439- Commercial papers, valuable goods, important documents etc. shall be preserved in a safe place under supervision of the guardianship board if there is no inconveniency in terms of asset management.
III. Selling the movable properties Article 440- If interests of the person under guardianship require, movable properties other than valuable goods shall be sold by auction upon instruction of the guardianship board. The judge may also decide on bargain sale by taking into account specific situations, quality of the movable property or scantness of the value. Goods that have special meaning for the person under guardianship or their family shall not be sold unless there is a necessity to that end.
IV. Depositing money 1.Depositing obligation Article 441- Money that is not necessary for the person under guardianship or asset management shall be deposited in a national bank specified by the guardianship board to yield interest or it shall be converted into stocks and bonds issued by the Treasury. The guardian who puts off depositing money for more than one month shall be obliged to pay interest loss.
2. Conversion of investments Article 442- Investments that are not sufficiently reassuring shall be converted into reassuring investments. Conversion transaction shall be undertaken at an appropriate time by taking into account interests of the person under guardianship.
V. Commercial and industrial enterprises Article 443- If properties of the person under guardianship include commercial, industrial or similar enterprises, the guardianship board shall give the necessary instruction for continuation or dissolution of such enterprises.
VI. Selling the immovables Article 444- Sale of immovables shall only be possible in line with the instruction given by the guardianship board and if interests of the person under guardianship necessitate. Sale shall be conducted by auction by a person to be assigned by the guardianship board with the guardian available and tender shall be completed through approval of the guardianship board. It is necessary that decision for approval be made within ten days as of the date of tender. However, the supervisory authority may decide on bargain sale exceptionally taking into account specific circumstances, quality of the immovable property or scantness of the value.
B. Care and representation
I. Care for person
1. For minors
a. In general terms Article 445- If the person under guardianship is a minor, the guardian shall be obliged to take the necessary measures to ensure care and education of the minor. Without prejudice to provisions of power of guardianship authorities, the guardian shall have parental authority to that end.
b. Restriction of freedom for protection purposes Article 446- The guardianship board shall decide on placement of minors with an institution upon application of the guardian or in cases where delay is deemed to be inconvenient, the guardian shall decide on the matter in person and notify the guardianship board of the situation. Apart from that about issues regarding procedure and authority, provisions of restriction of freedom for protection of persons of age regardless of whether there is legal disability or not shall apply. Child who has not turned sixteen yet cannot apply to court in person about this issue.
2. For people under legal disability Article 447- Guardian shall be obliged to protect the person under legal disability and help them with all their personal affairs. If delay is deemed to be inconvenient, the guardian can place the person under legal disability with an institution in line with provisions of restriction of freedom for protection or retain the said person in such an institution and immediately notify the guardianship board of the situation.
1. In general terms Article 448- Without prejudice to provisions regarding power of guardianship authorities, the guardian shall represent the person under guardianship for all legal transactions.
2. Forbidden actions Article 449- It is forbidden to be a guarantor, establish a foundation and donate substantially on behalf of the person under guardianship.
3. Receiving opinion of the person under guardianship Article 450- If the person under guardianship is able to form and express his/her opinions, the guardian shall be obliged to receive his/her opinion as much as possible before making a decision on important matters. Approval of the person under guardianship shall not exempt the guardian from liability.
4. Actions that can be taken by the person under guardianship
a. Consent of the guardian Article 451- Person with mental competence and under guardianship can enter into obligation or waive a right through explicit or implicit permission or subsequent approval of the guardian. If the action taken is not approved within the period of time set by the other party or by the judge upon request, the other party shall not be bound by it anymore.
b. Consequence of disapproval Article 452- For actions disapproved by the guardian, each one of the parties can reclaim what they have given. However, the person under guardianship shall only be liable for the amount spent for his/her own interests or enrichment amount available within the scope of assets at the time of reclaim or the amount disposed of without goodwill. If the person under guardianship has misled the other party into believing that he/she has capacity to act, he/she shall be liable for the loss the other party incurred.
5. Profession or art Article 453- If the person under guardianship is given permission by the guardianship board to perform a profession or an art, the said person shall be authorized to undertake all ordinary actions regarding this issue and shall be liable with all their assets for these actions.
C. Asset management
I. Management and accounting obligation Article 454- The guardian shall be obliged to manage assets of the person under guardianship with due diligence. The guardian shall be obliged to keep the accounts about management and submit the said account for review to the guardianship board at times determined by the guardianship board and on a yearly basis in any circumstances. If the person under guardianship is able to form and express his/her opinions, he/she shall be kept available as much as possible during review of the account by the judge.
II. Free properties Article 455- The person under guardianship shall freely manage and use properties that are within his/her own disposition and those that he/she acquired by working with permission of the guardian.
D. Term of office Article 456- The guardian shall be appointed for two years as a rule. The guardianship board can extend this period by two years each time. After four years the guardian can use his/her right to refrain from guardianship.
E. The guardian's salary Article 457 – The guardian may demand that he/she be paid a salary out of assets of the person under guardianship and if not possible by the Treasury. The salary to be paid shall be determined by the guardianship board for each accounting period by taking into account the effort entailed by management and revenues of the assets managed.
DUTIES OF CURATOR
A. Position of curator Article 458- Appointment of a curator for someone shall not affect their capacity to act. Provisions regarding statutory advisorship shall be reserved. Term of office and salary of curator shall be determined by the guardianship board.
B. Scope of curatorship
I. Certain work Article 459- Curator assigned for a certain work shall be obliged to act in line with instructions of the guardianship board.
II. Asset management Article 460- If a curator is charged with management and supervision of an asset, he/she can only perform work related to management and maintenance of the said asset. Curator being able to perform other work shall depend on special authority to be given by the party represented and if the represented party is not in a position to give such authority, it shall depend on permission of the guardianship board.
DUTIES OF GUARDIANSHIP AUTHORITIES
A. Complaint and objection Article 461- Each person under guardianship with mental competence and everyone concerned can file a complaint with the guardianship board regarding acts and actions of the guardian. An objection can be raised against decisions of the guardianship board within ten days as of notification date.
I. Of the guardianship board Article 462- Permission of the guardianship board shall be necessary in the following circumstances: 1. Purchase, sale of and putting in pledge the immovables and establishing another in rem right on them, 2. Purchase, sale of and putting in pledge movable properties that are outside of ordinary management and operation needs or other rights and assets, 3. Constructional work exceeding ordinary management boundaries, 4. Lending and borrowing, 5. Making a commitment in foreign exchange, 6. Drawing up immovable tenancy contract for three or more years or product contract for one year or longer, 7. The person under guardianship performing an art, 8. Without prejudice to power of the guardian to take interim measures in emergencies, litigation, accordancy, arbitration and arrangement of bankruptcy, 9. Property regime contracts, apportioning of inheritance and making transfer of inheritance share agreements, 10. Declaration of insolvency, 11. Ensuring life insurance for the person under guardianship, 12. Drawing up an apprenticeship contract, 13. Placing the person under guardianship with a training, care or health institution, 14. Changing the residence of the person under guardianship.
II. Of the supervisory authority Article 463- Following the permission of the guardianship board, permission of the supervisory authority shall be necessary in the following circumstances: 1. Adoption by or of the person under guardianship, 2. The person under guardianship acquiring citizenship of a country or ceasing to be citizen of a country, 3. Taking over an enterprise or its dissolution, engaging in a partnership that requires personal liability or becoming a partner in a company with an important amount of capital, 4.Making agreements for lifelong salary or endowment or providing care until death, 5. Acceptance or disclaimer of inheritance or making an agreement of inheritance, 6. The minor coming of age, 7. Making an agreement between the person under guardianship and the guardian.
C. Review of report and accounts Article 464- The guardianship board shall review the report and accounts to be submitted by the guardian at certain times, the board shall demand that they be completed or rectified when necessary. The guardianship board shall accept or reject the report and accounts and take the necessary measures to protect the interests of the person under guardianship if necessary.
D. Lack of permission Article 465- Actions taken by the guardian without receiving permission of competent guardianship authorities although it is stipulated by law shall have the effect of actions taken by the person under guardianship without permission of the guardian.
LIABILITY OF ORGANS OF GUARDIANSHIP
A. Due diligence Article 466- Other people charged with organs of guardianship and guardianship procedures shall be obliged to show due diligence entailed by effective management while fulfilling these duties.
B. Liability of the guardian Article 467- The guardian shall be liable for damage done to the person under guardianship due to misdemeanor. The same provision shall also apply to curators and statutory advisors.
C. Liability of the State Article 468- The State shall be directly liable for damages done unlawfully by those assigned in guardianship authorities and shall also be liable for damages that cannot be compensated by guardians, curators and statutory advisors. The State compensating for the damages shall seek recourse against those at fault for giving rise to such damages. Those at fault giving rise to the said damages shall be jointly and severally liable to the State having used its right to recourse.
D. Duty and jurisdiction Article 469- Civil court of first instance closest to the location of guardianship authorities shall be the court of competent jurisdiction for cases of recourse against those assigned in guardianship authorities. Compensation and other recourse cases regarding guardianship shall be tried in civil court of first instance where the guardianship authorities are located.
TERMINATION OF GUARDIANSHIP
CIRCUMSTANCES ENTAILING GUARDIANSHIP CEASING TO BE
A. Minors Article 470- Guardianship over a minor shall cease to be ipso facto when the minor comes of age. If the court decides on age of majority, the court shall establish when the minor in question is to come of age and declare it accordingly.
B. Convicts Article 471- Guardianship over a person under legal disability due to condemnation to a punishment restricting freedom shall cease to be ipso facto when imprisonment comes to an end.
C. For other people under legal disability
I. Revocation Article 472- Guardianship over other people under legal disability shall be terminated by decision of the competent guardianship board. Guardianship over other people under legal disability shall be terminated by decision of the competent guardianship board. When circumstances entailing guardianship cease to be, the guardianship board shall decide to terminate guardianship. Each one of the people under legal disability and those concerned can make a request to terminate guardianship.
1. Announcement Article 473- If restriction is declared, its termination shall also be declared. Regaining the capacity to act shall not depend on the announcement to be made.
2. Mental illness or weakness of mind Article 474- Termination of guardianship over a person restrained due to mental illness or weakness of mind can only be decided if it is established by a medical board report that the reason for restriction has ceased to be.
3. Extravagancy, alcohol or drug abuse, poor lifestyle, poor management Article 475- For a person who is restrained due to extravagancy, alcohol or drug abuse, poor lifestyle or poor management of assets to request revocation of guardianship shall depend on not leading to a complaint for at least one year due to the reasons that brought along guardianship.
4. Restriction upon request Article 476- Revocation of guardianship over a person restrained upon their own request shall depend on elimination of the reason that led to restriction.
D. Curatorship and statutory advisorship
I. In general terms Article 477- Representative curatorship shall be terminated when the work the curator is charged with is completed. Management curatorship shall be terminated when the reason leading to appointment of a curator is eliminated or when the curator is relieved of duty. Statutory advisorship shall be terminated by decision of the guardianship board as per provisions regarding revocation of guardianship.
II. Announcement Article 478- If appointment is declared or if deemed necessary by the guardianship board, termination of curatorship shall also be declared.
TERMINATION OF GUARDIANSHIP
A. Loss of capacity to act and death Article 479- Guardianship shall be terminated if the guardian loses his/her capacity to act or dies.
B. Expiration of term of office and not extending the duration
I. Expiration of term of office Article 480- Guardianship shall be terminated when the term of office expires unless it is extended.
II. If there is an obstacle or reason for refrainment Article 481- If there is a reason that poses an obstacle for guardianship, the guardian shall be obliged to leave his/her post. If there is a reason for refrainment, the guardian may demand that he/she be relieved of duty before expiration of his/her term of office. However, the guardian shall be obliged to carry on with his/her duties if there are important grounds to that end.
III. Obligation to carry on with one's duties Article 482- The guardian whose term of office expires shall be obliged to carry on with necessary duties until the new guardian takes office.
C. Being relieved of duty
I. Grounds Article 483- If the guardian seriously neglects his/her duties, abuses his/her authorities or engages in acts that betray people's trust or becomes insolvent, he/she shall be relieved of duty by the guardianship board. If interests of the person under guardianship are at stake due to incompetence of the guardian in fulfilling his/her duties, the guardianship board may relieve the guardian of duty even if he/she is not at fault.
1. Upon request or ex officio Article 484- The person under guardianship or anyone concerned with mental competence can demand that the guardian be relieved of duty. The guardianship board that learns about the reason necessitating dismissal by other means shall be obliged to relieve the guardian of duty ex officio.
2. Inquiry and warning Article 485- The guardianship board can relieve the guardian of duty only after making an inquiry about the issue and hearing the guardian. The guardianship board shall warn the guardian of the fact that he/she might be relieved of duty under less serious circumstances.
3. Interim measures Article 486- If delay is deemed to be inconvenient, the guardianship board shall make sure that the guardian is withdrawn temporarily and a curator can be appointed. The guardianship board can impose a lien on properties of the guardian and request his/her detention by taking into account possible loss when necessary.
4. Other measures Article 487- The guardianship board shall be obliged to take other measures necessary to protect the person under guardianship besides dismissal and warning.
5. Objection Article 488- Those concerned can raise an objection before the supervisory authority against decisions of the guardianship board within ten days as of the date of notification. The supervisory authority shall hold a hearing when necessary and adjudicate this objection.
CONSEQUENCES OF TERMINATION OF GUARDIANSHIP
A. Final account and handing over assets Article 489- The guardian whose duty is terminated shall be obliged to submit the final report about management and final account to the guardianship board and keep the assets ready to be handed over to the person under guardianship, his/her heirs or the new guardian.
B. Review of the report and account Article 490- Final report and final account shall be reviewed and approved by the guardianship board like other reports and accounts submitted at certain times.
C. Termination of the duties of the guardian Article 491- After the final report and final account are reviewed and approved and the assets are handed over to the person under guardianship, his/her heirs or the new guardian, the guardianship board shall hold that duties of the guardian are terminated. The guardianship board shall notify the person under guardianship, his/her heirs or the new guardian of the final account along with its decision on approval or rejection of the final report and final account by specifying their right to file a compensation lawsuit. In this notification, termination of the duties of the guardian shall also be specified.
D. Statute of limitations in liability lawsuit
I. Ordinary statute of limitations Article 492- Compensation lawsuit to be filed against the guardian and curator who are liable shall be time barred within one year as of the date notification is made about the final account. Term of limitations of the compensation lawsuit to be filed against the State for losses that cannot be compensated shall be one year as of the time it is understood that losses cannot be compensated by the guardian, curator and statutory advisor. Statute of limitations of the lawsuits to be filed against the State for damages caused by those assigned in guardianship authorities shall be subject to general provisions. Recourse lawsuit of the State shall be time barred within one year as of the date the right to seek recourse originates.
II. Extraordinary statute of limitations Article 493- Compensation lawsuit that is based on a liability ground or miscalculation that cannot be known or understood by the person having incurred the loss before extraordinary statute of limitations starts to be effective can be filed within one year as of the date miscalculation or liability ground is learnt about. Compensation lawsuits arising from guardianship shall be time barred within ten years in any circumstances as of the date notification is made about the final account.
E. Receivables of the person under guardianship Article 494- Receivables of the person under guardianship shall be privileged vis-à-vis the guardian or the State.
I. Scope Article 256- Community of property regime shall encompass properties of community and personal properties of spouses.
II. Properties of community
1. General community of property Article 257- In general community of property, properties of spouses except for those that are deemed personal as per law and revenues shall constitute their property of community. The spouses shall own the properties of community as an undivided whole. Neither spouse shall have right of disposition on the share of community on his/her own.
2. Limited community of property
a. Community of acquired properties Article 258- Spouses can agree on a community of only acquired properties through property regime. Revenues of other properties shall be included in this community.
b. Other communities of property Article 259 – Spouses can exclude certain assets or types of assets especially immovable properties, income of one of the spouses, properties used by one of the parties to perform a profession or art through a property regime. Unless otherwise specified in the contract, revenues of these properties shall not be included in the community.
III. Personal properties Article 260- Personal properties shall be determined through a property regime contract, unrequited acquisitions of a third party or by law. Personal goods of each one of the spouses and non-pecuniary damages receivables shall be deemed personal properties as per law. Assets that can be demanded by one of the spouses as reserved share shall not be acquired as personal property by the legators if the said assets are included in the community of property through a property regime contract.
IV. Proof Article 261- If one of the spouses does not prove his/her personal properties, all the assets shall be deemed property of community.
B. Management and disposition
I. In properties of community
1. Ordinary management Article 262- Spouses shall manage properties of community for the benefit of union of marriage. Each one of the spouses can put the community under obligation and carry out acts of disposal on the common properties within the boundaries of ordinary management.
2. Extraordinary management Article 263- About issues that are not ordinary spouses shall put the community under obligation or carry out acts of disposal on the properties only by receiving consent of the other one or together. For third parties who are not aware of or not in a position to be aware of lack of such consent, it shall be assumed that the consent exists. Provisions regarding representation of the union of marriage shall be reserved.
3. Performing a profession or an art using property of community Article 264- If one of the spouses performs a profession or an art using the property of community with the consent of the other spouse, the said spouse can undertake all kinds of legal actions regarding this profession or art.
4. Acceptance or disclaimer of inheritance Article 265- One of the spouses shall not renounce inheritance that could be part of property of community without consent of the other one and shall not accept inheritance that is deeply in debt. If it is not possible to receive consent of the other spouse or request is denied by the said spouse without a valid ground, the spouse making the request can file a lawsuit with the court of his/her domicile.
5. Liability and management expenses Article 266- In case of termination of community of property, each one of the spouses shall be liable as proxies for actions regarding property of community. Management expenses shall be paid out of property of community.
II. Personal properties Article 267- Each one of the spouses shall have the right to manage and carry out acts of disposal on his/her personal properties. If there are revenues that fall under the category of personal properties, management expenses shall be paid out of these revenues.
C. Liabilities to third parties
I. Community debts Article 268- Each one of the spouses shall be liable for the following debts with their personal properties and property of community: 1. Debts incurred based on the authority to represent the union of marriage or manage the property of community, 2. Debts incurred due to performance of a profession or an art by using the property of community or revenues included in the property of community, 3. Debts giving rise to personal liabilities for the other spouse, 4. Debts incurred by spouses making an agreement with third parties as to property of community being also liable besides personal properties.
II. Personal debts Article 269- Each one of the spouses shall be liable for all other debts with their own personal properties and half of the value of the property of community. Requests stemming from enrichment of community shall be reserved. D. Debts between the spouses Article 270 – The property regime shall not prevent debts between the spouses from being due and payable. If payment of a debt is to put the spouse in debit into difficulty in such a way as to endanger union of marriage, the said spouse can ask for time for the payment. The spouse making the request can be asked to provide guarantee if the conditions require so.
E. Termination of the property regime and dissolution
I. Moment of termination Article 271 – Property regime shall be terminated by death of one of the spouses, adoption of another property regime or filing a bankruptcy lawsuit against one of the spouses. If the court rules for dissolution of marriage due to nullity or divorce or separation of property, the property regime shall be terminated as of the date of the lawsuit. When determining the scope of properties of community and personal properties, the date when the community of property is terminated shall be taken as the basis.
II. Adding to personal properties Article 272 – Instead of full payment made or compensation paid for loss of earning capacity to one of the spouses by social security or social welfare institutions; if the said spouse was endowed with revenue for life as per procedures of social security or social welfare institutions, the value of the revenue for the upcoming period as cash fund at the time of termination of the property regime shall be taken and taken into account as personal property of the same amount during dissolution.
III. Offsetting between personal properties and property of community Article 273 – If debts of one of the spouses stemming from personal properties are paid out of properties of community or if debts arising from properties of community are paid out of personal properties, an offsetting can be requested during dissolution. Each debt shall put the property it is related to under obligation. If it is unclear where the debt stems from, it shall be deemed to be stemming from properties of community.
IV. Value increase share Article 274- If contribution is made to acquisition, improvement or maintenance of personal properties or assets that fall under another category with properties of community, provisions regarding value increase share shall apply to participation regime in the acquired properties.
V. Determining the value Article 275 – When the property regime is terminated, moment of dissolution shall be taken as the basis when assessing the properties of community available.
1. In case of death or adoption of another property regime Article 276- In case of death of one of the spouses or termination of community of property due to adoption of another property regime, half of the properties of community shall be granted to each spouse and their heirs. Another apportioning rate can be agreed upon through a property regime contract. Such agreements shall not prejudice reserved shares of descendants.
2. In other circumstances Article 277- In case of divorce or nullity of marriage or separation of property as per a court decision, each one of the spouses shall reclaim the other one's share to be deemed his/her own personal property in participation in acquired properties regime out of properties of community. The remaining properties of community shall be shared between the spouses in half. Agreements regarding changing legal apportioning shall only be valid if this is clearly stipulated in property regime contract.
VII. Apportioning method
1. Personal properties Article 278- In the case that community of property is terminated by death of one of the spouses, the surviving spouse can demand that the properties that can be deemed personal in participation in acquired properties regime be granted to him/her to the credit of his/her share.
2. Matrimonial home and household goods Article 279- If matrimonial home or household goods of spouses are part of properties of community, the surviving spouse can demand that their ownership be granted to him/her to the credit of his/her share. If there are valid grounds, upon request of the surviving spouse or other legal heirs of the deceased spouse, right of usufruct or habitation instead of ownership can be granted on these properties. If property regime is terminated due to a reason other than death, each one of the spouses can bring forward the same requests by proving existence of best interests.
3. Other assets Article 280- One of the spouses can demand that other assets be granted to him/her to the credit of his/her share by proving existence of best interests.
4. Other apportioning rules Article 281- In other circumstances provisions regarding joint ownership and apportioning inheritance shall apply mutatis mutandis.
ESTABLISHMENT OF PARENTAGE
A. Establishment of parentage in general Article 282- Parentage between mother and child is established by birth. Parentage between father and child is established by way of marriage to mother, acknowledgment or decision of the judge. Parentage can also be established through adoption.
B. Jurisdiction and proceeding
I. Jurisdiction Article 283 – Lawsuits regarding parentage shall be filed with the courts where one of the parties has had domicile during the case or at birth.
II. Proceeding Article 284- In cases regarding parentage, Code of Civil Procedure shall apply without prejudice to the following rules: 1. The judge shall inquire about material facts ex officio and appraise the proofs freely. 2. Parties and third parties shall be obliged to give consent to research and inquiries that are obligatory for establishment of parentage and do not pose a danger in terms of health. If the defendant does not consent to research and inquiries stipulated by the judge, the judge can decide that the expected result is to the detriment of the defendant in line with the circumstances and conditions.
PATERNITY OF HUSBAND
A. Presumption of paternity Article 285 – Father of the child born while marriage continues or within three hundred days as of dissolution of marriage shall be husband. After this period expires, establishment of paternity shall only be possible if mother proves that she got pregnant during marriage. In the case that husband is deemed to be absent, three-hundred-day duration shall start as of the date when he was last heard from or it is learnt that there is a death risk.
B. Renunciation of parentage
I. The right to sue Article 286 – The husband can file a lawsuit for renunciation of parentage and refute presumption of paternity. This lawsuit shall be filed against the mother and the child. The child shall also have a right to sue. This lawsuit shall be filed against the mother and the husband.
1. Conception during marriage Article 287- If the child is conceived during marriage, the plaintiff shall prove that the husband is not the father. If a child is born within a hundred and eighty days at least as of the date of marriage and within three hundred days at most as of dissolution of marriage, the said child shall be deemed to be conceived during marriage.
2. Conception before marriage or during separation Article 288 – If the child is conceived before marriage or during separation, the plaintiff shall not need to put forth any other proof. However, if there is convincing proof that the husband engaged in sexual intercourse with his wife during pregnancy, presumption of paternity shall be valid.
III. Lapse of time Article 289- The husband shall be obliged to file a lawsuit within one year (...) (1 as of the date he finds out about the birth and the fact that he is not the father or that the mother engaged in sexual intercourse with another person during pregnancy. (1) (1) The child shall be obliged to file a lawsuit within one year at the latest as of the date he/she comes of age. If the delay has a valid ground, one-year duration shall start as of the date this ground no longer exists.
C. Conflict of presumptions Article 290- If the child is born within three hundred days as of dissolution of marriage and the mother is remarried, the husband from the second marriage shall be deemed father. (1) The phrase "....in any circumstances within five years as of the date of birth..." featuring in this paragraph was abolished by Constitutional Court Decision dated 25/6/2009 and P.: 2008/30, D.: 2009/96
If this presumption is refuted, the husband from the first marriage shall be deemed father.
D. The right to sue of those concerned Article 291- In the case that the husband dies or is deemed to be absent or permanently loses his mental competence before the period to file a lawsuit expires; descendants, mother, father or person claiming to be father of the husband can file a lawsuit for renunciation of parentage within one year as of the date they find out about the birth, death of the husband, the fact that he permanently lost his mental competence or declaration of absence. The curator to be appointed for a child who is not of age shall file a lawsuit for renunciation of parentage within one year (...) (1) as of the date he/she is notified of decision of appointment. (1)(1) Provisions regarding the lawsuit for renunciation of parentage to be filed by the husband shall apply mutatis mutandis.
E. Subsequent marriage
I. Condition Article 292- The natural child born out of wedlock shall ipso facto be subject to provisions that marital children are subject to if the mother and father marry each other.
II. Notification Article 293- The spouses shall be obliged to notify the registrar of their domicile or where the marriage took place of their common nonmarital children at the time of or after marriage. Not having notified the registrar of such fact shall not prevent the said child from being subject to provisions that marital children are subject to. About children whose parentage was established by acknowledgment or court decision, the registrar shall take necessary actions ex officio if the mother and father of the children marry each other.
III. Objection and annulment Article 294- Legal heirs of the mother and father, the child and the public prosecutor can object to establishment of parentage through subsequent marriage. The complainant shall be obliged to prove that the husband is not the father. Descendants of the child shall also have the right to object if the child is deceased or permanently lost mental competence. Provisions regarding annulment of acknowledgment shall apply mutatis mutandis.
ACKNOWLEDGMENT AND COURT DECISION
I. Conditions and form Article 295- Acknowledgment shall take place through a written application to be made to the registrar or court by the father or through a statement to be made by the father in a formal deed or will. If the person making the statement for acknowledgment is a minor or person under legal disability, consent of the parental guardian or guardian shall also be necessary. The child having parentage to another man shall not be acknowledged until after this parentage is invalidated.
II. Notification Article 296- The registrar, civil magistrate, notary public having been notified of the fact or the judge opening the will shall notify the civil registration of birth where the father and the child are registered of acknowledgment. (1) The phrase "....in any circumstances within five years as of the date of birth..." featuring in this paragraph was abolished by Constitutional Court Decision dated 10/10/2013 and P.: 2013/62, D.: 2013/115 published in the Official Gazette.
The civil registration of birth where the child is registered shall notify the child, the mother and authority of guardianship if the child is under guardianship of acknowledgment.
III. Action for annulment
1. The acknowledger's right to sue Article 297- The acknowledger can file a lawsuit for annulment of acknowledgment due to fallacy, deception or intimidation. Action for annulment shall be brought against the mother and the child.
2. The right to sue of those concerned
a. In general terms Article 298- The mother, the child and descendants of the child if the child dies, the public prosecutor, the Treasury and those concerned can file a lawsuit for annulment of acknowledgment. The lawsuit shall be filed against the acknowledger and the heirs of the acknowledger in case of death.
b. Burden of proof Article 299- The plaintiff shall be obliged to prove that the acknowledger is not the father. In the lawsuit for annulment filed by the mother or the child against the acknowledger claiming that he is not the father, the burden of proof shall arise after the acknowledger presents convincing proof as to the fact that he engaged in sexual intercourse with the mother during pregnancy.
3. Lapse of time Article 300- The right to sue of the acknowledger shall cease to be within one year as of the date when the reason for annulment is learnt about or effects of fear fade away and in any circumstances within five years as of acknowledgment. The right to sue of those concerned shall cease to be within one year as of the date when the plaintiff finds out about acknowledgment and the fact that the acknowledger cannot be the father of the child and in any circumstances within five years as of acknowledgment. The child's right to sue shall cease to be within one year as of the date he/she comes of age. If there is a valid ground for delay even if the above-mentioned periods have expired, a lawsuit can be filed within one month as of the date this ground no longer exists.
B. Court decision
I. The right to sue Article 301- The mother and the child can demand that the parentage between the child and the father be established by court. The lawsuit shall be filed against the father and heirs of the father if the father is deceased. The paternity suit shall be reported to the public prosecutor and Treasury, the curator shall be notified if the lawsuit is filed by the mother and the mother shall be notified if the lawsuit is filed by the curator.
II. Presumption Article 302- The fact that the defendant engaged in sexual intercourse with the mother between day three hundred and one hundred and eighty shall be deemed presumption of paternity. If it is established that the defendant engaged in sexual intercourse with the mother during actual pregnancy even if it didn't happen within the set period, the same presumption shall be valid. If the defendant proves that it is impossible for him to be the father or that a third person being the father is more likely than his own possibility, the presumption shall be invalidated.
III. Lapse of time Article 303- Paternity suit can be filed before or after the child's birth. The mother's right to sue shall cease to be within one year as of the date of birth. (Annulled paragraph two: Through Constitutional Court Decision dated 27/10/2011 and P.: 2010/71, D.: 2011/143.)(1) If there is parentage between the child and another man, one-year duration shall start as of the date this parentage is invalidated. If there are valid grounds after one-year period expires, a lawsuit can be filed within one month as of the date the grounds in question no longer exist. (2)(2)
IV. Financial rights of the mother Article 304- The mother can demand that the following expenses be covered by the father or heirs along with paternity suit or separately: 1. Delivery expenses, 2. Six week living expenses before and after the birth, 3. Other expenses entailed by pregnancy and birth. Even if the child is stillborn, the judge can decide that these expenses be covered. Payments made to the mother by third parties or social security institutions shall be deducted from the compensation in an equitable manner.
A. Adoption of minors
I. General conditions Article 305- Adoption of a minor shall be contingent on the fact that the adopter has taken care of the minor and provided the minor with education for one year. It is necessary that adoption be in the best interests of the minor in any circumstances and interests of other children of the adopter not be prejudiced in an inequitable manner.
II. Joint adoption Article 306- Spouses can only adopt together, those who are not married shall not adopt together. It is necessary that spouses be married for at least five years or turned 30. One of the spouses can adopt the child of the other spouse if they have been married for at least two years or if the said spouse has turned thirty.
III. Adoption as a single person Article 307- If an unmarried person has turned thirty, he/she can adopt as a single person. The spouse having turned thirty can adopt on his/her own if he/she proves that joint adoption is impossible as the other spouse permanently lacks mental competence or has been absent for more than two years or has led a separate life for more than two years through court decision. (1) This decision came into effect one year after the date 7/2/2012 when it was published in the Official Gazette. (2) This paragraph was abolished by Constitutional Court Decision dated 15/3/2012 and P.: 2011/116, D.: 2012/39 from the point of "children", and it was ensured that this decision came into effect one year after the date 21/7/2012 when it was published in the Official Gazette.
IV. Consent and age of the minor Article 308- It is necessary that the adopted child be at least eighteen years younger than the adopter. The minor with mental competence shall not be adopted without consent. The minor under guardianship can be adopted through permission of guardianship authorities regardless of whether the minor has mental competence.
V. Consent of the mother and father
1.Form Article 309- Adoption shall necessitate consent of the mother and father of the minor. Consent shall be granted verbally or in written and be written down in the minutes in the court where the minor or his/her mother and father has domicile. The consent granted shall be valid even if adopters or their names have not been determined or their names have not been specified yet.
2. Time Article 310- Consent shall not be given until six weeks have passed as of the birth of the minor. Consent can be withdrawn within six weeks through the same procedures as of the date when it was written down in minutes. Consent granted again after withdrawal shall be final.
3. Not seeking for consent
a. Conditions Article 311- Consent of the mother or father shall not be sought for in the following circumstances: l. If it is unknown who he/she is or where he/she resides or if he/she permanently lacks mental competence, 2. If he/she does not undertake due diligence for the minor.
b. Decision Article 312- If the minor is placed in an institution to be adopted in the future and consent of the mother or father is lacking, upon request of the adopter or intermediary institution for adoption and before placement of the minor as a rule, the court where the minor resides shall decide whether to seek for the said consent or not. In other circumstances, decision about this matter shall be made at the time of adoption procedures. In the case that consent of the mother or father is not sought for as they do not undertake due diligence for the minor, he/she shall be notified of the decision about this issue in written.
B. Adoption of persons of age and under legal disability Article 313- (Amended first sentence: 3/7/2005-5399/1 art.) Through express assent of descendants of the adopter a person of age or under legal disability can be adopted in the following circumstances. 1. If the person in question is in constant need of help due to a physical or mental disability and has been cared for by the adopter for at least five years,(1) (1) 2. If the person in question was cared for as a minor for at least five years and provided with education by the adopter, 3. If there are other valid grounds and the person to be adopted has lived for at least five years together with the adopter as a family, (1) Through article 1 of Law No 6462 and dated 25/4/2013 the phrase «defect" featuring in this clause was amended as "disability".
A married person can only be adopted with the consent of his/her spouse. Other provisions regarding adoption of minors shall apply mutatis mutandis.
C. Provisions Article 314 – Rights and obligations of the mother and father shall pass onto the adopter. The adopted child shall be legal heir to the adopter. If the adopted child is a minor, he/she shall take on the surname of the adopter. If the adopter wishes, he/she can rename the child. The adopted child who is of age can take on surname of the adopter if he/she wishes. In the register of minors who are jointly adopted by the spouses and who do not have mental competence names of adoptive spouses shall be written down as parents. In order not to prejudice inheritance and other rights of the adopted child and to maintain family ties, all kinds of links are established between the former family tree of the adopted child and family tree of the adopter. In addition, the final decision about the adopted child shall be written down in both registries. Records, documents and information regarding adoption shall not be disclosed under any circumstances unless there is a court decision or the adopted child wants.
D. Form and procedure
I. In general terms Article 315- The decision regarding adoption shall be made by the court where the adopter has domicile and for joint adoption by the court where one of the spouses has domicile. Adoptive relationship shall be established by court decision. Death of the adopter or his/her loss of mental competence following the application made for adoption shall not constitute an obstacle for adoption if this does not affect other conditions. If the minor comes of age following the application, provisions regarding adoption of minors shall apply provided that its conditions have already been met.
II. Inquiry Article 316- The decision regarding adoption shall be made only after a thorough inquiry is made about all kinds of conditions and circumstances of essence, and the adopted child and the adopter are heard and experts' opinions are received when necessary. The inquiry should especially focus on clarifying personalities of the adopted child and adopter, their mutual relationship, the ability of the adopter to educate, reasons for adoption and developments as for family relations and care relations. If the adopter has descendants, their opinions and stance on adoption shall also be appraised.
E. Revocation of adoptive relationship
1. Lack of consent Article 317- If the consent is not received without a legal ground, the persons to grant consent can demand that the judge revoke adoptive relationship if interests of the child are not be prejudiced by this act.
2. Other shortcomings Article 318- If adoption is flawed due to a substantive shortcoming, the public prosecutor or anyone concerned can demand that adoptive relationship be revoked. If shortcomings no longer exist or if they are only procedural and revocation of adoptive relationship is to prejudice interests of the adopted child severely, this action shall not be taken.
II. Lapse of time (1) Article 319- The right to sue shall cease to be within one year (...) (1) as of the date the reason for revocation of adoptive relationship is learnt about.(1)
F. Intermediation for adoption procedures(2) Article 320- Intermediation for adoption of minors can only be undertaken by institutions authorized by the President of the Republic. (2) Matters regarding conducting intermediary activities shall be regulated by regulations issued by the President of the Republic. (2)
PROVISIONS OF PARENTAGE
A. Surname Article 321- If mother and father are married, the child shall take on (...)(3) surname of the family. (3)(3)
B. Mutual obligations Article 322- Mother, father and child shall be obliged to help one another, to show respect and consideration as necessitated by peace and integrity of the family and to protect dignity of the family.
C. Personal relationship with the child
I. With mother and father
1. Rule Article 323- Each one of mother and father shall have the right to establish an appropriate personal relationship with the child who is not under custody of him/her.
2. Limitations Article 324- Each one of mother and father shall be obliged to refrain from damaging the other's personal relationship with the child and preventing education and upbringing of the child. If peace of the child is at stake due to personal relationship or mother and father use their rights in defiance of their obligation stipulated in paragraph one or they don't take care of the child as they should or if there are other important reasons, the right to establish personal relationship can be denied or withdrawn.
II. With third parties Article 325- If there are extraordinary circumstances, the right to establish personal relationship with the child can be granted to third parties and especially relatives of the child to the extent it is in line with interests of the child. Limitations stipulated for mother and father shall apply for third parties mutatis mutandis.
III. Jurisdiction Article 326- For all regulations regarding establishment of a personal relationship with the child, the court where the child has domicile shall also be the court of competent jurisdiction. Authorization rules for divorce and maintenance of the union of marriage shall be reserved. Until a regulation is made regarding personal relationship with the child, personal relationship shall not be established without consent of the person having the right of custody or the person taking care of the child. (1) The phrase " ...in any circumstances within five years as of adoption procedures..." was abolished by Constitutional Court Decision dated 27/12/2012 and P: 2012/35, D: 2012/203 and this decision came into effect within six months as of the date this decision was published in the Official Gazette. (2) The phrase "by the Council of Minister" featuring in paragraph one of this article was amended as "by the President of the Republic" and the phrase "through bylaw" featuring in paragraph two of this article was amended as "through regulation to be issued by the President of the Republic" through article 139 of Decree Law no. 700 and dated 2/7/2018. (3) The phrase "if not married that of the mother" featuring in sentence one of this article was abolished by Constitutional Court Decision dated 2/7/2009 and P.: 2005/114, D.: 2009/105.
D. Covering care and education expenses of children
I. Scope Article 327- Expenses necessary for care, education and protection of children shall be covered by mother and father. If mother and father are poor or exceptional circumstance of the child entails extraordinary expenses or there is any other extraordinary ground, they can spend an appropriate amount out of properties of the child for care and education expenses with permission of the judge.
II. Term Article 328- Care obligation of mother and father shall continue by the time the child comes of age. If education of the child is ongoing even though he/she is of age, mother and father shall be obliged to take care of the child until the end of his/her education to the extent permitted by their conditions.
III. The right to sue Article 329- Mother or father taking care of the child de facto can file an alimony lawsuit on behalf of the child against the other one. For a minor without mental competence the alimony lawsuit can also be filed by a curator to be appointed or guardian when necessary. Minor with mental competence can also file an alimony lawsuit.
IV. Determination of the amount of alimony Article 330- The amount of alimony shall be determined by taking into account the child's needs and living conditions of mother and father and their ability to pay. When determining the amount of alimony, revenues of the child shall also be taken into consideration. Alimony shall be paid in cash on a monthly basis. Upon request, the judge can make a decision about the amount of alimony to be paid in the form of revenue in the upcoming years as per social and economic conditions of the parties.
V. Change of conditions Article 331- In case of a change of conditions, the judge shall redetermine the amount of alimony or revoke it upon request.
VI. Interim measures
1. In general terms Article 332- When a lawsuit for alimony is filed, the judge shall take the necessary measures during the course of the trial upon request of the plaintiff. If parentage is established, the judge may decide that the defendant store up an appropriate amount of alimony or pay it ad interim.
2. Before establishment of paternity Article 333- If alimony is requested along with paternity suit and the judge is of the opinion that there is a strong probability of paternity, the judge may decide on an appropriate amount of alimony for the child's needs before the decision. . VII. Giving guarantee Article 334- If mother and father do not fulfill their alimony obligations persistently or it is established that they are getting ready to flee, they spend their assets randomly or waste them, the judge may decide that an appropriate guarantee be given for future alimony obligations or other measures be taken when necessary.
A. In general terms
I. Conditions Article 335- The child who is not of age is under custody of mother and father. Custody shall not be relieved of mother and father without a legal ground. If the judge does not deem appointment of a guardian necessary, children of age who are under legal disability shall also remain under custody of mother and father.
II. If mother and father are married to each other Article 336- Mother and father shall have custody together as long as the marriage continues. If common life is terminated or judicial separation has taken place, the judge can award custody to one of the spouses. In case of death of one of mother and father, custody shall be awarded to the surviving spouse and in case of divorce, it shall be given to the party who is left with the child.
III. If mother and father are not married to each other Article 337- If mother and father are not married to each other, mother shall have the custody. If mother is deceased, a minor, under disability or if custody is relieved of the mother, the judge may appoint a guardian or award custody to father as per interests of the child.
IV. Stepchildren Article 338- Spouses shall also be obliged to take care of their stepchildren who are not of age. The spouse shall help the other one having custody of his/her own child properly. The said spouse shall represent the child for his/her needs to the extent entailed by the conditions.
B. Scope of custody
I. In general terms Article 339- Mother and father shall make the necessary decisions about case and education of the child by taking the child's interests into account and implement them. Mother and father shall enable the child to put his/her life in order in line with his/her maturity and take into account the child's opinions about important issues as much as possible. The child shall not abandon home without consent of his/her mother and father and shall not be taken from them without a valid ground. The child shall be named by mother and father.
II. Education Article 340- Mother and father shall educate their child in line with their resources and ensure and maintain physical, mental, psychological, moral and social development of the child. Mother and father shall provide the child especially those with physical and mental disabilities with general education and vocational training in line with the child's abilities and tendencies. (1)(1)
III. Religious education Article 341- Mother and father shall have the right to determine religious education of the child. All kinds of contracts limiting the rights of mother and father about this issue shall be invalid. The child who is of age shall be free to choose his/her own religion.
IV. Representation of the child Article 342- Mother and father shall be legal representatives of their child to third parties within the scope of custody. Well-intentioned third parties may assume that each one of the spouses takes action with the consent of the other one. Except for issues that are subject to permission of guardianship authorities, provisions with regards to representation of those under legal disability shall also apply to representation when custody is in question.
V. Child's capacity to act Article 343- The capacity to act of the child under custody shall be similar to that of a person under guardianship. The child shall be liable for his/her debts with his/her own assets regardless of rights of mother and father on their child's assets.
VI. Representation of the family by the child Article 344- If the child under custody has mental competence, he/she can undertake legal transactions on behalf of the family with consent of his/her mother and father; mother and father shall incur the debts stemming from such action.
VII. Legal transactions between the child and mother and father Article 345- The child incurring the debts as a result of a legal transaction to be undertaken between the child and mother or father or between the child and a third party for the benefit of mother and father shall be subject to participation of a curator and approval of the judge.
C. Protection of the child
I. Protection measures Article 346- If interests and development of the child are at stake and mother and father cannot come up with a solution or cannot afford a solution, the judge shall take the appropriate measures for protection of the child.
II. Placement of children Article 347- If physical and mental development of the child is deemed to be at stake or the child is abandoned morally, the judge may take the child from his/her mother and father and place with a family or in an institution. If the child remaining within the family impairs the peace of the family to such an extent that they cannot be expected to bear it and if there is no other solution as per the conditions, the judge can take the same measures upon request of mother and father or the child. If mother and father and the child cannot afford it, the expenses entailed by these measures shall be covered by the State. Provisions regarding alimony shall be reserved.
(1) Through article 1 of Law No 6462 and dated 25/4/2013 the phrase «defective" featuring in this clause was amended as "disabled".
III. Revocation of custody
1. In general terms Article 348- If other measures taken to protect the child are inconclusive or if it is established beforehand that these measures are inadequate, the judge shall decide on revocation of custody in the following circumstances: 1. (Amended: 1/7/2005-5378/38 art.) Inexperience, illness of mother and father, being somewhere else or a similar reason causing mother and father not to fulfill his/her duties of custody properly. 2. Mother and father not taking care of their child adequately or heavily neglecting their obligations towards him/her. If both mother and father are relieved of custody, a guardian shall be appointed for the child. Unless otherwise specified in the decision, revocation of custody shall include all the children present and to be born.
2. In case mother and father are remarried Article 349- The mother or father having custody remarrying shall not necessitate revocation of custody. However, as per interests of the child the person having custody may change and as per conditions, custody can be revoked and a guardian may be appointed for the child.
3. Obligations of mother and father in case of revocation of custody Article 350- In the case that custody is revoked, obligations of mother and father to cover care and education expenses of the child shall continue. If mother and father cannot afford it, these expenses shall be covered by the State. Provisions regarding alimony shall be reserved.
IV. Change of conditions Article 351- In case of change of conditions, it is necessary that measures taken to protect the child be adapted to new conditions. If the reason entailing revocation of custody no longer exists, the judge may award custody back ex officio or upon request of mother or father.
PROPERTIES OF CHILDREN
I. In general terns Article 352- Mother and father shall have the right and be obliged to manage properties of their children as long as they have their custody. As a rule, they shall not be held to account and give guarantee. If mother and father do not fulfill their obligations, the judge shall intervene.
II. In case of dissolution of marriage Article 353- The spouse having the custody after dissolution of marriage shall be obliged to submit a book showing the inventory of the child's properties to the judge and notify the judge of important changes in the said assets or investments made.
B. Right of usufruct Article 354- Mother and father can make use of the child's properties unless their custody is revoked due to their fault.
C. Disbursement of revenues Article 355- Mother and father can spend revenues of the child's properties primarily for care, upbringing and education of the child and to meet family needs to the extent permitted by equity. Surplus revenues shall be included in properties of the child.
D. Partial disbursement of the child's properties Article 356- Payments in the form of capital, compensations and similar deeds can be used partially for care of the child to the extent necessitated by ordinary needs. If there is an obligation for care, upbringing and education of the child, the judge may provide mother and father with the authority to resort to other properties of the child as per amounts determined by the judge.
E. Free properties of the child
I. Acquisitions Article 357- Mother and father shall not spend revenues of acquisitions made on the condition that an investment account yielding interest or savings account is opened or mother and father do not make use of it for their own benefit. Unless otherwise stipulated by the person enabling the acquisitions, mother and father shall have the right to manage these acquisitions.
II. Reserved share Article 358- Reserved share of the child can exclude management by mother and father through dispositions mortis causa. If management is conferred to a third person by the legator, it can be stipulated in the disposition that the said person be brought to account at certain times before the civil magistrate.
III. Property and personal gain conferred for a profession or an art Article 359- Management of a part of the child's property or his/her own personal gain conferred to a child by his/her mother and father for performance of a profession or an art and the right of usufruct shall lie with the child. If the child lives in the same house as his/her mother and father together, his/her mother and father may demand that the child make an appropriate amount of contribution for his/her care.
F. Maintenance of the properties of the child
I. Measures Article 360- If mother and father do not show due diligence to manage the properties of the child irrespective of the reason, the judge shall take the appropriate measures for maintenance of the properties. The judge can give instructions especially about management of the properties. If the judge is of the opinion that information and account provided at certain times is not enough, the judge may decide that the properties be handed over or a guarantee be given. II. Relieving mother and father of management Article 361- If endangerment of properties of the child cannot be prevented in any other way, the judge may decide that management be handed over to a curator. If properties of the child, management of which does not belong to mother and father are at stake, the judge may decide to take the same measures. If the judge has doubts about whether revenues of or a certain amount allocated out of the properties of the child are to be spent as per law, the judge may also entrust their management to a curator.
G. Termination of management
I. Alienation of properties Article 362- When the rights of custody or management of mother and father are terminated, properties of the child shall be alienated to the child who is of age, his/her guardian or curator along with the account of the properties.
II. Liability of mother and father Article 363- Mother and father shall be liable as trustees in restitution of properties of the child. In line with the principle of honesty, they shall be liable to restitute only the amount they received in return for the properties alienated to other people. They shall not be liable to pay compensation for the amounts spent for the child or for the family as per law.
A. Alimony obligators Article 364- Everyone shall be obliged to pay alimony to one's ascendants, descendants and siblings who may be driven to poverty without help. Alimony obligations of siblings shall depend on whether they are affluent. Provisions regarding debts incurred for care of spouse and mother and father shall be reserved.
B. The right to sue Article 365- Alimony lawsuit shall be filed taking into account the sequence for heirdom. The lawsuit shall be about requesting an appropriate amount of maintenance payment that can be afforded by the opposing party and that is necessary for subsistence of the plaintiff. If requesting alimony from one or a few of the obligators is contrary to the principle of equity, the judge may reduce or revoke their alimony obligation. The lawsuit can also be filed by official institutions or institutions working for public wellbeing that take care of the alimony payee. Upon request, the judge can make a decision about the amount of alimony to be paid in the form of revenue in the upcoming years as per social and economic conditions of the parties. The court of competent jurisdiction shall be the court where one of the parties has domicile.
C. People in need of protection Article 366- Care of people in need of protection shall be provided by institutions charged with their care. The institutions can request the expenses made from relatives who are alimony obligators.
A. Conditions Article 367- If the community comprising many people living together as a family has a household head determined as per law, contract or customs, the household head shall have the authority to manage the house. The authority to manage the house shall encompass all that live together as household within the scope of kinship by blood or kinship by marriage, labor, apprenticeship or similar reasons or protection and surveillance.
I. Household order and surveillance Article 368- People living together shall be subject to household order. Interests of each household member shall be observed in an equitable manner. Each household member shall enjoy liberties necessary especially for their studies, education, religious beliefs, profession and art. The household head shall be liable to protect and ensure security of the goods of people living together in the house.
II. Responsibility Article 369- The household head shall be liable for the damages done by the minor, person under disability, person with mental disorder or weakness of mind who are also members of the household unless the household head proves that the said persons were under surveillance as necessitated by the conditions with due diligence or that he/she couldn't prevent the damages even if due diligence was shown. The household head shall be liable to take the necessary measures to make sure that members of the household with mental disorder or weakness of mind do not pose a danger or cause a loss for themselves or others. In case of emergency, the household head shall demand necessary measures be taken by the competent authority.
III. Offsetting receivable of the descendant
1. Conditions Article 370- Descendants who are of age and allocate their efforts or revenues to the family and who live together with their mother and father or grandmother and grandfather can demand an appropriate amount in return. In case of dispute, the judge shall decide on the amount, the form of payment and its securing.
2. Request Article 371- The descendant can request this amount in case of death of the debtor. The payee can request this receivable while the debtor is alive in the case that they no longer live together or the enterprise has passed in to other hands, executive proceedings are initiated against the debtor or the debtor goes bankrupt. This receivable is not time barred. However, it can be requested until distribution of inheritance of the debtor at the latest.
A. Family foundation Article 372- A family foundation can be established as per provisions of law of persons and law of succession in order to spend the amounts necessary for education and studies, equipment and support and for similar purposes. It is forbidden that a property or right be allocated so that it is handed down from one generation of the same descent to the next. Such an allocation shall not be undertaken by way of establishing a foundation either.
B. Community of family properties
1. Conditions Article 373- Relatives can establish a community of family properties with a part of or the whole inheritance or by putting forth other properties.
2. Form Article 374- It is necessary that community of family properties contract be drawn up officially and be signed by all the sharers or their representatives.
II. Term Article 375- Community of family properties can be established for a fixed or indefinite term. If the duration is not determined, each one of the sharers can leave this community provided that a notice is given six months beforehand. For a community regarding an agricultural enterprise, this notice shall only be valid for the end of ordinary harvest season depending on where the products are cultivated.
III. Provision 1. Joint enterprise Article 376- Community of family properties shall join the sharers together in order to engage in economic activities. Unless otherwise agreed, each one of the sharers shall have equal rights. As long as the community continues, the sharers shall not demand their shares, nor can they carry out acts of disposal on those shares.
2. Management and representation a. In general terms Article 377- Community of family properties shall be managed jointly by all the sharers. Each one of the sharers can undertake ordinary management work without the need for participation of other sharers.
b. The manager's authority Article 378- The sharers can appoint one of them as manager of the community. The manager shall manage the community and represent it in transactions related to community. Unless representative of the community is registered with trade register, it cannot be asserted towards well-intentioned third parties that other sharers do not have a representative authority.
3. Common properties and personal properties Article 379- The sharers shall be joint owners of the properties being a part of the community. The sharers shall be jointly and severally liable for debts of the sharers. Unless otherwise agreed, properties excluded by the shares from the community and unless otherwise decided properties obtained through unrequited acquisitions or by inheritance during the course of community shall be their personal properties.
IV. Termination of community
1. Grounds Article 380- Community shall be terminated in the following circumstances: 1. If all the sharers come to an agreement or make a notice about termination, 2. If duration of community expires unless it is explicitly or implicitly extended, 3. If share of one of the sharers is seized and is to be sold, 4. If one of the sharers goes bankrupt, 5. If one of the sharers has a request that is based on a valid ground.
2. Termination notice, insolvency, marriage Article 381- If one of the sharers makes a termination notice or goes bankrupt or seized share of one of the sharers is to be sold, the remaining sharers can sustain the community among themselves by paying the share of the sharer having left or the share of the payees. The sharer who got married can demand that his/her share of community be paid to him/her without the need for termination notice.
3. In case of death Article 382- In case of death of one of the sharers, his/her heirs who are not included in the community can only demand that the amount corresponding to the share of the deceased sharer be paid to them. If the deceased sharer appointed his/her descendant co-heir, they can be included in the community with the consent of the other sharers.
4. Apportioning rules Article 383- Apportioning properties of community or calculating the properties of the sharer having left the community shall be conducted based on the value and state of the properties of community at the time of apportioning the properties or leaving the community. Apportioning and settlement of account shall not be requested at an inconvenient time.
V. Community of family properties with dividend share
1. Matter Article 384- The sharers can concede representation of the community and operation of the properties of community to one of the sharers though a contract to be made amongst themselves and on condition that a certain amount be given to them out of annual proceeds. If the said amount is not established through a contract, it shall be determined in an equitable manner by taking into account the average amount of proceeds brought about by the properties in the long run and work of the sharer operating the properties and expenses made by him/her.
2. Specific grounds for termination Article 385- If the sharer undertaking representation and operation does not operate the properties properly or does not fulfill his/her obligations, the sharers shall have a right to request termination of the community. Upon request of one of the sharers based on a valid ground, the judge may decide that the said sharer participate in management and enjoyment of properties of community along with the sharer undertaking representation and operation. Rules regarding community jointly run by the sharers shall also apply to community of family properties with dividend share.
I. In general terms Article 386- Dwelling houses, immovable properties suitable for agriculture or industry can be turned into homestead along with their extensions.
II. Establishment 1. Conditions Article 387- Size of the immovable properties to be turned into homestead shall not be more than what is enough for subsistence and accommodation of a family regardless of the right of mortgage on the properties and other properties of the owner. The owner shall be obliged to operate the immovable property or the facility on it or reside in the dwelling house unless it is deemed to be a temporary exception by the court based on valid grounds.
2. Procedure and form
a. Announcement Article 388- Creditors and people whose rights may be prejudiced due to establishment of homestead shall be summoned through an announcement to be made by the court before establishment to raise an objection within two months. The case shall be notified to those whose receivables are guaranteed through mortgage of immovable properties and seized creditors.
b. Protecting the rights of third parties Article 389- If the necessary conditions exist in order for the immovable property to be turned into homestead and third parties do not object to establishment of homestead or the objection is deemed to be wrongful, the court shall allow for its establishment. Unless it is proven that the creditors having raised an objection in due time are no longer relevant and related to the case or mortgages and seizures on the immovables are revoked, establishment of homestead shall not be permitted. Even if the debt has a due date in favor of the objecting party or the pledgee, the debtor who wants to establish a homestead can make the payment immediately.
c. Putting an annotation on the land registry Article 390- Turning an immovable property into homestead shall only be possible by putting an annotation on the land registry of the said immovable property regarding the court decision about permission. This matter shall be declared by the court.
1. Limitation of the right of disposition Article 391- Immovables turned into homestead shall not be alienated, put in pledge and leased. Compulsory execution shall not be enforced for homestead and its extensions without prejudice to management by the court.
2. Taking blood relatives in the homestead Article 392- The court may decide that the owner of the homestead take in his/her ascendants, descendants and siblings who are in need of help due to poverty and who have nothing that stands in the way of them being taken in the homestead.
3. Insolvency of the owner Article 393- If the owner becomes insolvent, a manager shall be appointed by the court to manage the homestead. The manager shall manage the homestead in the interest of its purpose and creditors. Creditors shall get their due based on the date on proof of insolvency and the sequence in terms of bankruptcy.
1. In case of death of the owner Article 394- Maintaining the homestead as it is after death of the owner shall depend on a disposition mortis causa regarding passing the immovable property on to the heirs as homestead. If there is no such disposition, annotation on the land registry with regard to homestead shall be removed after death of the owner.
2. While the owner is alive Article 395- The owner can terminate the homestead while he/she is alive. The owner shall apply to court with a petition in order to deregister from the land registry and this request shall be declared by the court. If no objection is raised within two months as of the date of announcement or the objection is deemed to be unjust, the court shall allow for deregistration.
ORGANS OF GUARDIANSHIP
A. In general terms Article 396- Organs of guardianship shall comprise guardianship authorities, guardian and curator.
B. Guardianship authorities
I. Public guardianship Article 397- Public guardianship shall be conducted by guardianship authorities composed of guardianship board and supervisory authority. Guardianship board is civil court of peace, supervisory board is civil court of first instance.
II. Special guardianship
1. Conditions Article 398- Guardianship can be given to a family exceptionally when it is justified by interests of the person under guardianship especially when it is necessary to maintain a community, an enterprise or similar work. In this case authority, duties and responsibilities of the guardianship board shall be handed over to a family council to be established.
2. Establishment Article 399- Special guardianship shall be established by the supervisory authority upon request of two close relatives with capacity to act of the person under guardianship or one relative and his/her spouse.
3. Family council Article 400- Family council shall be composed of at least three relatives of the person under guardianship who are qualified to be guardian and they shall be appointed by the supervisory authority for a four-year term. Spouse of the person under guardianship can also be a member of the family council.
4. Guarantee Article 401- Members of the family council shall give guarantee that they are to fulfill their duties properly. Special guardianship shall not be established without ensuring guarantee.
5. Termination Article 402- If the family council does not fulfill its duties or interest of the person under guardianship necessitates, the supervisory authority can always change the family council or terminate special guardianship.
C. Guardian and curator Article 403- The guardian shall be liable to protect all the interests of the minor or person under legal disability under guardianship regarding their personality and asset and to represent them in legal transactions. Curator shall be appointed to undertake certain work or to manage the assets. Provisions of this law regarding guardian shall also apply to curator unless otherwise specified.
A. Statutory property regime Article 202- Applying the provision of participation in acquired property between the spouses shall be of essence. Spouses can agree on one of the other property regimes prescribed by law through contractual property regime.
B. Marital property contract
I. Content of the contract Article 203- Marital property contract can be concluded before or after the marriage. The parties can determine, terminate or modify the property regime of their choice within the boundaries of law.
II. Competency to contract Article 204- Marital property contract can only be concluded by those having mental competence. The minors and persons under legal disability shall obtain the consent of their legal representatives.
III. Form of the contract Article 205- Marital property contract can be drawn up in notary public or by means of approval. However, the parties can notify the relevant authorities of their choice of matrimonial property regime in written at the time of marriage application. It is obligatory that the marital property contract be signed by the parties and by their legal representatives when necessary.
C. Extraordinary property regime
I. Upon request of one of the spouses
1. Decision Article 206- Upon request of one of the spouses, the judge can order a separation of property if there is a valid ground to that end. A valid ground shall exist especially in the following circumstances: 1. If the other spouse is deep in debt or their share of the common property is seized, 2. If the other spouse has endangered the interests of the requesting party or of the marital union, 3. If the other spouse withholds the consent required for an act of disposal on the common property without a valid ground, 4. If the other spouse refuses to provide the requesting party with information on the income, assets, debts or their common property, 5. If the other spouse permanently lacks mental competence. If one of the spouses permanently lacks mental competence, his/her legal representative can request separation of property based on this ground.
2. Jurisdiction Article 207- The court where one of the spouses has domicile shall be the competent court of jurisdiction.
3. Renouncing separation of property Article 208- Spouses can always adopt the former or another property regime through a new marital property contract. If there is no longer a ground for transition to separation of property regime, the judge can decide to revert to the former property regime upon request of one of the spouses.
II. In case of compulsory execution
1. Bankruptcy Article 209- If one of the spouses having agreed on the community of property goes bankrupt, the regime shall be turned into separation of property ipso facto.
2. Confiscation Article 210- If the creditor having commenced execution proceedings against one of the spouses having agreed on the community of property incurs losses in enforcement of confiscation, the creditor can demand separation of property of the judge. Request of the creditor shall be directed at both spouses. The court competent of jurisdiction shall be where the creditor has domicile.
3. Reverting to the former regime Article 211- If the creditor is satisfied, the judge can order reestablishment of community of property upon request of one of the parties. The spouses can agree on participation in acquisitions through marital property contract.
III. Dissolution of the former regime Article 212 – If the spouses opt for separation of property, dissolution of the former regime between the spouses shall be conducted as per this regime unless otherwise stipulated in the law.
D. Protecting creditors Article 213 – Establishment, modification of the property regime or dissolution of the former one shall not exonerate the property on which the creditors of one of the spouses or of the community can get their due. The spouse having taken on such property shall be personally liable for debts. However, if the said spouse proves that the said property does not suffice to pay the debt, they can elude responsibility to that extent.
E. Jurisdiction in division of property regime lawsuits Article 214 – The following courts shall be the courts of competent jurisdiction for lawsuits regarding division of property regime between the spouses or heirs: 1. In the case that property regime is terminated due to death, the court where the deceased had the latest domicile, 2. In case of divorce, nullity of marriage or in case the judge rules for separation of property, the courts that are competent for these lawsuits, 3. In other circumstances the court where the defendant spouse has domicile.
F. Management of the property of one spouse by the other one Article 215 – In the case that one of the spouses hands over management of the property to the other one explicitly or implicitly, provisions of procuration shall apply unless otherwise agreed.
G. Inventory Article 216- One of the spouses can always demand of the other one that an inventory of the property be made through an authenticated deed. If this inventory has been made within one year as of the receipt of the property, this inventory shall be considered accurate unless proven otherwise.
H. Debts between the spouses Article 217- Property regime shall not prevent debts between the spouses from being due and payable. However, if payment of a debt can put the spouse in debit in difficulty in such a way as to endanger the union of marriage, the said spouse can ask for time for the payment. If the conditions entail, the judge shall make sure that the spouse making the request be incumbent to give guarantee.
PARTICIPATION IN THE ACQUIRED PROPERTY
A. Ownership I. Scope Article 218- Participation in the acquired property regime shall encompass the acquired property and personal property of each one of the spouses.
II. Acquired property Article 219- Acquired property shall comprise assets which are acquired by each spouse in return for recompense during the matrimonial property regime. Acquired property of a spouse shall comprise especially the following: 1. Acquisitions in return for the efforts made, 2. Benefits received from social security or social welfare institutions or funds and the like that aim to help the personnel, 3. Compensation paid for the loss of earning capacity, 4. Income derived from personal properties, 5. Assets corresponding to the acquired properties.
III. Personal properties
1. As per law Article 220- The following shall constitute personal properties as per law: 1. Goods utilized only for personal use of one of the spouses, 2. Properties that belonged to one of the spouses at the beginning of the property regime or properties that one of the spouses inherited subsequently or properties acquired in an unrequited manner, 3. Receivables of non-pecuniary damages, 4. Assets corresponding to the acquired properties. 2. As per the contract
Article 221- Through marital property contract, spouses can agree on the fact that properties acquired by way of performing a profession or operation of an enterprise that should be included in the acquired properties shall be deemed personal properties. Through marital property contract, spouses can also agree on the fact that revenue derived from personal properties is not included in the acquired properties.
IV. Proof Article 222 – Any person claiming that a certain property belongs to one of the spouses shall be obliged to prove his/her claim. Properties, ownership of which cannot be proven shall be deemed to be joint ownership of the spouses. All the properties of a spouse shall be deemed acquired property until proven otherwise.
B. Management, enjoyment and act of disposal Article 223 – Each one of the spouses shall have the right to manage, enjoy and carry out an act of disposal on the acquired properties within legal boundaries. Unless otherwise agreed, one of the spouses shall not carry out an act of disposal on the property with joint ownership without the consent of the other party.
C. Liabilities to third parties Article 224 – Each one of the spouses shall be liable for their own debts with all their assets.
D. Termination of the property regime and dissolution
I. Moment of termination Article 225 – Matrimonial property regime shall be terminated by death of one of the spouses or adoption of another property regime. If the court rules for dissolution of marriage due to nullity or divorce or separation of property, the property regime shall be terminated as of the date of the lawsuit.
II. Reclaim of the properties and debts
1. In general terms Article 226 – Each one of the spouses shall reclaim his/her properties from the other spouse. During dissolution if there is a property with joint ownership, one of the spouses can enjoy facilities stipulated by law and also demand that the said property be granted to him/her by paying the share of the other one and proving that it is in his/her best interests. Spouses can make arrangements regarding their mutual debts.
2. Value increment share Article 227 – If one of the spouses has contributed to acquisition, improvement or maintenance of a property that belongs to the other one free of charge or without getting an appropriate amount of recompense, the said spouse shall have a right to claim an amount in proportion to value increment share of this property during dissolution and the amount shall be calculated based on the value of the said property during dissolution. If there is a loss in value, initial value of the contribution shall be taken as the basis. If such a property is sold off, the judge shall determine the sum to be paid to the other spouse in an equitable manner. Through a written agreement spouses can renounce taking a share of the value increment and change the share rate.
III. Calculating shares of the spouses
1. Separation of personal properties and acquired properties Article 228- Personal properties and acquired properties of spouses shall be separated based on their status at the time of termination of property regime. Instead of full payment made or compensation paid for loss of earning capacity to one of the spouses by social security or social welfare institutions; if the said spouse was endowed with revenue for life as per the procedures of social security or social welfare institutions, the value of the revenue for the upcoming period as cash fund at the time of termination of the property regime shall be taken and taken into account as personal property of the same amount during dissolution.
2. Assets to be added Article 229- The following shall be added as assets to the acquired properties: 1. Unrequited acquisitions obtained by one of the spouses except for ordinary gifts without consent of the other spouse within the year preceding termination of the property regime, 2. Alienation of properties undertaken by one of the spouses in order to decrease the amount to be granted to the other spouse during marital property regime. In disputes regarding such acquisitions and alienation of properties, the court decision can be asserted towards third parties enjoying the said acquisitions and alienation of properties provided that they are notified of the lawsuits.
3. Offsetting personal properties and acquired properties Article 230- If debts stemming from personal properties of one of the spouses are paid out of acquired properties or debts stemming from acquired properties are paid out of personal properties, offsetting can be requested at the time of dissolution. Each debt shall put the property it is related to under obligation. If it is unclear where the debt stems from, it shall be deemed to be stemming from acquired properties. If contribution is made by one category of property to the other in terms of acquisition, improvement or maintenance of the property, offsetting shall be conducted as per contribution rate and value of the property at the time of dissolution in case of an increase or a decrease in value or if the said property is sold off, it shall be done in an equitable manner.
4. Residual value Article 231- Residual value shall be the amount obtained after debts related to properties are subtracted from the total value of acquired properties of both spouses including the amounts acquired through adding and offsetting. Decrease in value shall not be taken into account.
IV. Determination of the value
1. Current market rate Article 232- Current market rates of properties shall be taken as the basis in division of property regime.
2. Earning value
a. In general terms Article 233 – Participation receivable and share to be obtained from an increase in value for an agricultural enterprise run by one of the spouses in person and as the owner or entire allocation of which a surviving spouse or one of the descendants is right to request shall be calculated based on their earning value. Owner or heirs of the agricultural enterprise can demand that share of increase in value or contribution amount for the other spouse be calculated based only on current market rate of the enterprise. Provisions of law of succession regarding calculation and payment of shares to the heirs out of earnings of the enterprise shall apply mutatis mutandis.
b. Special conditions Article 234- If special conditions require so, the calculated value can be increased by an appropriate amount. Especially living conditions of the surviving spouse, purchase value of the agricultural enterprise and investments made by the spouse who is owner of the agricultural enterprise or financial situation shall be among special conditions.
3. Moment of assessment Article 235- Acquired properties available at the time of dissolution of the property regime shall be taken into account with their value at the time of dissolution. The value to be added to the acquired property shall be calculated taking the date when the property is alienated as the basis.
V. Participation in the residual value
1. As per law Article 236- Each one of the spouses or their heirs shall be right holders of half of the residual value. Receivables shall be exchanged. In case of divorce due to adultery or attempt at life, the judge may decide to revoke or reduce the share of the spouse at fault in residual value in an equitable manner.
2. As per the contract
a. In general terms Article 237- About participation in residual value another principle can be adopted through a marital property contract. Such contracts shall not prejudice reserved shares of noncommon children of spouses and their descendants.
b. In case of nullity, divorce or separation of property through court decision Article 238- If the court rules for nullity or dissolution of marriage due to divorce or separation of property, agreements that are different from regulation on participation in residual value in the law shall only be valid if this is clearly stipulated in marital property contract.
VI. Payment of participation receivable and value increase share
1. Payment and deferral Article 239- Participation receivable and value increase share can be paid in cash or in kind. For payment in kind, current market rate of the properties is taken as the basis. Economic integration of enterprises and units dedicated to performing a profession shall be observed. If immediate payment of participation receivable and value increase share is to cause serious difficulties for the spouse in debit, she/he can ask for a deferral. Unless otherwise agreed, interest shall be applied to participation receivable and value increase share as of termination of dissolution. The debtor can also be asked to provide guarantee if the conditions require so.
2. Matrimonial home and household goods Article 240- To continue his/her life, the surviving spouse can demand that he/she be granted the right of habitation or usufruct on the matrimonial property that belonged to the deceased spouse and both spouses lived together by setting off the participation receivable and paying an extra amount if it is not enough without prejudice to other regimes adopted through marital property contract. Under the same conditions, the surviving spouse can request right of property on household goods. If there are valid grounds, right of property on the matrimonial property can be granted instead of right of usufruct or habitation upon request of the surviving spouse or legal heirs of the deceased spouse. The surviving spouse shall not enjoy these rights on sections of the property where the legator performed a profession or art and on sections of the property which are necessary for the descendants to perform the same profession or art. Provisions of law of succession for agricultural immovables shall be reserved.
3. Lawsuits against third parties Article 241- If assets or estate of the spouse in debit do not cover participation receivable during dissolution, the payee or his/her heirs can demand unrequited acquisitions that should have been taken into consideration while calculating the acquired property from third parties who enjoyed such acquisitions, limited with the amount of difference between the assets / estates of the spouse and the participation receivable. The right to lawsuit shall cease to be within one year as of the date when the payee or heirs become aware of the fact that their rights are prejudiced and within five years as of termination of property regime under any circumstances. Except for provisions of the paragraph above and rules of jurisdiction, provisions for action for reduction in law of succession shall apply mutatis mutandis.
SEPARATION OF PROPERTY
A. Management, enjoyment and act of disposal Article 242- Each one of the spouses shall have the right to manage, enjoy and carry out an act of disposal on their own assets within legal boundaries.
B. Other provisions Article 243- About proof, liabilities for debts and allocation of property with joint ownership provisions for separation of property with distribution regime shall apply.
SEPARATION OF PROPERTY WITH DISTRIBUTION
A. Management, enjoyment and act of disposal
I. In general terms Article 244- Each one of the spouses shall maintain his/her right to manage, enjoy and carry out an act of disposal on his/her own property.
II. Proof Article 245- Any person claiming that a certain property belongs to one of the spouses shall be obliged to prove his/her claim. Properties, ownership of which cannot be proven shall be deemed to be joint ownership of the spouses.
B. Liabilities for debts Article 246- Each one of the spouses shall be liable for their own debts with all their assets.
C. Termination of the property regime and dissolution
I. Moment of termination Article 247- Mal property regime shall be terminated by death of one of the spouses or adoption another property regime. If the court rules for dissolution of marriage due to nullity or divorce or separation of property, the property regime shall be terminated as of the date of the lawsuit.
II. Reclaim of the properties and giving property with joint ownership
1. In general terms Article 248- Each one of the spouses shall reclaim his/her properties from the other spouse. When separation of property with distribution regime is terminated, one of the spouses can demand that the property with joint ownership be granted to him/her by paying the share of the other one and proving that it is in his/her best interests.
2. Right arising from contribution Article 249-. If one of the spouses has contributed to acquisition, improvement or maintenance of a property that is not shared free of charge or without getting an appropriate amount of recompense, the said spouse shall have a right to claim an amount in proportion to his/her contribution in an equitable manner. The same request shall also be valid for assets corresponding to the property that is not shared.
III. Properties that are allocated for the family
1. Rule Article 250- Properties acquired by one of the spouses after establishment of separation of property with distribution regime and allocated for the common use and enjoyment of the family and investments aiming to guarantee the future of the family or other corresponding assets shall be shared between the spouses equally in the case that the property regime is terminated. During apportioning, economic integration of enterprises shall be observed. Unless otherwise understood by non-pecuniary damages receivables, properties acquired by inheritance and explicit declaration of intent of the party having enabled unrequited acquisitions, this provision shall not apply to properties acquired through dispositions inter vivos or mortis causa.
2. Actions contrary to apportioning Article 251- If one of the spouses disposes of a property gratuitously in order to reduce the share of the other, the judge shall determine the offsetting amount to be paid to the other spouse in an equitable manner. Within the year preceding termination of the property regime unrequited acquisitions obtained without consent of the other spouse except for ordinary gifts shall be deemed to aim at reducing the share of the said spouse. The court decision in such disputes regarding acquisitions can be asserted towards third parties enjoying the acquisitions provided that they are notified of the lawsuit.
3. Dismissal of the request for apportioning Article 252- In case of divorce due to adultery or attempt at life, the judge may decide to revoke or reduce the share of the spouse at fault in an equitable manner.
4. Apportioning method Article 253- It is of essence that apportioning be executed in kind. If it is not possible, the shares shall be offset by means of adding the necessary amount. The amount to be paid by one of the spouses to the other one shall be calculated based on current market rate of the properties at the time of dissolution. Debts arising from acquisition of the said properties shall be deducted. If immediate payment of offsetting amount is to cause serious difficulties for the spouse in debit, he/she can ask for a deferral. Unless otherwise agreed, interest shall be applied to the offsetting amount as of termination of dissolution. The debtor can also be asked to provide guarantee if the conditions require so.
V. Matrimonial home and household goods
1. In case of nullity or divorce Article 254- In case of dissolution of marriage due to nullity or divorce, the spouses can come to an agreement on who will continue to live in the house and use household goods allocated for common use of the family and to be shared between the spouses. The spouse having obtained the right to live in matrimonial home can demand that this right be annotated on the land registry. If the spouses cannot agree on who will live in matrimonial home and who will continue to use household goods, along with the decision of nullity or divorce the judge shall also decide ex officio who will have the said right by taking into account the specifics of the case, social and economic conditions of the spouses and interests of children if any. The judge shall determine duration of stay and use and notify the directorate of land registry so that they put an annotation on the land registry. Unless otherwise decided by the judge, the right shall cease to be when the period determined comes to an end. However, in the case that there is a change in the circumstances of the party enjoying the said right before this period expires, the other party can ask the judge to review the said decision. If the spouses live in a rented house, the judge can decide that the spouse who is not the official tenant of the house continue to live in the house. In this case, along with the decision of nullity or divorce the judge shall decide ex officio that necessary arrangements be made in order to guarantee the rights of the tenant arising from the contract.
2. In case of death Article 255- In case of death of one of the spouses, if household goods and matrimonial home are to be shared, the surviving spouse can demand that he/she be granted the right of property by setting off her right to inheritance and share and paying an extra amount if they are not enough. If there are valid grounds, upon request of the surviving spouse or other legal heirs of the deceased spouse, the judge can decide to grant right of usufruct or habitation instead of right of property. The surviving spouse shall not enjoy these rights on sections of the property where the legator performed a profession or art and on sections of the property which are necessary for the descendants to perform the same profession or art. Provisions of law of succession for agricultural immovables shall be reserved.
I. Adultery Article 161- If one of the spouses commits adultery, the other spouse can file a lawsuit for divorce. The right to sue shall cease to be within six months as of the date when the spouse with a right to sue learns about the cause of divorce and within five years as of the commencement of the act of adultery under any circumstances. The forgiving party shall not have a right to sue.
II. Attempt against life, abominable or degrading treatment Article 162- Each one of the spouses can file for divorce against the other one due to attempt against life, abominable or degrading treatment. The right to sue shall cease to be within six months as of the date when the spouse with a right to sue learns about the cause of divorce and within five years as of the occurrence of this cause under any circumstances. The forgiving party shall not have a right to sue.
III. Committing crimes and leading a dishonorable life Article 163- If one of the spouses commits a humiliating crime and leads a dishonorable life and the other spouse is not be expected to cohabit due to these reasons, this spouse can always file for divorce.
IV. Desertion (1)(1) Article 164- If one of the spouses deserts the other one in order not to fulfill his/her obligations stemming from union of marriage, or does not return to matrimonial home without a valid ground, the deserted spouse can file for divorce provided that separation has lasted at least for six months and is ongoing and the notice given by the judge or notary public upon request is inconclusive. The spouse that compels the other one to desert the matrimonial home or prevents the other one from returning without a valid ground shall also be deemed to have deserted. Upon request of the spouse with a right to sue, the judge or notary public shall give a notice to the deserting spouse without examining the grounds specifying that they must return to the matrimonial home within two months otherwise there will be consequences. This notice shall be given through announcements when necessary. However, a request for a notice can only be made when the fourth month of the deadline specified for divorce is over and a lawsuit can only be filed after two months have passed as of the issuance of a notice.
V. Mental illness Article 165- If one of the spouses is mentally ill and this makes married life unbearable for the other spouse, a lawsuit for divorce can be filed provided that a medical board report confirms the incurable nature of the illness.
VI. Matrimonial breakdown Article 166- If there is severe breakdown of family life that the continuation of common life cannot be expected, either spouse can sue for a divorce. In the cases mentioned above, if the plaintiff is more at fault, the defendant shall have a right to object. However, if this objection constitutes abuse of right and if there is no good in the continuation of marriage for the defendant and children, the court can rule for divorce. If the marriage lasted for at least one year and the spouses apply together for divorce or one of the spouses accepts the lawsuit filed by the other one, union of marriage shall be deemed to have incurred a breakdown. In order to rule for a divorce, the judge must hear the parties in person and be convinced that the parties have expressed their free will and deem suitable the arrangement regarding financial consequences of the divorce and situation of children to be accepted by both parties. The judge can make the necessary amendments to this agreement by taking into account interests of children and both parties. In the case that such amendments are accepted by both parties, the judge shall rule for divorce. In this case, the provision that acknowledgement of the parties is not binding for the judge shall not apply. In the case that the lawsuit filed based on one of the grounds for divorce is dismissed, three years have passed as of the date when this decision is finalized, union of marriage shall be deemed to have incurred a breakdown if a common life is not established over again for any reason whatsoever and a ruling shall be given for divorce upon request of one of the spouses.
I. Matter Article 167- The spouse with a right to sue for divorce can request either divorce or judicial separation.
(1) Through article 19 of Law No. 6217 and dated 31/3/2011, the phrase "or notary public" is added and incorporated into to the text in such a way as to ensue the phrase «judge" featuring in paragraph one and two of the said article.
II. Jurisdiction Article 168- The court of competent jurisdiction for divorce or separation shall be the court where one of the spouses has domicile or where the spouses lived together for the last time for six months before filing for divorce.
III. Interim measures Article 169- When a lawsuit for divorce or separation is filed, the judge shall take the interim measures regarding accommodation of spouses, subsistence, matrimonial property regime and childcare and protection of children ex officio.
I. Divorce or judicial separation Article 170- If there is a proven ground for divorce, the judge shall rule for divorce or judicial separation. If the lawsuit is only for judicial separation, a ruling shall not be given for divorce. If the lawsuit is for divorce, the judge may rule for judicial separation only if there is a possibility to establish a common life over again.
II.Judicial separation period Article 171- Judicial separation can last for one to three years. This period shall start when the ruling for judicial separation is final.
III. End of judicial separation period Article 172- When this period ends, judicial separation shall be terminated ipso facto. If no common life is established between the spouses, either spouse can file for divorce. When the consequences of divorce are regulated, the events proven in the first lawsuit and the incidents that occurred during judicial separation shall be taken into account.
IV. Personal status of a divorced woman Article 173- In case of divorce, woman shall maintain her personal status acquired through marriage. However, she shall take her maiden name as her surname. If the woman was a widow before marriage, she can ask the judge to give permission for her to use her maiden name. She can keep the family name of the husband if she convinces the judge that she has an interest in using this name and if this does not damage the interest of the husband. The husband can ask that this permission be revoked if the conditions change.
V. Damages and alimony in divorce
1. Pecuniary and non-pecuniary damages Article 174- The party at less fault or with no fault whose current or expected interests are damaged by divorce can demand pecuniary damages of an appropriate amount of the party at fault. The party whose personal rights are attacked due to events leading to divorce can demand an appropriate amount of money to be paid in the form of non-pecuniary damages.
2. Alimony Article 175- The party to be driven to poverty due to divorce can demand alimony for subsistence of the other party indefinitely to the extent permitted by their financial power provided that the party demanding alimony is not at more fault. No fault shall be sought for with the party incumbent to pay alimony.
3. Form of payment of damages and alimony Article 176- It can be decided that pecuniary damages and alimony be paid collectively or in the form of revenue as is required by the case. Non-pecuniary damages shall not be paid in the form of revenue. Pecuniary damages or alimony ruled to be paid in the form of revenue shall cease to be in the case that the payee remarries or one of the parties dies. If the payee de facto lives as if they are married without a civil marriage, poverty is out of the question or the payee leads a dishonorable life, alimony shall be revoked by court decision. In the case that financial standing of the parties changes or as is required by equity, it can be decided to increase or decrease the amount of revenue. Upon request, the judge can make a decision about how much pecuniary damages and alimony to be paid in the form of revenue will be paid in the upcoming years as per social and economic conditions of the parties.
4. Jurisdiction Article 177- For alimony lawsuits to be filed after divorce, the court where the payee of alimony has domicile shall be the court of competent jurisdiction.
5. Statute of limitations Article 178- Rights to sue stemming from breakdown of marriage due to divorce shall be time barred within one year as of the issuance of decree absolute of divorce.
VI. Division of matrimonial property
1. In case of divorce Article 179- As regards division of matrimonial property, provisions of the regime by which the spouses are bound shall apply.
2. In case of judicial separation Article 180- If a ruling is given for judicial separation, the court can decide that matrimonial property regime approved through agreements between the parties be terminated depending on the period of judicial separation and situation of spouses.
VII. Inheritance rights Article 181- The divorcees shall not be legal heirs to each other, and they shall lose the rights provided to them through dispositions mortis causa stipulated before divorce unless otherwise specified in the dispositions. (Amended paragraph two: 31/3/2011-6217/19 art.) In the case that one of the heirs of the deceased spouse who died pending a divorce decree proceeds with the case and fault of the other spouse is proven, provision of the above-mentioned paragraph shall apply.
VIII. Parentage rights in terms of children 1. Discretion of the judge Article 182 – When the court is to rule for divorce or judicial separation, the judge shall hear mother and father as much as possible and receive the opinion of the guardian and guardianship authority if the child is under guardianship and then regulate parentage rights and personal relationship with the child. In regulation of personal relationship of the child with the noncustodial parent, interests of the child in terms of health, education and morals shall prevail. This spouse shall be obliged to contribute to childcare and education expenses of the child to the extent permitted by their financial power. Upon request, the judge can make a decision about the amount of money to be paid for these expenses in the form of revenue in the upcoming years as per social and economic conditions of the parties.
2. Change of conditions Article 183- In the case that new phenomena occur such as mother or father remarrying, going someplace else or dying, the judge shall take the necessary measures ex officio or upon request of mother or father.
D. Divorce proceeding Article 184- Divorce proceeding shall be subject to Code of Civil Procedure without prejudice to the following rules: 1. Unless the judge is convinced in all conscience about the phenomena on which divorce or judicial separation is based, he/she shall not treat them as proven. 2. The judge shall not offer attestation to parties about these phenomena ex officio or upon request. 3. Acknowledgements of the parties to that end shall not be binding for the judge. 4. The judge shall appraise the proofs freely. 5. Agreements as to accessory consequences of divorce or judicial separation shall only be valid if they are approved by the judge. 6. The judge can decide to hold a closed hearing upon request of one of the parties.
GENERAL PROVISIONS OF MARRIAGE
A. Rights and obligations
I. In general terms Article 185- Marriage establishes a union between spouses. Spouses shall be obliged to ensure continuity of this union and be attentive to childcare, education and supervision of children together. Spouses shall be obliged to live together, be loyal to and help each other.
II. Selection of matrimonial home, management of union and participation in the expenses Article 186- Spouses shall choose their matrimonial home together. Union of marriage shall be managed by the spouses together. Spouses shall contribute to expenses of the union by way of endeavor and assets to the extent permitted by their power.
III. Surname of the wife Article 187- The wife shall take on her husband's surname after marriage. However, through a written application made to the marriage officer or civil registry office later on, the wife can also use her own surname preceding that of her husband. Women having used two surnames before can benefit from this right only for one surname.
B. Representation of the union
I. Representative authority of spouses Article 188- Each one of the spouses shall represent the union of marriage to meet permanent needs of the family as long as a common life continues. For other needs of the family, one of the spouses can only represent the union in the following circumstances: 1.If this spouse is authorized by the other spouse or by the judge for valid grounds, 2. If delay is deemed inconvenient for the interests of the union and consent of the other spouse cannot be obtained due to a disease, being somewhere else or similar reasons.
II. Liability Article 189- In circumstances where representative authority of the union is used, spouses shall be jointly and severally liable to third parties. Each one of the spouses shall be personally liable for actions taken without representative authority of the union. However, in cases where representative authority is exceeded in such a way that cannot be understood by third parties, spouses shall be liable jointly and severally.
III. Revocation or limitation of representative authority Article 190- If one of the spouses exceeds representative authority of the union or falls short of using this authority, the judge may revoke or limit representative authority upon request of the other spouse. The spouse having made the request can only personally notify third parties of revocation or limitation of representative authority. Revocation or limitation of representative authority bearing legal consequences for wellintentioned third parties shall depend on whether the situation is declared through the judge's decision.
IV. Restitution of representative authority Article 191- Decision about revocation or limitation of representative authority can be amended by the judge upon request of one of the spouses when conditions change. If the first decision is declared, then decision on amendment shall also be declared.
C. Profession and work of spouses Article 192- Neither of the spouses shall be obliged to obtain permission from the other one in choice of profession or work. However, peace and interests of the union of marriage shall be taken into account in choice of profession and work and when handling them.
D. Legal transactions of spouses
I. In general terms Article 193- Unless otherwise specified in the laws, either spouse can engage in all kinds of legal transactions with the other one and third parties.
II. Matrimonial home Article 194- One of the spouses shall not terminate the rental contract of matrimonial home, alienate the matrimonial home or impose limitation of rights on the matrimonial home without consent of the other spouse. The spouse not having obtained the consent of the other one or the spouse not having been given the consent without a valid ground can request intervention of the judge. The spouse not in possession of the immovable property allocated as matrimonial home can ask the directorate of land registry to put the necessary annotation on the land registry. (1) If the matrimonial home is a house to let, the spouse not being a party to the contract shall become a party after notifying the leaser and both spouses shall be liable jointly and severally.
E. Protection of the union
I. In general terms Article 195 – In the case that obligations stemming from union of marriage are not fulfilled or there is a dispute about an important issue regarding the union of marriage, spouses can request intervention of the judge together or separately. (1)Through article 44 of Law No. 6518 and dated 6/2/2014, the phrase "directorate of land registry" was incorporated into the text in such a way as to ensue the phrase "put an annotation" featuring in this paragraph. The judge can warn the spouses about their obligations, try to reconcile them and ask for experts' help with the consent of both parties. The judge shall take the measures prescribed by law upon request of one of the spouses when necessary.
II. Spouses living together Article 196 – Upon request of one of the spouses, the judge shall determine the amount of money that each party will contribute for subsistence of family. When determining the amount of money to be contributed, one of the spouses doing housework, taking care of children, working for the other spouse free of charge shall all be taken into account. These contributions can be demanded for the past year and upcoming years.
III. Suspension of living together Article 197 – One of the spouses shall have a right to live separately if their personality, economic safety or peace of the family is in serious danger due to living together. If suspension of living together has a valid ground, the judge shall take the necessary measures about the amount of money to be contributed by one party to the other, enjoyment of a residence and household goods and property regime of the spouses upon request of one of the spouses. One of the spouses can make the above-mentioned requests if the other spouse refrains from living together without a valid ground or leading a common life is impossible for another reason. If the spouses have children who are not of age, the judge shall take the necessary measures as per the provisions regulating relationship between parents and children.
IV. Measures regarding debtors Article 198 – If one of the spouses does not fulfill his/her obligations in terms of contributing to the expenses of the union, the judge can order the debtors of the said spouse to make their payments in total or in part to the other spouse.
V. Limitation of the power of disposition Article 199 – Upon request of one of the spouses, the judge can decide that power of disposition for certain assets to be determined by the judge can only be used with consent of the other spouse as far as maintaining economic assets of the family or fulfilling a financial obligation stemming from the union of marriage is concerned. In this case the judge shall take the necessary measures. If the judge revokes one of the spouses' power of disposition on immovable property, a decision shall be made to put an annotation on the land registry ex officio.
VI. Change of conditions Article 200 – If the conditions change, the judge shall make the necessary amendments to his/her decision upon request of one of the spouses or revoke the measure in case the ground has ceases to be.
VII. Jurisdiction Article 201 – About measures to be taken to maintain union of marriage, the court where one of the spouses has domicile shall be the court of competent jurisdiction. If the spouses have different domiciles and both spouses have made a request for measures, the court of competent jurisdiction shall be the one that is located where the first spouse to make the request has domicile. The court of competent jurisdiction to change, complement or revoke the measures shall be the one that has made the decision to take measures. However, if domiciles of both spouses have changed, the court located where one of the spouses newly resides shall be the court of competent jurisdiction.
A. Engagement Article 118- Engagement takes place when there is promise of marriage. Unless there is consent of legal representatives, engagement shall not be binding for the minor and the person under legal disability.
B. Provisions of engagement
I. Absence of the right to sue Article 119- Engagement shall not be a cause of action for compelling someone into marriage. Forfeit money envisaged for avoidance of marriage or penalty clause shall not be sued. However, payments made shall not be reclaimed.
II. Results of breach of engagement
1. Pecuniary damage Article 120- In the case that one of the fiancées breaks off an engagement without a justified reason or breakup of an engagement is imputable to one of the parties, the party at fault shall be obliged to provide pecuniary damages of an appropriate amount to the other party in return for the money spent and for pecuniary sacrifice incurred for marriage within the framework of good faith. The same rule shall apply to engagement expenses. Parents or those acting similar to the parents during the engagement entitled to pecuniary damages can demand compensation of an appropriate amount for the expenses made under similar conditions.
2. Non-pecuniary damages Article 121- The party incurring an attack on personal rights due to breakup of the engagement can demand compensation of an appropriate amount as non-pecuniary damages of the other party.
III. Return of the gifts Article 122- If engagement breaks off due to a reason other than marriage, gifts given by the engaged parties or their parents or those acting similar to the parents during the engagement to one another can be reclaimed. If the gifts cannot be given back ad verbum or in kind, provisions of unjust enrichment shall apply.
IV. Statute of limitations Article 123- Rights to sue arising from breakup of engagement shall be time barred within one year as of the breakup.
MARRIAGE LICENSE AND OBSTACLES
A. Conditions for the license
I. Age Article 124- A man or woman shall not get married unless they turn eighteen. However, the judge may allow a man or woman having turned seventeen to get married under exceptional circumstances or for a very important reason. If possible, parents or guardians of the people in question shall be heard.
II. Mental competence Article 125- Those without mental competence shall not get married.
III. Permission of the legal representative
1. About minors Article 126- Minors shall not get married without permission of their legal representatives.
2. About the person under legal disability Article 127- The person under legal disability shall not get married without permission of their legal representatives.
3. Applying to court Article 128- The Judge may allow a minor or person under legal disability having applied to the court to get married after hearing the legal representative not giving permission without a justified ground.
B. Impediments to marriage
I. Kinship Article 129- Marriage is prohibited between the following: 1. Between kinship in the direct line; between siblings; between uncle, aunt and their nephews and nieces, 2. Although kinship by marriage is terminated, between one of the spouses and the other one's ascendants and descendants, 3. Between the adoptive parent and adopted child or between one of them and descendants and spouse of the other.
II. Former marriage 1. Proof of dissolution a. In general terms Article 130- The person that wants to remarry shall be obliged to prove that their former marriage has ended.
b. In case of absence Article 131- Spouse of a person deemed to be in absence shall not remarry unless the court rules for nullity of marriage. Spouse of the person in absence can demand nullity of marriage through an application for absence or a lawsuit filed to that end. A separate lawsuit to demand nullity of marriage can be filed with the court where the plaintiff has domicile.
2. Waiting period for women Article 132- If marriage has ended, woman shall not remarry until after three hundred days have passed as of the dissolution of the marriage. Giving birth ends this period. In the case that woman is not pregnant from her former marriage and the spouses want to remarry each other, the court shall revoke this period.
III. Mental illness Article 133- People with mental illness shall not get married unless it is clear that there is no medical prejudice to their marriage as approved by an official medical board report.
MARRIAGE APPLICATION AND CEREMONY
I. Application authority Article 134- Man and woman to marry each other apply together to marriage registry office in the domicile of one of the parties. Marriage officer is the mayor when there is municipality or other officer to be assigned with this task, in villages it is the head of the village.
II. Form Article 135- Application is made by the parties to marry in written form or orally.
III. Documents Article 136- Both man and woman must submit their identity card and birth certificate, a document attesting dissolution of a former marriage if any, the written and signed consent of the legal representative if a minor or person under legal disability is in question and a medical report indicating that there is no illness posing an obstacle to marriage.
IV. Examination and dismissal of application Article 137- The marriage officer examines the application for marriage and the documents to be added. If there is a shortcoming in the application, the officer shall make up for it or make sure that the relevant parties make up for it. If it is understood that the application is not duly made or that one of the parties is not eligible to marry or that there is a legal obstacle to marriage, the application for marriage shall be dismissed and the parties shall be immediately notified of that in writing.
V. Objection to dismissal and proceeding Article 138- The parties with an intention to marry can apply to court for decision of dismissal. Objection shall be examined based on the documents and a final judgment shall be made about the issue. However, lawsuits filed for decisions of dismissal given based on grounds for absolute nullity shall be tried (...) (1) through simplified procedure(1) . B. Marriage ceremony and registration
1. Marriage license Article 139- If the marriage officer determines existence of conditions for marriage or if the decision of dismissal is revoked by the court, the officer shall notify the parties to marry of the day and time of marriage or provide them with a marriage license document if they wish so.
(1)Through article 31 of Law No. 6217 and dated 31/3/2011, the phrase "and with the presence of public prosecutor" featuring in this paragraph is repealed.
Marriage license document entitles the parties with an intention to marry to be able to get married before a marriage officer within six months as of the date of issuance.
2. Not being able to officiate a marriage Article 140- In the event that the conditions required for marriage are not met or the six-month period as of the issuance of marriage license has expired, the marriage officer shall not officiate a marriage.
1. Venue of ceremony Article 141- Marriage ceremony shall be performed in the presence of two witnesses who are of age and have mental competence by the marriage officer. However, upon request of the parties, the ceremony can also be performed in other venues deemed appropriate by the marriage officer.
2. Form of the ceremony Article 142- The marriage officer asks the parties the same question, that is, whether they are willing to marry each other. Upon hearing affirmative answers, the marriage shall be enacted. The officer shall declare the marriage to be enacted as per law with the consent of both parties.
3. Certificate of marriage and religious ceremony Article 143- After completion of the ceremony, the marriage officer provides the parties with a marriage certificate. A religious ceremony shall not be performed without showing the civil marriage certificate. Validity of marriage shall not depend on religious ceremony.
C. Regulation Article 144- Marriage, register of marriage, correspondence regarding marriage and other issues related to marriage shall be regulated through regulations.
VOID MARRIAGES A. Absolute Nullity
I. Grounds Article 145- Marriage shall be void with absolute nullity in the following circumstances: 1. One of the spouses is already married at the time of marriage, 2. One of the spouses does not have mental competence due to a persistent reason, 3. One of the spouses has mental illness to the degree that it poses an obstacle to marriage, 4. There is consanguinity between the spouses to the degree that it poses an obstacle to marriage.
II. The duty and right to sue Article 146- Lawsuit for absolute nullity shall be filed by the public prosecutor ex officio. This lawsuit can also be filed by anyone interested. III. Limitation of abolition of the right to sue Article 147- Absolute nullity of a dissolved marriage shall not be sued by the public prosecutor ex officio. However, anyone interested can ask for absolute nullity to be adjudicated. In cases where mental competence is gained later or mental illness is healed, absolute nullity lawsuit can only be filed by the spouse who has gained mental competence later or whose mental illness is healed. If the marriage of a person remarrying while already married has ended before the decision of absolute nullity and the other spouse is well-intentioned, this marriage shall not be declared void.
B. Relative nullity
I. Spouses' right to sue
1. Temporary deprivation of mental competence Article 148- The spouse temporarily deprived of mental competence at the time of marriage can sue for annulment of marriage.
2. Lapse Article 149- One of the spouses can sue for annulment of marriage in the following circumstances: 1. If the person is mistaken into consenting to the marriage even though they didn't have an intention to marry at all or didn't intend to marry with the person in question, 2. If the person married by being mistaken about a certain trait of their spouse, the absence of which can make the life unbearable.
3. Deception Article 150- One of the spouses can sue for annulment of marriage in the following circumstances: 1. If the person consented to marriage by being deceived about their spouse's honor and dignity by their spouse directly or by someone else within their spouse's knowledge, 2. If a disease that can pose a severe danger for the plaintiff's or their descendants' health was concealed.
4. Intimidation Article 151- The spouse that consented to marriage by being intimidated with an immediate and severe danger to their own life or that of their relatives, their health or honor and dignity can sue for annulment of marriage.
5. Lapse of time Article 152- The right to sue for annulment shall cease to be within six months as of the date when the reason for annulment is learnt about or the effects of fear die out and within five years as of the start of marriage under any circumstances.
II. Legal representative's right to sue Article 153- If a minor or person under legal disability marries without permission of the legal representative, the legal representative whose consent is not obtained can sue for annulment of marriage. Thus, if the person getting married comes of age after turning eighteen subsequently, is no longer under legal disability or if the wife gets pregnant, the court shall not rule for annulment of marriage.
C. Grounds that do not necessitate nullity
I. Noncompliance with waiting period Article 154- Woman marrying before the expiration of waiting period shall not necessitate nullity of marriage.
II. Noncompliance with form Article 155- The court shall not rule for nullity of a marriage performed in the presence of a marriage officer due to noncompliance with other rules regarding form.
D. Nullity decision
I. In general terms Article 156- A void marriage shall only be terminated by a decision of the judge. Even in the case of absolute nullity, marriage shall give rise to all the consequences of a valid marriage until the decision made by the judge.
II. Consequences 1. In terms of children Article 157- Children born into a marriage declared void by the court shall be deemed to be born into a marriage although their parents are not well-intentioned. As regards relationship between children and parents, provisions for divorce shall apply.
2. In terms of spouses Article 158- If the marriage is declared void, the spouse deemed to be well-intentioned at the time of marriage shall retain his/her personal status acquired through marriage. As regards division of matrimonial property, compensation, alimony and surname, provisions for divorce shall apply.
E. The heirs' right to sue Article 159- The right to sue for nullity of marriage shall not pass on to heirs. However, the heirs can proceed with a lawsuit already filed. The surviving spouse deemed not to be well-intentioned at the time of marriage as a result of the lawsuit shall lose the rights provided to him/her through dispositions mortis causa and not be a legal heir.
F. Jurisdiction and proceeding Article 160- In nullity of marriage cases, provisions for divorce shall apply in terms of jurisdiction and proceeding.
LAW OF PERSONS FIRST CHAPTER REAL PERSONS FIRST SECTION PERSONALITY
Implementation and sources of law
Article 1 - The law shall apply to all matters referred to by the word and its essence.
If there is no applicable provision in the law, the judge decides according to the customary law, otherwise whatever rule he would have made if he was a legislator.
The judge shall benefit from scientific opinions and judicial decisions when making decisions.
The scope of legal relations; behaving honestly
Article 2 - Everyone has to abide by the rules of honesty when exercising their rights and in fulfilling their debts.
The explicit exercise of a right does not preserve the legal order.
Article 3- In cases where the law imposes a legal result on good, the existence of good is essential.
However, according to the requirements of the situation that does not show the expected diligence can not claim any good.
Article 4 - The judge decides on the basis of law and fairness in matters where the law recognizes discretionary powers or orders to consider the requirements of the situation or justified reasons.
General qualified provisions
Article 5 - The general provisions of this Law and the Code of Obligations apply to all private law relations to the extent that it is appropriate.
Rules of proof; Burden of proof
Article 6 - Unless there is a provision contrary to the law, each party is obliged to prove the existence of the facts on which it is based.
Proof with official documents
Article 7 - Official registries and evidence form evidence of the accuracy of the facts they document.
Proof of their content is not true unless there is another provision in the law.
I. Capacity of using rights
Article 8- Every person is entitled to a vested right. Accordingly, all the persons are equal in using rights and fulfilling obligations within the legal limits.
II. Capacity to act
1. Scope Article 9-The person having capacity to act may possess any right by his/her own will and may undertake any obligation thereof.
a. In general terms Article 10- Every mature person possessing distinguishing power and not in the state of disability is deemed to possess full legal capacity.
b. Lawful age Article 11- According to the Law, the age of majority is eighteen (full). A person becomes sui juris by marriage.
c. Recognition of full age Article 12- Infant completing the age of fifteen may become adult by his/her own will or under parent's consent subject to court decision.
d. Distinguishing power Article 13- According to this Law, every person who is not minor, or mentally defective or suffering from mental illness, or intoxicated, or beyond self-control by similar reasons, is deemed to possess distinguishing power.
III. Physical incapacitiness
1. In general Article 14- Infants and persons who are in a state of disability or lack of distinguishing power are regarded non sui juris.
2. Lack of distinguishing power Article 15- Provided that the cases specifically indicated in the Law are being reserved, any act by a person lack of distinguishing power may not lead to legal consequences.
3. Infants and disabled persons with distinguishing power Article 16- Infants and disabled persons with distinguishing power may not undertake any obligation by their own will unless they receive the consent of their legal representatives. Such consent is not necessary for uncovered earnings and use of rights strictly bound to that person. Infants and disabled persons with distinguishing power are deemed responsible from a tort arising out of a wrongful act.
1. Kinship by blood Article 17- Degree of kinship by blood becomes evident with the number of the births that establish relationship between the members of the family. Those descended from one another constitute antecedent-descendent relationship, whereas those descending from a common root constitute collateral line.
2. Affinity relationship Article 18 - Where a spouse establishes relation with the blood relatives of the other spouse, this is deemed affinity relationship as they are descending from the same species and have the same degree of relationship. Affinity relationship may not be abandoned by dissolution of marriage.
V. Settlement place
1. Definition Article 19- Settlement place is the place where a person intends to live permanently. A person may not have more than one settlement place at the same time. This principle may not applicable for the commercial and industrial corporations.
2. Change of settlement place and residence Article 20- Change of settlement place may only be realised unless a new one is provided. Where a person has an unknown settlement place or not yet provided a settlement place in Turkey even though he/she leaves the previous settlement place in abroad, then the current residence of that person is regarded as his/her settlement place.
3. Legal settlement place Article 21-The settlement place of a child under guardianship is the place where his/her mother and father lives; in cases there is no common settlement place for the mother and father, then the settlement place of the child is accepted as the place where he/she is kept under legal custody by a mother or father. Otherwise, the residence of the child is regarded as his/her settlement place. The settlement place of the persons under guardianship is the place of probation authority which they are being registered.
4. Attendance in institutions Article 22- Where a person stays in a place for education purposes or moves to a health institution to receive medical treatment or care or any other place under a punishment, is not required to indicate a new settlement place.
B. Protection of personality
I. Against waiver and extreme restrictions Article 23- No person may waive his/her rights and capacity to act freely even if it is in the least degree. Neither a person may waive his/her freedom nor any one may impose restrictions on a person contrary to the laws and ethics. The, extraction, vaccination and transfer of biological substances of human origin is subject to the written consent of the concerned body. However, no claim may be raised against a person who undertakes to give biological substance persuading him to fulfil his/her obligations; also, no claim may be raised for compensation of physical and moral damages.
II. Against assault
1. Basic principle Article 24-The person subject to assault on his/her personal rights may claim protection from the judge against the individuals who made the assault. Each assault against personal rights is considered contrary to the laws unless the assent of the person whose personal right is damaged is based on any one of the reasons related to private or public interest and use of authorisation conferred upon by the laws.
2. Lawsuits Article 25-The claimant may demand from the judge to take an action for prevention of assault, elimination of such threat and determination of unlawful consequences of the assault even though it is discontinued. In addition to such action, the claimant may also request publication or notification of the recovery or the judgment to the third parties. Right of the claimant to demand compensation for physical and moral damages and to request the transfer of gains incurred from unlawful assault in his favour under the provisions stipulating performance of business without requirement of proxy, is hereby reserved. Claim for compensation of moral damages may not be transferred unless it is accepted by the counterparty; also, it may not be transferred to the heirs by way inheritance unless it is expressly declared by the testator. The claimant may file an action in the probate court at his/her locality or at the settlement place of the defendant for the protection of his/her rights.
III. Rights pertaining possession of a name
1. Designation of a name Article 26-The person who is subject to confusion in use of name may litigate in the competent court for establishment of his/her respective rights. A person subject to unjust use of his/her name may claim discontinuation of such act; where the person is in default due to use of the name unjustifiably, then he/she may demand recovery his/her tangible losses as well as indemnification of moral damages which ever the case may require.
2. Change of name Article 27-Change of name may only be claimed from the judge. Any change made in the name is registered in the birth record and announced officially. Change of name does not result with change in the status of a person. The person suffering damage due to change of name may litigate within one year as of the date of notification of this fact claiming abrogation of the judgement given for change of name.
C. Beginning and ending of personality
I. Birth and death Article 28- Personality begins at the very moment the child is full born and ends by death. The child possesses the right of capacity at the very moment he/she enters mother's womb (as foetus) provided that he/she is born alive.
II. Proof of being alive and death
1.Burden of proof Article 29-A person should prove that he/she is alive for use of any right. Where a person states that he/she is alive at any time or during the death of any other person, then he/she must present a proof for such statement. If the case involves more than one person and where it is not possible to prove which one of the persons has died before or after, then all of them are regarded being died at the same time.
2. Means of proof
a. In general Article 30- Birth and death is proved by registrations in the birth record. If there happens to be no registration in the birth record, or if it is understood that the records available in the birth registration office are not correct, then the real fact is proved by all kinds of evidence.
b. Presumption of death Article 31- If a person disappears under the circumstances where there is a definite indication of a death even if the body is not found, then he/she is regarded as deceased.
III. Decision for absence
1. In general Article 32-Where a person disappears under risk of death, or there is a presumption about death of a person who does not appear for a long time, the court may declare this person absent upon claim of the persons having vested interest in such death. The court located at the last settlement place of the person in Turkey; if he/she is never settled in Turkey, then the court at the place where the birth record is kept; or in case of nonexistence of such registration, the court at the registration place of the mother or father is accepted as the competent court.
2. Trial procedure Article 33-In order to assert judgment for absence, at least one year should pass as of the presumed death, or expiry of five years period is required as of the date of last indication is received about the existence of that person. The court calls for the persons who have relation with the person subject to assertion through properly made announcement in order to gather information within a certain time. This period is at least six months as of the date of first announcement.
3. Dismissal of claim Article 34- The claim for absence is dismissed if a person subject to judgment for absence appears before the expiry of announcement period, or one hears from him during the said period, or information is received about the date of his death.
4. Judgement Article 35- The court may adjudicate for absence if no response is given to the announcement and the rights thereof are used considering that the death of the absentee is proved. The judgment of absence becomes valid as of the date on which the loss of a person under risk of death is proved to be true, or from the date of last indication is received about his existence.
SECOND CHAPTER LEGAL ENTITIES FIRST SECTION GENERAL PROVISIONS
A. Status of a legal entity Article 47-Group of persons organized to create a single body and independent property groups constructed for special object, are defined as legal entity as per the provisions contrasting its qualities, relations etc. The groups comprising persons and properties of which the object is contrary to the laws and ethics may not be entitled to possess the status of legal entity.
B. Capacity of using rights Article 48-The legal entities are entitled to use all the rights vested upon and the capacity to undertake all kinds of obligations other than the characteristics related to real persons such as sex, age, kinship etc.
C. Capacity to act
I. Conditions Article 49- Legal entities are regarded to have the capacity to act whenever they get organized under the prevailing laws and as set out in incorporation documents.
II. Use of will Article 50-The will of a legal entity is expressed through its organs. The organs may put the legal entity under obligation by legal transactions and all other acts. The organs of legal entity are also individually responsible from their defaults.
D. Domicile Article 51-Unless otherwise is stated in the incorporation certificate, the domicile of the legal entity is the place where the business is perfomed.
E. Dissolution of legal entity
I. Limited activity Article 52- In case of dissolution of a legal entity, the capacity of the legal entity to act continues during the course of liquidation, but in the limited manner, until the liquidation process is finalised.
II. Liquidation of assets Article 53 –Unless otherwise is stated in the law and incorporation certificate, the liquidation of the assets of a legal entity is executed according to the provisions relating to official liquidation of assets.
III. Assignment of assets Article 54 - Unless otherwise is provided by the law or incorporation certificate, or contrary statement is made by the authorised bodies, the assets of legal entity are transferred to the public association or corporation engaged in the same kind of activity or having the same object. Such assets are used only for the purpose they are assigned in the initial stage of incorporation to the extent it is deemed appropriate. The assets of legal entity subject to dissolution under court decision due to non-conformity with the laws or ethics, in all circumstances are transferred to the relevant public association.
F. Reserved provisions Article 55 - The provisions of the law relating to public legal entities and business companies are hereby reserved.
1-Definitions Article 56- An association is defined as a society formed by unity of at least seven real persons or legal entities* for realisation of a common object other than sharing of profit by collecting information and performing studies for such purpose. */ Modified by Law No. 4963 No association may be formed for an object contrary to the laws and ethics.
II. Right to form an association Article 57-Every person has the right to form an association without obtaining prior consent. The founders of association should possess the capacity to act.
III. By-laws Article 58- Ever association should have by-laws. It is necessary to indicate the title, object,*, income sources, membership conditions, organs and organization as well as the list of provisional board of directors in the by-laws of the association. */ Deleted by law No: 5253 "domicile, founders" By-laws of the association may not contain provisions contrary to the laws. The provisions of the relevant law are applicable in the matters that are not expressly stated in the by-laws.
IV. State of being a legal entity
1. Initial stage Article 59-The associations are regarded as legal entity from the very moment they present declaration of incorporation, by-laws and other documents required for incorporation to the highest administrative authority at the locality of their domicile. The content of incorporation declaration and the documents required for registration are set out in the regulations.
2. Examination Article 60-The correctness of the file comprising incorporation declaration, required documents and by-laws of the association is examined by the highest administrative authority within sixty days. In case of determination of contraries to the laws in the incorporation declaration, by-laws and incorrect information the status of the founders, or negligences in the presented documents; the founders are requested to recover such negligences or complete the file. If it is failed to recover the contraries to the law, or recover the negligences within thirty days as of notification date; the highest administrative authority informs the Public Prosecution Office about necessity for filing an action in the competent court of first instance for the abolition of association. The Public Prosecutor may claim from the court to give judgment for the suspension of activities of the said association. In case the incorporation declaration, by-laws and information about the status of the founders are found to be accurate and complete, or the negligences or contraries to the law are recovered within the specified period; then his fact is notified to the association in writing and the association is registered in the log reserved for associations.
3. Announcement of by-laws Article 61- * */Appealed by Law No: 5253 "By-laws of the association are announced in one of the local newspapers within fifteen days as of the written notification to the association."
4. First general assembly meeting Article 62-The associations are liable to convene the first general assembly meeting and to structure the required organs according to the last paragraph of Article 60 within six months. */Modified by Law No: 5253
I. Granting of membership
1. Rules Article 63-Neither person may be forced to become a member of an association nor an association may be forced to accept members.
2. Conditions Article 64-Every real person and legal entities* possessing the capacity to act, has the right to apply for membership in an association. */ Modified by Law No. 4963 *The board of directors passes its decision about the written application made for membership at most within thirty days and the result is notified to the applicant in writing. The member whose application is accepted is registered in the book kept for this purpose. Deleted by Law No: 5253 "Unless otherwise is stated in the by-laws"
II. Termination of membership
1. Automatically Article 65-The membership of a person automatically terminates if he/she later on loses the qualifications required by the law or by-laws of the association.
2. Discharge from association Article 66- No person may be forced to continue its membership in the association. Every member has the right to leave the association provided that he/she presents a written notification *. */Deleted by Law No: 4963/33 "before six months."
3. Discharge reasons Article 67-The reasons for discharge from the association may be indicated in the bylaws. If the reasons for discharge are clearly indicated in the by-laws; no objection may be made to such decision asserting that these reasons may not be accepted as justifiable. If the reasons of discharge are not clearly indicated in the by-laws; a member may only be discharge on justified grounds. An objection may be made to this discharge decision stating that it is not based on justified grounds.
1. Right of members
a. Equal rights Article 68-It is a basic principle to grant equal rights to the members of an association. The association may neither make discrimination among their members in respect of language, race, colour, sex, religion, sect, lineage, society and class nor may adopt any behaviour deteriorating the balance between the members. Every member has the right to participate in the activities and administration of the association. The member who voluntarily leaves the association or discharged on justified grounds may not have the right to raise a claim for producing advantage from the assets of the association.
b. Voting right Article 69- Every member entitled to a voting right in the general assembly; the member is obliged to use his/her vote personally. Honourable members may not have voting right.
2. Liabilities of the members
a. Payment of fees Article 70- Fees payable by the members are indicated in the by-laws. If there is no such adaptation in the by-laws, then the members may make contribution to the association on equal terms for the realisation of its purpose and fulfilment of compulsary obligations. Any member voluntarily leaves the association or discharged on justified grounds, is liable to pay the fee corresponding to the period of his/her membership. The honourable member is not liable to pay membership fee.
b. Other liabilities Article 71-The members are liable to act in compliance with the rules established by the association and to show loyalty to the same. Every member is liable to perform activities in conformity with the object of the association and especially should abstain from adopting behaviours that will avoid and hinder the operation of the association.
I. In general Article 72- The statutory organs of the association are the general assembly, board of directors and auditors' board. The associations may construct others besides the statutory organs. However, these organs may not be assigned with the functions, authorization and responsibilities conferred to statutory organs.
II. General Assembly
1. Features and formation Article 73-General assembly is the highest authorisation organ of the association; it comprises members registered in the association.
a. Ordinary meetings Article 74- The general assembly meetings are held at times indicated in the by-laws of the association upon call of the board of directors. The ordinary general assembly meetings should be held at least once in every three* years. */Modified by law No: 5253 "two"
b. Extra-ordinary meetings Article 75- The general assembly may be called for extra-ordinary meeting by the board of directors whenever deemed necessary by the board of directors or auditors' board, or written request of one fifth of the members. Where no call is made by the board of directors for convening the general assembly meeting, the judge of common court assigns three members to call for general assembly meeting upon application of one of the members.
c. Decisions passed without convening a meet or without making a call Article 76- The resolutions passed with written approval of all the members without coming together for a meeting and the decisions reached through summon of members without adopting the statutory procedure that requires written call for convening the meeting, are regarded valid. The resolutions passed by this way may not take the place of an ordinary general assembly.
3. Call for meeting Article 77-The general assembly is called for a meeting by the board of directors at least fifteen days before the meeting date. The date, hour, place and agenda of the meeting is announced*. */Deleted by Law No: 5253 "in a local newspaper and at the same time notified to the members in writing" The procedure for the call and the issues relating to postponement of the meeting are set out in the regulations.
4. Place and quorum of the meeting Article 78-Unless otherwise stated in the by-laws, the general assembly meetings are held in the head office of the association. The general assembly convenes with absolute majority of the members having the right to participate in the meeting; in cases where the meeting is held for amendment of by-laws or dissolution of association, the quorum is reached with the participation of two third of the members. Where the meeting is postponed due to failure in providing the quorum, a second meeting is held without requirement of majority. However, the number of members participating in this meeting may not be less than the double of absulate number of members comprising the board of directors and the auditors' board. The general assembly meeting may not be postponed more than once.
5. Convening the meeting Article 79-After the opening of the general assembly meeting, one chairman and sufficient number of vice chairmen and a reporter is nominated for the chairing of the meeting. Only the subjects in the agenda are discussed in the general assembly meeting. However, it is compulsory to include the other issues that are presented in writing by at least one tenth of the members in the agenda. (Repealed by Law No: 5253, "The attendance of the commissary of the Ministry in the general assembly meetings is required. However, absence of the commissary may not prevent convening of the meeting.")
6. Duties and powers of the general assembly Article 80-The general assembly is the authority that passes the final resolution for acceptance of membership and discharge of members from the association; the association designates the required organs and performs the duties that are not conferred to any other organ of the association. The general assembly supervises the other organs of the association and is entitled to dismiss them from office at any time on justified grounds.
7. Resolutions of general assembly
a. Qualified Majority Article 81- The general assembly passes its resolutions with the absolute majority of the members attending the meeting. It is provided that, the resolutions relating to the amendment of by-laws and dissolution of the association may only be passed with the two-thirds majority of the members attending the meeting.
b. Deprivation of voting right Article 82-No member is entitled to use his/her voting rights in any discussion bearing legal action or dispute between the association and himself, his spouse, antecedents and descendants. Added by Law No.4963/34, The provisions of above subsection are also applicable for the persons who are to vote on behalf of a legal entity.
c. Cancellation of resolution Article 83-Each member who is present in the meeting but does not take part in the resolutions passed by the general assembly contrary to the laws and by-laws of the association, may file a petition to the competent court requesting cancellation of the resolution within one month as of the date of resolution; for those who is not present in the meeting, this period is accepted as one month upon acknowledgment of such resolution and in all circumstances, the application period is limited to three months as of the date of resolution. No suit may be brought in to obtain judgment against the resolutions of other organs unless the internal auditing mechanism fails to perform its functions. The cases where the resolutions of general assembly are regarded null and void on legal grounds are hereby reserved.
III. The Board of Directors
1. Formation Article 84-The board of directors comprises members of which the numbers are indicated in the by-laws of the association. It is always provided that such number of members may not be less than five principal and five alternative members. Where the number of members in the board of directors becomes less than one half of the total number of the directors due to vacancies from time to time; the general assembly is called for a meeting by the board of directors or auditors' board within one month. If no call is made, then the judge of common court may assign three members to make the call upon request of any one of the members.
2. Functions Article 85- The board of directors is the authorised organ of the association assigned to administer and represent the association; it performs the duties undertaken in conformity with the relevant legislation and by-laws of the association. The representation power may be delegated to one of the members or to a third person by the board of directors.
IV. Auditors' board Article 86- The Auditors' board The auditors' board comprises members of which the numbers are indicated in the by-laws of the association. Provided that such number of Auditors' board members may not be less than three principal and three alternative members. The auditors' board performs the auditing duty according to the principles and procedures set out in the by-laws of the association; the results of the auditing are submitted to the board of directors and general assembly in a report.
I. Dissolution Ipso Facto Article 87-Dissolution ipso facto may occur under the following circumstances; 1) If the objects of the association are not realised, or it becomes impossible to reach the goals and objects of the association, or in the event of expiry of lawful period; 2) If it is failed to convene the general assembly meeting within the lawful period and one of the legal organs of the association is not constituted; 3) If the association is declared insolvent; 4) If the board of directors is not elected during the period specified in the by-laws; 5) If it is failed to convene the general assembly meeting repeatedly two times; Any concerned person may request verification of dissolution ipso facto from the judge of the common court.
II. Dissolution under resolution of the general assembly Article 88-The association may be dissolved at any time under the resolution of the general assembly.
III. Dissolution by Court Article 89- If the objects of the association are not compatible with the legislation and ethics, the court may give judgement for the dissolution of the association upon request of the Public Prosecutor or any other concerned person. The court takes all the necessary measures during the proceeding of the case, including suspension of activity.
E. Activities of the association
I. In general Article 90-The associations carry out their activities according to the working procedures and in compliance with the objects set out in the by-laws of the association. The provisions of private law possessing features of public law relating to restrictions or activities subject to permission are hereby reserved. Judgement for suspension of operation may be given by the court upon request of the Public Prosecutor in case of determination of any activity contrary to the restrictions and limitations imposed for the operation of the association.
II. International operations
1. Freedom of operation Article 91-The associations may operate and cooperate in international arena and open branches in abroad and become members of foreign associations and organizations to achieve the objects set out in the by-laws. */Deleted by Law No: 4778/34 "Where it is deemed fruitful to establish cooperation in international arena; the associations incorporated in Turkey may become a member of the associations or corporations in abroad by obtaining the consent of the Ministers' Council."
2. Foreign associations Article 92- To establish cooperation in international arena; **the foreign associations may operate, open branches, incorporate high-level organizations with the permission of Ministry of Interior and consultation of Ministry of Foreign Affairs*. */Deleted by Law No: 4778/35 "and may participate in the same with the intention of deriving mutual interest in cultural, economical and technical fields" **/Deleted by Law No: 5253 "Where it is deemed fruitful"
III-Right of foreigners to incorporate an association Article 93-The real persons of foreign origin who possess the right for settlement in Turkey may incorporate association or become a member of the existing associations*. */Deleted By Law No: 5253 "provided that it is realised on mutual basis" This requirement is not seek for the honourable membership.
F. Formation of organizations by the associations
I. Opening of branches
1. Formation Article 94-The associations may open branches in any place deemed necessary. The board of founders comprising at least three persons and authorised by the board of directors for this purpose submit the incorporation declaration and other documents required for opening of a branch to the highest administrative authority of the location. (Repealed subsection by Law No. 4963/34: The founders of the branch are required to be domiciled at the location of the branch for a period of at least six years.) The content of the declaration for opening of a branch and other required information is set out in the regulations.
2. Legal organs of the branch and applicable provisions Article 95-Each branch must constitute a general assembly, board of directors, auditors' board, or appoint an auditor. The provisions of this Law are applicable for the duties and authorisations of these organs, as well as other issues relating to the branch organization.
II. Formation of higher organizations
1. Federations Article 96-The federations are formed by combination of at least five associations that join by establishing membership for the realisation of the same object adopted during incorporation. Every federation has an ordinance. The federation is regarded in the status of a legal entity upon submission of the incorporation declaration, by-laws and other required documents to the highest administrative authority of the location.
2. Confederations Article 97-The confederations are formed by combination of at least three federations that join by establishing membership for the realisation of the same object. Every confederation has an ordinance. The federation is regarded in the status of a legal entity upon submission of the incorporation statement, by-laws and other required documents to the highest administrative authority of the location.
3. Common provisions Article 98-The associations are represented in the general assembly of the federations and the federations in the general assembly of the confederations by at least three members to be nominated. The representative members are selected by the general assembly of the relevant associations and federations. The provisions of this Law are applicable for the issues relating to the federations and confederations.
G. Income of the association Article 99-The membership fees, profit gained from the activities of the association or from its assets, contributions and donations constitute the income of the association. H. Reserved provisions Article 100-The special provisions relating to the associations formed to serve for public interest and to those established under private laws, are hereby reserved.
THIRD SECTION FOUNDATIONS
1. Definition Article 101-The foundations are the charity groups in the status of a legal entity formed by real persons or legal entities dedicating their private property and rights for public use. The entire property or all kinds of income received or to be received from the activities, or economic values of any real person or legal entity may be endowed to a foundation. There is no membership status in the foundations. Formation of a foundation contrary to the characteristics of the Republic defined by the Constitution, Constitutional rules, laws, ethics, national integrity and national interest, or with the aim of supporting a distinctive race or community, is restricted.
II. Formation procedure Article 102-The will for forming a foundation is expressed by issuance of an official deed or title acquired after a deceased person.. The foundation is regarded in the status of a legal entity when it is being registered in the records kept by the court of that location. Realisation of transactions relating to formation of a foundation by an official deed through the intermediary of a proxy may only be possible under presentation of an authorisation certificate issued by a public notary and declaration of the properties and rights to be dedicated to the foundation in this certificate. Application to the court is made by the dedicator if a deed is constituted; if the dedication is made under a title after a death, then the application is made ex officio upon notification of the concerned persons, or the judge of common court who opens the testament, or by the General Directorate of Foundation. The court, to which the applications are made, is entitled to take ex officio all the necessary measures for the protection of the property and rights.
III. Appeal and annulment Article 103-An appeal may be made against the judgment given by the court by the applicant or the General Directorate of Foundations within one month as of the date of notification. The General Directorate of Foundations and the concerned persons may file suit of nullity in case of existence of any reason that may hinder the formation of a foundation.
IV. Registration and announcement Article 104-Where a decision is given for the registration of a foundation, it is registered in the records kept by the competent court at the location of the foundation; also, it is registered in the central register of General Directorate of Foundations. In the event that registration decision is given by another court, the documents required for registration are transferred to the competent court at the location of the foundation to complete the registration transaction. Upon notification of the local court, the foundation having registered in the central register of the General Directorate of Foundations is announced in the Official Gazette. The registration and announcement is made according to the provisions of the by-laws.
V. Acquisition of property and rights and responsibilities Article 105-The proprietorship of the dedicated property and the rights are transferred to the foundation after it achieves the status of a legal entity. The court which adjudicates for the registration of the foundation notifies the land register for annotation of the dedicated property in the name of the foundation. The responsibilities of the foundation formed under the title acquired after death in respect of obligations of the inheritor are limited with the property and rights dedicated.
B. Foundation deed
I. Content Article 106-The title, object, property and rights dedicated for this purpose, organization and type of management, and domicile of the foundation are indicated in the foundation deed. II. Negligence Article 107-Where the object or the property and rights dedicated for this purpose are not sufficiently indicated in the foundation deed, or in case of existence of other negligence in the declarations; this fact may not constitute grounds for the rejection of the application made to achieve the status of a legal entity. Such negligence may either be recovered under the supervision of the competent court before adjudication of registration or may be completed after the formation of the foundation by the local court upon request of the auditing authority, also obtaining the opinion of the foundation if there is chance to do so. Unless otherwise is expressed by the dedicator, the property and rights dedicated to the foundation under the title acquired after death and found to be insufficient to achieve the object, are endowed to another foundation having similar object by the judge referring to the opinion of the auditing authority.
C. Right of heirs and creditors to commence an action Article 108- The right of heirs and creditors of the dedicator to commence an action are hereby reserved pursuant to the provisions relating to dedication and acquisition of title after death.
D. Organization of the foundation
I. In general Article 109-It is compulsory to constitute an administrative organ within the body of the foundation. The dedicator may also indicate other organs in the foundation if he deems necessary.
II. Aid fund for employees and workers Article 110-The directors of the foundation formed to render aid to the employees and workers are obliged to provide necessary information about the organization, operation and financial statute of the foundation to the individuals producing advantage from these supports. The employees and workers endowing money to the foundation may participate in the management at least in proportion with their contribution to the fund and select representatives among themselves. As the fund of the foundation will be created by the contributions of the employees and workers, the portion corresponding to such payments will be regarded as receivable of the foundation against the employer. Therefore, it is necessary to provide the required guarantee conditions for this receivable. In order to commence an action for producing advantage from the foundation, one either should fulfil the obligations relating to the payments, or such right should have been vested upon the claimant under the provision governing the foundation. The amendments to be made in the provisions relating to participation of the employees and workers in the management and to the conditions for receiving of compensations from the from the fund are presented to the adjudication of the local court upon request of the authorised organ, subject to the written opinion of auditing body as set out in the foundation deed.
E. Auditing Article 111-The foundations are audited by the General Directorate and higher organizations in order to determine whether the requirements of the foundation deed are fulfilled or not, the assets of the foundation are being used for the specified purpose and the income of the foundation is spent reasonably. The auditing of the foundations by higher organizations is subject to the provisions of the private law. The auditing procedure, its consequences and participation share of all the foundations in the auditing expenses payable to the General Directorate of Foundations are determined under bylaws provided that it may not exceed five percent of the net profit of the foundation.
F. Change of management, object and properties
I. Change of management Article 112-Where it is based on justifiable reasons, the court may change the organization, management and operation of the foundation upon request of the authorised organ or auditing body of the foundation subject to the written opinion of the other party. Unless otherwise is provided in the foundation deed, the court, upon request of the auditing body, may dismiss the directors from office with the reasons listed in the by-laws by commencing a hearing and may select persons in replacement.
II. Change of object and properties Article 113- Where the prevailing circumstances and conditions do not allow the realisation of the object foreseen by the dedicator, then the court may change the object of the foundation upon request of the authorised organ or auditing body of the foundation and referring to the written opinion of the other party. The same provision is applicable in abrogation or change of conditions and liabilities that considerably hinder the realisation of the object. Where there are justifiable reasons for replacement of the property and rights dedicated by more satisfactory assets, or conversion of the same into cash, the court may give permission for such changes upon request of the authorised organ or auditing body of the foundation subject to the written opinion of the other party.
G. Annual report Article 114-During the first quarter of each calendar year, a report containing information about the assets and activities of the foundation for the previous year is submitted to the auditing board by the administrative organ of the foundation and announcement of the current status of the foundation is provided through appropriate means.
H- Suspension of activities Article 115- Under the circumstances stipulated in the Constitution and according to the principles set out in the legislation, the Ministry of Finance may suspend the activities of the foundation until the judgement of the court is received referring to the pinion of the auditing body. The judge is entitled to consider such claim and give judgement within the shortest period.
I- Dissolution of foundation Article 116-The foundation may dissolve ipso facto where the realisation of the object becomes impossible and amendment of the object is out of question and the name of the foundation is deleted from the official records upon obtaining court decision. Where it is not possible to amend the object of the foundation revealed to carry out restricted activities, or the object is determined to be contrary to the legislation; the foundation is dissolved upon request of the auditing board or, the Public Prosecutor.
J. Other Provisions Article 117- Provisions relating to adverse possession may not be applicable to the assets of the foundations. The provisions relating to performance of activities by the foundations in international arena and formation of higher organizations may also be applicable to the foundation by way of comparison. Special provisions relating to the foundations formed for public interest or under private laws are hereby reserved.
Last post by admin - January 16, 2023, 12:17:27 AM
TURKISH CIVIL CODE Law No : 4721 Date of Acceptance : 22/11/2001 Published on Official Gazette: Date: 8/12/2001 Nr : 24607 Published Code : Series : 5 Vol: 41 Status: As per Article 22 of Law no.4722, dated 3/12/2001 on Enforcement and Implementation of Turkish Civil Code; by the time new regulations are made, provisions of bylaws and regulations in force that are not contrary to Turkish Civil Code shall be in effect, hence please see the numerical index arranged in accordance with laws (No. 743) for "Corpus of Bylaws"and "Corpus of Regulations and see the numerical index arranged in line with Law No.4721 for the bylaw put into effect based on Law No 4721.
For provisions of the repealed Law No.743, dated 17/2/1926 please see Volume 2 page number 1299 and onwards of 'Corpus of Abolished Provisions of Certain Laws in Force' and for the repealed provisions of Law No.4721, please see page number 1304-135 and onwards. Law N. 4721, dated 7/12/2002 Date Of Acceptance : 22.11.2001 Text uptated Law No. 4963, dated 6/8/2003 published in official Gazette No. 25192 dated 7/8/2003