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.
Interest
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.
Immovable property
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.
Expiration
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.
Borrower's salvage
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.
Rent costs
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.
Time out
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.
Assurance, reinstatement, requesting partial payment
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.
Empty grades
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.
Auction
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.
Prompt payment
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.
Must
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.
Priority
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.
Appraisal
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.
Due notice
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.
Malikin status
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.
State responsibility
Article 905- The State is responsible for not taking due care in its appraisal.
The state may recourse to the officers with a defect.
Load Recovery
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.
Division
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.
Patron shape
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.
Common delegate
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.
Cancellation
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
Paid-in bonds
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.
Regulating
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.
Registration
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.
Check
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.
Discrete situations
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.
Art pledge
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.
Lower pledge
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.
Repayment debt
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.
Coverage scope
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.
Queue order
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.
Discrete situations
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.
Rulings
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
generally
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.
Precious documents
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.
Art pledge
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.
Süre
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.
Lender's rights
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
qualifications
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.
shape
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.
Regulating
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;
temporary interruption
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.
Non-delivery transfer
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.
Real Estate
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.
Compensation
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:
Land,
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.
Plan
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.
Multiple regions
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.
Responsibility
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.
Representations
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.
Correction
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)
Repealed Law
Article 1028- 17 The Turkish Civil Code 1926 dated February 743 has been repealed.
Force
Article 1029- This Law enters into force on 1 January 2002.
Executive
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
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.
Interest
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.
Immovable property
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.
Expiration
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.
Borrower's salvage
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.
Rent costs
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.
Time out
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.
Assurance, reinstatement, requesting partial payment
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.
Empty grades
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.
Auction
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.
Prompt payment
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.
Must
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.
Priority
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.
Appraisal
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.
Due notice
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.
Malikin status
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.
State responsibility
Article 905- The State is responsible for not taking due care in its appraisal.
The state may recourse to the officers with a defect.
Load Recovery
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.
Division
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.
Patron shape
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.
Common delegate
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.
Cancellation
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
Paid-in bonds
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.
Regulating
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.
Registration
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.
Check
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.
Discrete situations
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.
Art pledge
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.
Lower pledge
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.
Repayment debt
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.
Coverage scope
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.
Queue order
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.
Discrete situations
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.
Rulings
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
generally
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.
Precious documents
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.
Art pledge
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.
Süre
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.
Lender's rights
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
qualifications
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.
shape
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.
Regulating
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;
temporary interruption
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.
Non-delivery transfer
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.
Real Estate
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.
Compensation
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:
Land,
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.
Plan
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.
Multiple regions
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.
Responsibility
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.
Representations
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.
Correction
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)
Repealed Law
Article 1028- 17 The Turkish Civil Code 1926 dated February 743 has been repealed.
Force
Article 1029- This Law enters into force on 1 January 2002.
Executive
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
The term of office of the members of the Board is four years. The member whose term ends can be re-elected. The person who replaces a member whose term of office ends for any reason without fulfilling his/her office shall complete the rest of the term.