Starting Items

Implementation and sources of law

Article 1 – The law shall apply to all matters referred to by the word and its essence.

If there is no applicable provision in the law, the judge decides according to the customary law, otherwise whatever rule he would have made if he was a legislator.

The judge shall benefit from scientific opinions and judicial decisions when making decisions.

The scope of legal relations; behaving honestly

Article 2 – Everyone has to abide by the rules of honesty when exercising their rights and in fulfilling their debts.

The explicit exercise of a right does not preserve the legal order.

Goodwill

Article 3- In cases where the law imposes a legal result on good, the existence of good is essential.

However, according to the requirements of the situation that does not show the expected diligence can not claim any good.

Judge’s discretion

Article 4 – The judge decides on the basis of law and fairness in matters where the law recognizes discretionary powers or orders to consider the requirements of the situation or justified reasons.

General qualified provisions

Article 5 – The general provisions of this Law and the Code of Obligations apply to all private law relations to the extent that it is appropriate.

Rules of proof; Burden of proof

Article 6 – Unless there is a provision contrary to the law, each party is obliged to prove the existence of the facts on which it is based.

Proof with official documents

Article 7 – Official registries and evidence form evidence of the accuracy of the facts they document.

Proof of their content is not true unless there is another provision in the law.

BOOK ONE (PERSONS)

PART ONE – LAW OF PERSONS

Part One – Real Persons

PERSONALITY; Generally; entitlement

Article 8 – Every man has the right to a license.

Accordingly, all human beings are equal in being capable of rights and obligations within the boundaries of the legal order.

Verb driving license; coverage

Article 9 – Anyone who has a capacity to act can obtain rights and undertake their own actions.

Terms & conditions; generally

Article 10 – Each adult person who has the power to discriminate and who is not limited has the capacity to act.

Puberty

Article 11 – Puberty begins at the age of eighteen.

Marriage makes the person mature.

How to make adult

Article 12 – A minor who has completed the age of fifteen can be made adult by the court upon his own will and with the consent of his guardian.

Distinguishing power

Article 13- Any person who is not deprived of his or his ability to act in a reasonable way due to the small age of his or his mental illness, mental weakness, intoxication or similar reasons has the power to distinguish this Law.

incompetence Fiil; generally

Article 14- Those who are not able to discriminate, minors and limited persons have no capacity to act.

Lack of discriminating power

Article 15- Without prejudice to the distinct situations indicated in the law, the actions of a person who does not have the power to discriminate do not have legal consequences.

Minors with limited powers and constraints

Article 16- Minors and minors who have the power to discriminate cannot undergo a debt of their own unless they have the consent of their legal representatives. This consent is not required for unrequited and non-binding rights.

Minors and limited persons who have the power to discriminate are responsible for the wrongful acts.

Kinship; Blood shortness

Article 17- The degree of blood keratosis is determined by the number of births that connect the kinship.

Ancestor-descendant kinship between people from one another; There is a half-love relationship between people who come from a common root and not one of them.

Beech relationship

Article 18- One of the spouses and the other spouse’s blood relatives, the same kind and degree of beech relatives.

Beech relationship, does not disappear with the end of the marriage itself.

Settlement; Term

Article 19- The settlement is where a person lives with the intention of staying.

One cannot have more than one settlement at the same time.

This rule does not apply to commercial and industrial organizations.

Changing of the settlement and seating

Article 20- Changing a settlement depends on the acquisition of a new one.

Previous certain non-settlement or settlement in cases where the drop in the foreign countries in Turkey, yet still no one who had his seat to obtain a settlement, the settlement counted.

Legal location

Article 21- The settlement of the child, who is under the supervision of the parent, is subject to; If the parents do not have a common place of residence, it is the settlement of the mother or father to whom the child is left. In other cases, the child’s residence is considered to be his settlement.

The place of guardianship is the place where the guardianship office is located.

In institutions

Article 22- It does not result in a place to attend an education institution or to be placed in a training, health, care or punishment institution, and to obtain a new settlement.

Preserving personality; Against extinction and excessive limitation

Article 23- Nobody can partially give up their rights and acts.

No one can give up their liberty or limit them to law or morality.

Upon receipt of written consent, it is possible to collect, vaccinate and transplant human biological substances. However, they cannot be asked to perform their actions from those who have undergone the biological Substance; no material or moral compensation can be made.  

Against attack; Principle

Article 24- Any person who is attacked by an illegal right against the law may ask the judge to be protected against the attackers.

Every attack on personal rights is against the law unless it is justified by the consent of a person whose right to a personality is impaired, by the use of the superior private or public benefit or by the exercise of the power of the law.

litigation

Article 25- The plaintiff may request the judge to determine that the threat of attack is prevented, that the ongoing offensive is stopped and that the effects of the ongoing attack are unlawful, even if it is over.

The plaintiff may also request that the correction or decision be notified or published to third parties.

The claimant reserves the right to request financial and non-pecuniary damages and the earnings obtained due to the illegal attack to be paid to him in accordance with the provisions of working without a power of attorney.

The request for spiritual compensation cannot be transferred unless it has been accepted by the other party; it does not pass to heirs unless it is put forward by the inheritance.

The plaintiff may file a lawsuit in the local court for the protection of his / her personal rights or in the settlement of the defendant.

right on name; Name protection

Article 26- The person who is content to use his name can sue the determination of his right.

The person whose name is used unjustly shall be terminated; If it is defective, it may also ask for compensation of material damage and moral compensation if it requires the quality of the unfairness it has suffered.

Changing the name

Article 27- The name may be changed from the judge on the basis of justified reasons.

It is registered and announced in the population registry where the name is changed.

Changing the name does not change the personal situation.

A person who has suffered a change of name may sue the removal of the decision to change within one year, starting from the day he / she learned it.

Beginning and ending of personality; Birth and death

Article 28- Personality starts right when the child is fully born and ends with death.

Obtain the right of child rights, right from the moment you fall into the womb.  

Proof of death and death; Burden of proof

Article 29- Anyone who claims that a person is alive or dead in order to exercise a right, or that he is alive at a certain time or in the death of another person, has to prove his claim.

If more than one person cannot be proven before or after his death, they are all dead at the same time.

Proofing Tools; generally

Article 30- Birth and death are proved by the records in the population registry.

If there is no registration in the registry, or the registration is found to be inaccurate, the actual situation can be proven by any evidence.

Death presumption

Article 31- If a person disappears in circumstances that require his death to be seen, he is considered dead, even if his body was not found.

absence decision; generally

Article 32- If there is strong possibility of the death of a person who is lost in the danger of death or who has not been heard from him for a long time, the court may decide upon the application of those persons whose rights are due to this death.

Competent court, the person’s last settlement in Turkey; where if no settlement has been registered in the population registry in Turkey; If there is no such record, it is the court where the mother or father is registered.

Judgment procedure

Article 33- At least five years must be passed over the danger of death, or at least five years from the date of the last notice, in order to request a judgment.

The court invites the persons who have knowledge of the person to be decided upon to be declared in accordance with the procedure for giving information in a certain period of time.

This period is at least six months from the date of the first announcement.

The fall of my request

Article 34- If the person to be dealt with before the expiry of the notice expires or if notice is received or the date of his death is determined, the request for offense falls.

Ruling

Article 35- If the announcement fails, the court decides for imposition and death-related rights are used as if the death was proven.

The verdict shall be effected from the day of death or from the day of the last news.

Part Two – Personal Status Registry

generally; Record

Article 36: The personal situation is determined by the official record held for this purpose.

The principles regarding the retention of this registry and making mandatory notifications shall be indicated in the related law.

officials

Article 37- The personal status record shall be kept by the officers appointed by the State. It is the duty of these officers to keep records and give examples.

Foreign their homeland in Turkey’s representative, the proposal of the Ministry of Foreign Affairs, Ministry of Interior and the Prime Minister to join with the approval of officer authorized to population.

Responsibility

Article 38- Damages arising from the retention of the personal status record shall be compensated by the State, with the condition of recourse to the defective officer.

Compensation and recourse cases are opened in the court where the personal status record is kept.

Correction; generally

Article 39- Unless there is a court decision, no record of personal status records can be corrected.

Gender change

Article 40- Anyone who wants to change their gender can apply in person and ask the court to allow gender reassignment. However, in order for the permission to be granted, the applicant must be over the age of eighteen and not married; He is also transgender in nature and states that gender reassignment is a necessity in terms of mental health.it is mandatory to document it with an official medical board report from a training and research hospital.

In the event that a gender reassignment surgery that is appropriate to the purpose and medical methods is confirmed by the official health board report, the court decides to make the necessary corrections in the population registry.

Birth register; Reporting

Article 41- The notifications regarding births and the transactions about the children whose identity is unknown are made according to the provisions of the relevant law.

Changes in birth register

Article 42- Changes in the personal situation, in particular the recognition of a child out of wedlock or the judge deciding paternity, correction of the childbearing, adoption or the existence of a child’s paternity are recorded in the register according to the provisions of the relevant law.  

Death log; Notification of death

Article 43- Notification of deaths shall be made in accordance with the provisions of the relevant law.

The person who cannot be found

Article 44- If a person disappears in situations that require his death to be seen, even if his body could not be found, his dead record shall be deducted by the order of the greatest property supervisor of that place.

However, each concerned may prosecute the court to determine that this person is dead or alive.

absence decision

Article 45- Upon the notification of the judge, the judgment is registered to the death register.

Logging changes

Article 46- Changes that are necessary to determine whether a statement based on the registration is not true or whose identity is unknown to whom the identity of the body is unknown, or the removal of the gaiplik decision is made by writing to the thoughts column of the registration of the record in the related file.

PART TWO – LEGAL ENTITIES

Part One – General Provisions

Legal entity

Article 47- Groups of persons organized as a stand-alone entity and independent property groups dedicated to a certain purpose acquire legal personality pursuant to special provisions related to them.

People and property communities whose purpose is contrary to law or morality cannot acquire legal personality.

Right to license

Article 48- Legal persons are entitled to all rights and debts except for those who are dependent on the characteristics specific to the human being, such as gender, age or relationship.

Verb driving license; condition

Article 49- Legal persons, having the necessary organs according to the law and establishment documents, acquire the capacity to act.

Using the

Article 50- The will of the legal entity is explained through its bodies.

Organs, legal proceedings and all other acts bring the legal entity under debt.

The organs are also personally responsible for their defects.  

Settlement

Article 51- The place of the legal person is the place where the business is managed unless there is another provision in the establishment document.

Termination of personality; Limited continuation

Article 52- The personality of the expired legal entity shall continue during the liquidation, limited to the purpose of liquidation.

Liquidation of assets

Article 53- The liquidation of the assets of a legal entity shall be made in accordance with the provisions of the official liquidation of the land, unless otherwise provided in the law and the establishment document.

Assignment of assets

Article 54- The assets of the legal entity shall be transferred to the nearest public institution or organization unless there is another provision in the law or establishment document or the competent body decides otherwise.

This property is used for the purpose for which the property was previously identified.

In any case, the assets of the legal entity whose personality is terminated by a court decision for any purpose that is contrary to law or morality shall be passed to the relevant public institution.

Stored provisions

Article 55- The provisions of the law on public legal entities and trade companies are reserved.

Part Two – Associations

Organization; Description

Article 56- Associations are groups of individuals with a legal personality, formed by combining their knowledge and work continuously, in order to achieve a specific and common goal of at least seven persons other than earnings sharing.

No association can be established for unlawful or unethical purposes.

Right of association

Article 57-  Everyone has the right to form associations without prior permission.

The founders of the Association must have the capacity to act.

Charter

Article 58-  Each association has a charter.

It is obligatory to show the name of the association, its purpose, income sources, membership conditions, organs and organization and the temporary board of directors in the charter of the association.

The statutes of the Association cannot be contrary to the mandatory provisions of the law.

The provisions of the law are applied in matters not regulated in the charter of the Association.

Acquisition of legal personality; Winning moment

The content of the organization declaration and what the required documents are made up are shown in the regulation.

Article 59- Associations gain legal personality at the moment they submit the notifications of the organization, the statute of the association and the necessary documents to the greatest property supervisor of the place where the settlement is located.

Article 60- The organization declaration and the accuracy of the documents and the bylaws of the association shall be examined by the largest property chief within sixty days.

In case of unlawfulness or deficiencies in the declaration of establishment, the statute and the legal status of the founders, it shall be requested from the founders to eliminate or complete them. If the deficiency stated within thirty days starting from the notification of this request is not completed and the law is not resolved; the largest civilian chief, the competent civil court to file a case against the dissolution of the association to inform the public prosecutor. The public prosecutor may also ask the court to decide to suspend its activity.

There is no unlawfulness or deficiency in the declaration of establishment, the statute and the documents or if such irregularity or deficiency has been resolved in a certain period of time; the event is notified to the association in writing and the association is registered in the register of associations.

Declaration of Association Bylaw

Item 61- This item has been removed.

First General Assembly Meeting

Article 62- Associations are obliged to hold their first general assembly meeting and form their mandatory organs within six months following the written notification made pursuant to the last paragraph of Article 60.

Membership; Acquiring; 

Article 63- No one can be compelled to become a member of an association or to accept members of any association.

Terms & conditions

Article 64- Any natural person who has a capacity to act shall have the right to become a member of associations.

The membership application to be made in writing is decided by the board of directors of the association within maximum thirty days and the result is notified to the applicant in writing. The member whose application is accepted is recorded in the book to be kept for this purpose.

Termination; Spontaneously

Article 65- Membership of the association for those who lose the qualifications required by law or bylaw for membership shall automatically terminate.

With Quitting

Article 66- No one can be compelled to remain a member of the association. Each member has the right to leave the association, provided that he or she notifies him in writing.

With subtraction

Article 67- The reasons for the removal of the members can be shown in the statute.

If the reasons for removal are shown in the Regulation, it cannot be objected to the claim that these reasons are not justified.

A member may be removed for justified reasons, unless the order is issued. This subtraction can be appealed by asserting that there is no just cause.

coverage; Members’ rights; The principle of equality

Article 68- Members of the association have equal rights. The Association cannot observe language, race, color, gender, religion and sect, family, class and class differences among its members; cannot implement practices that distort equality or give privileges to some members.

Each member has the right to participate in the activities and management of the association.

The member who is removed or removed from the association cannot claim the rights of the association.

Suffrage

Article 69- Each member has one vote in the general assembly; The member must use the game in person.

Honorary members are not entitled to vote.

Members’ obligations; Obligation to pay the debt

Article 70- The debt of the members to make the payment is regulated by statute. If there is no regulation in the statute, the members participate equally in the compulsory payments in order to fulfill the purpose of the association and meet their debts. The member who is removed or removed from the association has to pay the period of membership.

Honorary members do not have to pay.

Other obligations

Article 71- Members are obliged to comply with the order of the association and to show loyalty to the association.

Each member is obliged to act in accordance with the purpose of the association, and in particular to avoid behaviors that make it difficult or obstruct the realization of the purpose.   

Organs; generally

Article 72- The mandatory bodies of the Association are the general assembly, the board of directors and the supervisory board.

Associations may form other bodies apart from their mandatory bodies. However, duties, powers and responsibilities of mandatory bodies cannot be transferred to these bodies.

General Assembly; Nature and formation

Article 73- The General Assembly is the most authoritative decision-making body of the Association. members of the association.

collection; Ordinary meeting

Article 74- The general assembly convenes upon the call of the board of directors at the time specified in the bylaws.

Ordinary General Assembly meetings must be held every three years at the latest.

Extraordinary meeting

Article 75-  The General Assembly is called to the extraordinary meeting of the Board of Directors by the Board of Directors upon the written application of the Board of Directors or the Board of Auditors.

If the board of directors does not call the general assembly to the meeting; Upon the application of one of the members, the magistrate appoints three members to convene the general assembly.

Decisions taken without a meeting or meeting

Article 76- The decisions taken by the written participation of all members without coming together and the decisions taken by the members of the association without complying with the written procedure are valid.

The decision to take such a decision does not replace the ordinary meeting.

Call to meeting

Article 77- The general assembly is called to the meeting at least fifteen days in advance by the board of directors. For this purpose, the day, hour, place and agenda of the meeting are notified to the members.

The matters related to the call for the meeting and the postponement of the meeting shall be regulated by regulation.

Meeting place and meeting quorum

Article 78- General assembly meetings shall be held at the place where the head office of the association is located unless otherwise stated in the statute.

The General Assembly shall convene with the participation of two thirds of the absolute majority of the members who are entitled to participate in the amendment of the charter and the dissolution of the association; If the meeting is postponed due to lack of majority, the majority is not required in the second meeting. However, the number of members attending this meeting may not be less than twice the total number of members of the board of directors and auditors.

The General Assembly meeting may not be postponed more than once.  

Meeting procedure

Article 79- After the opening of the General Assembly meeting, a chairman and a sufficient number of deputy chairmen and secretaries are elected to manage the meeting.

Only the items on the agenda are discussed in the General Assembly. However, it is mandatory to have at least one tenth of the members present at the meeting to discuss the issues requested in writing.

Duties and powers of the General Assembly

Article 80- The General Assembly shall make the final decision on admission to and removal from membership; selects the organs of the association and sees the works that have not been given to any other body of the association.

The General Assembly shall supervise the other bodies of the Association and may dismiss them for good reason.

Decisions of the General Assembly; Decision quorum

Article 81- The resolutions of the General Assembly shall be taken by the absolute majority of the members attending the meeting. However, the amendments to the bylaws and the dissolution of the association can only be taken by a two-thirds majority of the members attending the meeting.

Deprivation

Article 82- No member of the association may vote on any legal action or dispute between the association and itself, his spouse, exponent or subordinate.

The provisions of the above paragraph shall apply to the person who will vote on behalf of the legal entity.

Cancellation of decision

Article 83- Each member who is present at the meeting and who does not participate in the resolutions of the general assembly taken contrary to the law or bylaws shall be within one month from the date of decision; Any member who is not present at the meeting may request the cancellation of the decision by applying to the court within a month starting from the learning of the decision and within three months of the date of the decision.

Against the decisions of other bodies, the cancellation case cannot be opened unless the internal audit paths are exhausted.

The General Assembly resolutions are deemed to be null and void.

Board of Directors; formation

Article 84- The Board of Directors consists of the number of members specified in the charter of the Association, not less than five original and five substitute members.

If the number of members of the board of directors falls below half of the total number of members due to vacancies; The general assembly is called for a meeting within one month by the remaining members of the board of directors or the supervisory board. If the call is not made, upon the request of one of the members, the magistrate assigns three members to convene the general assembly.

Duties

Article 85- The board of directors is the executive and representative body of the association; fulfills this duty in accordance with the law and bylaws of the association.

The representation task may be given by the board of directors, one of the members or a third party. 

Supervisory Board

Article 86- The Board of Auditors consists of the number of members specified in the statutes of the Association, not less than three principal and three substitute members.

The supervisory board shall carry out the audit duties in accordance with the principles and procedures specified in the statute of the association; presents the results of the audit to the board of directors and the general assembly with a report.

Termination; Spontaneously

Article 87- Associations spontaneously end in the following cases:

The realization of the purpose, the impossibility of its realization or the expiration of the period,

The fact that the first general assembly meeting has not been held within the prescribed period and the compulsory bodies have not been formed,

That he has a problem in paying the debt,

The establishment of the board of directors in accordance with the statute becomes impossible,

Ordinary general assembly meeting can not be held twice in a row.

Each concerned may ask the magistrate to determine that the association is terminated automatically.

With the decision of the General Assembly

Article 88- The General Assembly may decide to terminate the Association at any time.

With court decision

Article 89- If the purpose of the association is contrary to law or morality; At the request of the public prosecutor or an interested party, the court decides on dissolution of the association. The court shall take all necessary measures, including the suspension of activity during the trial.

Activities of associations; generally

Article 90- Associations operate in accordance with the working subjects and forms specified in their statutes to achieve their objectives.

The provisions of the special law of public law are prohibited regarding prohibited or authorized activities.

In case of violations of prohibitions and limitations related to the activities of the Association, the court may decide to suspend it from the activity by the public prosecutor. 

International activity; Free activity

Article 91- Associations may carry out international activities and cooperations in order to realize the objectives set forth in their statutes, they may open branches abroad and participate in associations or organizations established abroad.

Foreign associations

Article 92- Foreign associations can operate and cooperate in Turkey, open branches, establish superior organizations and join established superior organizations, with the permission of the Ministry of Interior, by taking the opinion of the Ministry of Foreign Affairs.

The right of foreigners to form associations

Article 93- Foreign real persons who have the right to settle in Turkey can establish associations or become members of established associations.

This condition does not apply to honorary membership.

Organization of associations; Branch openings; Organization

Article 94- Associations may open branches where deemed necessary by the decision of the general assembly. For this purpose, the Board of Founders, which is authorized by the Board of Directors of the Association, shall give the branch establishment notification and the necessary documents to the biggest property supervisor of the place where the branch will be opened.

The content and required documents of the branch notice are shown in the regulation.

The organs of the branch and the provisions to be applied

Article 95- It is obligatory to have a general assembly and board of directors, and an audit board or an auditor in each branch.

The provisions of this Law shall be applicable to the duties and authorities of these bodies and other matters relating to the branches.

Establishing top organizations – Federation

Article 96- Federations are established by meeting at least five associations with the same aims of organization as members in order to realize their goals.

Each federation has a charter.

The federation shall become a legal entity upon the issuance of the declaration of establishment, the statute and the necessary documents to the greatest property supervisor of the settlement.

Confederation

Article 97- Confederations shall be constituted by the meeting of at least three federations with the same objectives as members in order to realize their purposes.

Each confederation has a charter.

The Confederation shall become a legal entity upon the issuance of its establishment notice, bylaws and necessary documents to the greatest property supervisor of the settlement.

Common provisions

Article 98- Associations, the federation they depend on; federations are represented by at least three members in the general assembly of the confederation. Representative members are elected by the general assemblies of the relevant associations and federations.

The provisions of this Law shall be applied to other matters relating to the Federation and the confederations.

Association income

Article 99- The income of the Association consists of the income of the members, the income of the association’s assets and the donations and grants.

Stored provisions

Article 100- Special provisions on associations established by public bodies and special laws are reserved.

Part Three – Foundations

Organization; Description

Article 101- Foundations, real or legal persons of sufficient goods and rights of a specific and continuous purpose are formed by a community of goods with a group of goods.

All assets of an asset or any income or economic value of which it is realized or will be realized may be granted.

A foundation cannot be established against the characteristics of the Republic determined by the Constitution and the fundamental principles of the Constitution, against the law, morality, national unity and national interests, or to support members of a certain race or community.

Form of organization

Article 102- The will to establish a foundation is explained by official bills or death savings. The foundation obtains a legal entity by registering with the registry held before the settlement court.

The process of establishing a foundation with an official deed shall be made by a representative and the authority of representation shall be given by a notarized document and in this document the existence of the goods and rights to be determined by the purpose of the foundation shall be determined.

Applying to the court, if an official deed is issued by the endower; If the foundation is based on death savings, it is made upon the notification of the relevant persons or the magistrate who opened the will or by the General Directorate of Foundations.

The applied court takes the necessary measures for the protection of property and rights ex officio.

Appeal and cancellation

Article 103- The decision of the Court may be appealed by the applicant or the General Directorate of Foundations within one month from the date of notification.

The General Directorate of Foundations or the concerned persons may file an annulment action in the presence of reasons preventing the establishment of the foundation.

Registration and announcement

Article 104- The foundation whose registration is decided shall be registered with the register held before the foundation’s court of residence; also registered in the central registry held at the General Directorate of Foundations.

If the decision of registration is given by another court, it is sent to the foundation’s court for registration together with the relevant documents.

Upon the notification to be made by the settlement court, the foundation registered by the Directorate General of Foundations by the General Directorate of Foundations is announced with the Official Gazette.

The registration and announcement shall be made in accordance with the provisions of the bylaws.  

The acquisition of goods and rights and responsibility

Article 105- The ownership and rights of the property sought pass to the foundation upon the acquisition of the legal entity.

The court, which decides on registration, shall inform the land registry of the registered immovable on behalf of the foundation legal entity.

The responsibility of the foundation, which is established with the savings due to the death, is limited to the rights and rights of the inheritance.

Foundation certificate; contents

Article 106- The name of the foundation, its purpose, the goods and rights specific to this purpose, the organization and management form of the foundation and the settlement are shown in the foundation deed.

shortcomings

Article 107- If the purpose of the foundation and the rights and rights of the foundation are determined sufficiently for the purpose of the foundation, the other shortcomings do not require the rejection of the application for the foundation to gain legal personality.

Such deficiencies may be completed by the court before the registration decision is made; upon the application of the supervisory authority after the establishment, if possible, the court is taken by the foundation’s court taking the opinion of the foundation.

If the property and rights granted to the foundation whose registration is requested through death-related disposition are not sufficient to achieve the purpose; These properties and rights are reserved by the judge to a foundation for similar purposes, by obtaining the opinion of the supervisory authority, unless the foundation declares a contrary will.

The right of the heirs and creditors

Article 108- The rights of the heirs of the foundation and the creditors shall be reserved in accordance with the provisions related to forgiveness and death-related savings.

Foundation organization; generally

Article 109- A governing body of the Foundation must be present. The foundation may also present other organs that it deems necessary in the foundation bill.

Foundation for workers and workers

Article 110- The managers of the charities and the workers of the aid foundations are obliged to provide the beneficiaries with the necessary information about the organization, operation and financial situation of the foundation.

The employees and workers who pay the Foundation receive the least amount of payment and choose their representatives among them as much as possible.

The fact that the portion of the Foundation’s assets will be provided by the workers and the payments to be made by the workers is only a receivable of the foundation against the employer, but it is due to the provision of sufficient security for this receivable.

It is up to the beneficiaries to request the execution of the performances of the foundation by means of a lawsuit, to give them a payment or to have the rights regulating the foundation recognized this right.  

Amendments to be made in the provisions regarding the participation of the employees and beneficiaries in the charity foundations and the conditions of benefiting from the foundation are decided by the court of residence upon the request of the authorized body according to the foundation deed, and after the written opinion of the supervisory authority is obtained.

Audit

Article 111- They are audited by the General Directorate of Foundations and their parent organizations, where the foundations do not fulfill the provisions of the foundation deed, manage the foundation properties in an appropriate manner and spend the foundation revenues appropriately. Supervision of foundations by the top organizations is subject to special provisions.

Change of management, purpose and goods; Changing management

Article 112- If there are justifiable reasons, the court may change the organization, management and functioning of the foundation after receiving a written opinion of the other upon the request of the governing body or supervisory authority.

The court, upon the application of the supervisory authority, (…)⁽¹⁾ they may dismiss the managers as a hearing and choose a new one if no other provision is made in the foundation bill.

Change of purpose and goods

Article 113- If adherence to the purpose stated in the foundation bill due to changes in circumstances and conditions has become unacceptable to the wishes of the foundation, the court may change the purpose of the foundation after receiving the written opinion of the other upon the application of the management body or audit authority of the foundation.

The same provision shall apply to the removal or alteration of the conditions and obligations that make it substantially difficult or hamper the realization of the objective.

If there are reasons that justify the replacement of the goods and rights with the more useful ones or if the reasons are justified, the court may allow the necessary amendment upon receipt of the other opinion of the foundation by the governing body or supervisory authority.

Annual Report

Item 114- In the first three months of each calendar year, the governing body shall inform the auditing authority of the foundation’s assets and activities in the previous year and shall ensure that the situation is published with appropriate means.

Temporary detention of activity

Item 115- The Ministry of Interior may temporarily arrest the Foundation and apply to the court immediately in accordance with the procedures stipulated in the Constitution and in accordance with the procedures established, taking the opinion of the supervisory authority, until a court decision is made. The judge shall decide the application without delay.

Termination of the foundation

Item 116- If the purpose becomes impossible to change and there is no possibility to change it, the foundation shall end automatically and shall be deleted from the registry by a court decision.

If it is not possible to change the purpose of the foundation, which is subsequently understood to be prohibited or prohibited activities, or whose purpose is subsequently prohibited; the foundation shall be distributed on a hearing upon the application of the supervisory authority or the public prosecutor.

Other provisions

Item 117- The provisions on the acquisition of assets through foundations are not applicable.

Provisions for associations to establish international organizations and to establish top organizations are also applied on foundations.

Special provisions on foundations established by public or private law are reserved.

📌 Second Book (Family Law)

🔒 PART ONE – LAW OF MARRIAGE

Part One – Marriage

FIRST DECEMBER – engagement

Engagement

Item 118- Engagement happens with the promise of marriage.

The engagement does not bind the minor or the constraint, without the consent of its legal representatives.

Provisions of engagement; Lack of action

Item 119- Engagement does not give you the right to sue to force marriage.

The amount of repayment or criminal requirement for marriage avoidance cannot be sued; however, payments made cannot be recalled.

Consequences of distortion; Financial compensation

Item 120- If one of the fiancé is corrupted for a reason that the engagement breaks the engagement or can be uploaded to one of the parties without a just cause; The defective party is obliged to provide the other with an appropriate compensation within the framework of the rules of honesty and for his expenses for marriage and for the material sacrifices he endured. The same rule applies to engagement expenses.

The parent of the right to claim compensation or the person acting like them may also seek appropriate compensation for the expenses they incurred under the same conditions.  

Compensation

Item 121- On the other hand, on the other hand, the defective party may be asked to pay an appropriate amount of money as a moral compensation due to the corruption of the person.

Return of gifts

Item 122- If the engagement ends for a reason other than marriage, it may be requested by the issuers that the fiancées give themselves to each other or the parents and others who behave as they do to the other fiancé.

If the gift cannot be returned with the same or miscalculation, unjust enrichment provisions shall be applied.

Time out

Item 123- The rights of the lawsuits arising from the termination of engagement shall expire over one year after the expiration.

SECOND AYIRIM – MARRIAGE OF MARRIAGE AND OBSTACLES

Conditions of driving license; Age

Item 124- A man or woman cannot marry unless they are seventeen years old.

However, the judge may allow the marriage of men or women who have reached the age of sixteen in exceptional circumstances and for a very important reason. Parent and father or guardian will be heard before the decision.

Distinguishing power

Item 125- Those who do not have the power to discriminate cannot marry.

Permission of the legal representative; About minors

Item 126- Little cannot marry unless he has permission from his legal representative.

About Restrictions

Item 127- Restricted, can not marry without the permission of his legal representative.

Appeal to the Court

Item 128- After hearing the legal representative who does not permit marriages without justification, the applicant may allow the minor or the minor to marry.

Obstacles to marriage; Kinship

Item 129- Marriage is prohibited by:

Between the upper level and altsoy; between siblings; uncle, uncle, still and aunt and nephews,

Even if the marriage that has developed the relationship between the spouses and the other’s upper or lower parts,

It is between the adopter and the adoption or one of them, and the other by the altsoyu and his wife.

Previous marriage; Proof of ending; generally

Item 130- Anyone wishing to remarry must prove that his previous marriage was over.

In case of

Item 131- His spouse cannot be remarried unless the court decides to annul the marriage.

The wife of the disappearance may request termination of the marriage, with the application of a complaint or with a lawsuit he will open.

The termination of the marriage with a separate case is requested from the plaintiff’s settlement court.

Waiting time for women

Item 132- If the marriage is over, the woman cannot marry until three hundred days after the end of marriage.

The time is over with breeding.

The court removes this period if it is understood that the woman is not pregnant from her previous marriage or if the spouses whose marriage has ended have a wish to marry again.

Mental illness

Item 133- Mental patients, marriages do not have medical inconvenience with the official medical board report can not be married unless understood.

THIRD PARTY – APPLICATION AND CEREMONY OF MARRIAGE

Application; Application authority

Item 134- Men and women who will marry each other apply to the marriage office together with one of them.

The marriage officer, the mayor in the municipality, or the civil servant to be appointed for this work, is in the villages.

shape

Item 135- Application is made by the marriages by written or oral.

instruments

Item 136- Each man and woman must submit the identity card and the population registration sample, if the previous marriage has expired, the related document, if it is small or limited, also the written consent of the legal representative and the medical report indicating that there is no obstacle to marriage.

Examination and rejection of application

Item 137- The marriage officer shall examine the application for marriage and the documents to be added. If it sees a deficiency in the application, it completes or completes it.

If it is understood that the application is not duly made or that one of the marriages will not marry or that there is a legal obstacle to marry, the application for marriage shall be rejected and the situation shall be notified immediately in writing.

Rejection and judgment procedure

Item 138- Each of the marriages can apply to the court against the refusal of the marriage official. The objection is examined on the paperwork and final decision is made.

However, the cases brought against the refusal decisions regarding the existence of one of the absolute nullification grounds are heard by the simple trial procedure.

Marriage ceremony and registration; Terms & conditions; Marriage permission

Item 139- If the marriage officer determines the existence of the conditions of marriage or if the decision of refusal is lifted by the court, he / she will inform the marriageers about the date and time of marriage and / or give the marriage permit if they wish.

The right to marry before the date of issue, within six months to marry any marriage officer in front of the right to get married.

Unable to get married

Item 140- In the event that there are no conditions for marriage or six months after the issuance of the documents, the marriage officer cannot be married.

Instructions; Place of the ceremony

Item 141- The marriage ceremony shall be made openly in front of the marriage officer and two adult witnesses who have the power to distinguish. However, the ceremony can be done in other places where the marriage officer will find it appropriate upon the request of the marriage.

The shape of the ceremony

Item 142- The marriage officer asks whether they want to marry each other. Marriage occurs when the parties give positive verbal responses. The officer explains that the marriage was made in accordance with the law with the mutual consent of the parties.

Family wallet and religious ceremony

Item 143- As soon as the wedding ceremony ends, the marriage officer gives a family wallet to the spouses.

No religious ceremony can be held for the marriage without showing the family wallet.

The validity of marriage does not depend on the religious ceremony.

Regulations

Item 144- Marriage process, marriage register, marriage correspondence and other matters related to marriage are regulated by regulation.

FOURTH – MARRIED MARRIAGES

Absolute butlan – Causes

Item 145- In the following cases, marriage is abundant:

One of the spouses is married at the time of marriage,

One of the spouses has the power to distinguish for a permanent reason during marriage,

In one of the spouses to prevent the marriage of mental illness,

The relationship between the spouses to prevent the marriage.

The duty and right to file a lawsuit

Item 146- The absolute butlan case is filed ex officio by the public prosecutor.

This lawsuit can also be brought by anyone with an interest.

Limitation or removal of the right of action

Item 147- The absolute nullity of an ending marriage cannot be sued ex officio by the public prosecutor; however, every interested person may ask for absolute nullity to be decided.

In cases where the discrimination power is gained later or the mental illness is healed, the absolute butlan case can only be opened by the spouse who has gained the power to discriminate later or who has recovered mental illness.

If the marriage of a married person remarried when married is terminated before the absolute decision is made and the second wife is good at the second marriage, the bachelorette of this marriage cannot be decided.

relative nullity; Spouses’ right to sue; Temporary deprivation

Item 148- The spouse who is deprived of the power to distinguish temporarily from marriage may sue the annulment of the marriage.

lapse

Item 149- One of the spouses may sue the annulment of marriage if:

If he had never been intending to marry, or if he was willing to marry, he would not marry the person he was marrying.

If she was married to her spouse she was married to a degree that made her feel unbearable.

Deception

Item 150- One of the spouses may sue the annulment of marriage if:

If he has consented to his wife’s honor and dignity by someone else, directly or by his knowledge, to be deceived by someone else,

A disease that is seriously dangerous for the health of the plaintiff or the subordinate is hidden from itself.

Intimidation

Item 151- The wife, who is intimidated by a very close and heavy danger for the life, health or honor and dignity of one of his / her relatives, may prosecute the annulment of the marriage.

Deserving time

Item 152- The right to file a cancellation shall be six months from the date on which the cause of the cancellation has been learned or the date of the discontinuation of fear and, in any event, falls for five years.

Legal representative’s right to sue

Item 153- If a minor or a minor is married without the consent of his / her legal representative, the legal representative whose consent is not obtained may sue the annulment of the marriage.

In this way, the person who marries the age of eighteen by the age of the adult, the limitation or profit becomes pregnant, the cancellation of marriage can not be decided.

For reasons that do not requirer; Non-compliance

Item 154- The woman’s marriage before the end of the waiting period, does not require the bachelorette of marriage.

Not following the rules

Item 155- The marriage may not be decided due to the failure to comply with the other rules of the law.

Butlan’s decision; generally

Item 156- A superstitious marriage ends only with the decision of the judge. Marriage, even in the state of absolute nullity, has all the consequences of a marriage valid until the decision of the judge.

Results; From the aspect of children

Item 157- Children born out of a marriage which is decided by the court shall be considered to be born in marriage even if the parents are not good.

Divorce provisions apply to relations between children and parents.

In terms of spouses

Item 158- If the bachelor of marriage is decided, the marriage of the spouse while marrying will retain the personal status that it has won by marriage.

The divorce provisions concerning the liquidation of the property regime between the spouses, compensation, alimony and surname apply.

The right of the heirs

Item 159- The right to sue the bout of marriage does not pass to the heirs. However, the heirs can continue the case opened. As a result of the lawsuit, the surviving spouse, who is understood to be not in good faith during the marriage, cannot become a legal heir, and loses the rights granted to him by the death-related savings made before.

Jurisdiction and procedure

Item 160- In the case of marriage, the provisions for divorce shall apply in respect of the procedure of jurisdiction and jurisdiction.

Part Two – Divorce

Reasons for divorce; Zina

Item 161- If one of the spouses commits adultery, the other spouse can file for divorce.

The right to a lawsuit for a period of five years following the commencement of adultery, starting from the date of learning of the cause of divorce by the spouse who is entitled to the lawsuit, falls within five years.

The forgiving party does not have the right to sue. 

Too bad or degrading behavior

Item 162- Each of the spouses may file for a divorce because the life of the other person is intended to be imposed on him / her, or that he is treated severely.

The right to a lawsuit shall be dealt with for a period of six months and, in any event, five years after the birth of the spouse who has the right to know the cause of divorce.

The forgiving party does not have the right to sue.

Crime and dignity

Item 163- If one of the spouses commits a demeaning crime or lives a life of dishonesty and cannot be expected from the other spouse to live with it, the spouse can always file for divorce.

Abandonment

Item 164- If one of the spouses leaves the other in order not to fulfill their obligations arising from the marriage union or does not return to the common house without a justified reason, the separation lasts for at least six months and this situation continues and the warning made by the judge or notary public upon request remains inconclusive; the abandoned spouse can file for divorce. The spouse who forces the other to leave the common house or prevents him from returning to the common house without a justified reason is also deemed to have left.

At the request of the spouse who is entitled to the case, the judge or the notary public shall warn the spouse who has left the custody without examination of the merits, that the spouse must return to the common residence within two months and the consequences which will arise if it does not return. This notice is made through announcements when necessary. However, to open a divorce case, the deadline cannot be requested until the fourth month of the deadline is over, and the case cannot be sued unless two months have elapsed.

Mental illness

Item 165- If one of the spouses is mentally ill and therefore life becomes unbearable for the other spouse, the spouse may file a divorce case provided that it is determined by the official health board report that the disease cannot pass.

Shaking the marriage union

Madde 166- If the marriage unity, the survival of the common life is expected to be shaken to the extent they can not be expected, each of the spouses can open a divorce case.

In the cases referred to in the above paragraph, if the plaintiff’s fault is more severe, the defendant has the right to appeal the case. However, if the objection is an abuse of the right and if there is no benefit for the defendant and children in the continuation of the marriage union, a divorce may be decided.

If the marriage lasted for at least one year, if the spouses apply together or one spouse accepts the other’s case, the foundation of the marriage union is considered to be shaken. In this case, in order to be able to make a divorce decision, the judge must listen to the parties in person and conclude that their will is freely explained and approve the regulation to be accepted by the parties regarding the financial consequences of divorce and the situation of the children. The judge may make the changes he deems necessary in this agreement, taking into account the interests of the parties and children. In this case the parties shall be subject to the adoption of amendments divorce. In this case, the provision that the parties’ confessions will not bind the judge is not applied.

If it is decided to refuse the case opened by any of the reasons for divorce and three years have passed since the date on which this decision is finalized, if the common life cannot be re-established for whatever reason, the marriage union is considered to be fundamentally shaken and a decision to divorce upon the request of one of the spouses.

Subject of the case

Item 167- The spouse who has the right to file for divorce can request divorce and will ask for separation.

Authority

Item 168- In the case of divorce or separation proceedings, the competent court is the court where one of the spouses has settled together for the last time or six months before the case.

Temporary measures

Item 169- When a divorce or separation lawsuit is filed, the judge takes the temporary measures necessary for the continuation of the case, especially regarding the shelter, livelihood, management of the spouses and the care and protection of children.

Karar; Divorce or separation

Item 170- If the reason for divorce is proved, the judge decides for divorce or separation.

If the case is only about separation, divorce can not be decided.

If the case is related to divorce, it is possible to decide on separation if there is a possibility of reestablishment of common life.

Separation time

Item 171- Separation can be decided for a period of one to three years. This period starts with the finalization of the decision of separation.

End of separation period

Item 172- When the time is finished, the state of separation ends automatically.

If the common life is not restored, each spouse can file for divorce.

When the results of the divorce are regulated, the events that have been proved in the first case and the situations that occurred during the separation period are taken into account.

Personal status of the divorced woman

Item 173- In case of divorce, the woman preserves her personal status gained by marriage; however, she takes back her surname before her marriage. If the woman was a widow before marriage, she can ask the judge to be allowed to bear the surname of celibacy.

If it is proved that the woman has an interest in using the husband’s last name and that it will not cause any harm to her husband, the judge upon her request allows her husband to bear the last name.

The husband may request that this permit be removed if the circumstances change.

Compensation and alimony in divorce; Material and moral compensation

Madde 174

A flawed or less flawed party whose current or expected interests are damaged by divorce may seek appropriate material compensation from the defective party.

Because of the events that cause the divorce, the party whose right to the person’s right has been attacked may request the appropriate amount of money to be paid in the form of moral compensation.

Alimony of poverty

Madde 175

Divorce due to poverty in the side, the defect is not more severe, on the other hand for the sake of living in the form of financial force may request indefinitely in child support.

The defect of the child supporter is not sought.

Compensation and form of payment of alimony

Madde 176- It may be decided to pay in respect of material compensation and poverty alimony in accordance with the requirements of wholesale or situation.

It cannot be decided to pay the moral compensation in the form of irat.

The material compensation or alimony decided to be paid in the form of wages shall automatically be lifted if the creditor party is remarried or the death of one of the parties; the life of the creditor to live as if he was married without marriage, if the poverty is removed or if he lives unjustly, he shall be removed by a court decision.

It may be decided to increase or decrease the will in cases where the financial situation of the parties is changed or when it is required by equity.

The judge may decide on the amount to be paid in accordance with the social and economic status of the parties in the coming years.

Authority

Madde 177- In alimony cases to be filed after the divorce, the court of the domicile of the alimony creditor is authorized..

Time out

Madde 178- The rights of the proceedings arising from the termination of marriage due to divorce are subject to statute of expiration of one year after the finalization of the divorce clause.

Liquidation of the goods regime; In case of divorce

Madde 179

 Provisions regarding the regime to which the spouses depend are applied in the liquidation of the goods regime.

In the case of separation

Madde 180- If the separation is decided, the court may decide to abolish the goods regime which has been contractually agreed between the duration of the separation and the status of their spouses.

inheritance rights

Madde 181- The divorced spouses, in this capacity, cannot be the legal heirs of each other and they lose the rights provided by the death-related savings made before the divorce, unless they are understood from the savings.

In the event of divorce proceeding, if one of the surviving spouse’s heirs continues the case and the other spouse’s fault is proved, the above provision shall be applied.

Rights of parents with regard to children; Judge’s discretion

Madde 182- In deciding on divorce or separation, the Court regulates the rights of the parents and the personal relationship with the child, after listening to the father and mother while the child is in custody and taking the opinion of the guardian and guardianship under the child guardianship.

In the regulation of the personal relationship of the spouse with the child, which is not given to the use of the parent, the benefits of the child especially in terms of health, education and morality shall be kept. This spouse must participate in the child’s care and education costs at the rate of strength.

The judge may decide on the amount to be paid in accordance with the social and economic status of the parties in the coming years.

Change of status

Madde 183- In case the mother or father marries someone else, goes to another place or dies, the judge takes the necessary precautions either ex officio or upon the request of one of the parents.

Judgment procedure in divorce

Madde 184- In divorce the proceedings are subject to the Code of Civil Procedure, without prejudice to the following rules:

The judge cannot count them as proven unless he considers conscience the existence of the facts on which the case of divorce or separation is based.

The judge cannot recommend swear to these parties both ex officio or upon request.

The parties do not bind all kinds of confessions on this issue.

The judge freely recognizes the evidence.

Agreements regarding the actual consequences of divorce or separation will not be valid unless approved by the judge.

The judge may decide on the confidentiality of the hearing on the request of one of the parties.

Part Three – General Provisions of Marriage

Rights and obligations; Generally

Madde 185- Marriage between the wives of marriage is established.

Spouses are obliged to cooperate with the happiness of this union and to take care of children’s care, education and supervision together.

Spouses must live together, stay loyal and help.

Selection of housing, management of union and participation in expenses

Madde 186- The spouses choose the dwellings together.

Union spouses manage together.

The spouses participate in the expenses of the union with their labor and assets. 

woman’s surname

Madde 187- She gets her husband’s name by marrying; however, he can use his previous surname before the husband or surname of the marriage officer or his application in written form to the population administration. Women who use two surnames before, can only benefit from this right to a surname.

Representation of the Union; Representation of spouses

Madde 188- Each of the spouses represents the marriage unity for the continuous needs of the family during the continuation of the common life.

For other needs of the family, one of the spouses may represent the association only in the following cases:

If the other spouse is authorized by the judge for justified reasons,

The delay in the benefit of the Union and the other spouses are ill, the other place, or similar reasons, if the consent can not be obtained.

Responsibility

Madde 189- In cases where the representation power of the Union is used, spouses shall be severally liable to third parties.

Each of the spouses is personally responsible for the proceedings without the representation authority. However, the spouses shall be jointly liable if the power of representation is unacceptably exceeded by third parties.

Removal or limitation of representation power

Madde 190- If one of the spouses exceeds the authority to represent the union or is insufficient to use this power, the judge may remove or limit the representation authority upon the request of the other spouse. The spouse who makes the request may notify third parties that his / her authority to represent has been abolished or restricted only through personal announcement.

The fact that the removal or limitation of the power of representation results against the qualified third parties depends on the declaration of the case by the judge’s decision.

Return of representation authority

Madde 191- The decision regarding the abolition or limitation of the power of representation may be changed by the judge upon the request of one of the spouses when the conditions change.

If the first decision is announced, the decision on the amendment is also announced.

Profession and job of spouses

Madde 192- Each of the spouses is not obliged to obtain the permission of the other in the choice of profession or work. However, the peace and benefit of the marital union is taken into account in the selection of occupations and jobs and in their conduct.

Legal proceedings of spouses; generally

Madde 193- Unless there is a provision contrary to the law, each of the spouses may carry out all kinds of legal proceedings with the other and third parties.

Family residence

Madde 194- One of the spouses may not terminate the lease for the family home, transfer the family home, or limit the rights to the family home without the express consent of the other spouse.

The spouse, who cannot provide consent or does not give consent without a justified reason, may request the intervention of the judge.

The non-owner of the real estate which is defined as family dwelling may request the title deed of the land registry to be given to the land registry.⁽¹⁾

If the family dwelling is provided by rent by one of the spouses, the spouse who is not a party to the contract becomes the party of the contract with the notification to be made to the lessor and several spouses shall be responsible for the other.

Protection of the Union; generally

Madde 195- If the obligations arising from the union of marriage are not fulfilled or if there is a conflict on an important issue related to the marital union, the spouses may request the intervention of the judge separately or together.

The judge warns the spouses about their obligations; they try to reconcile them, and with the consent of the spouses, they can ask for the assistance of experts.

If necessary, the judge shall take the measures required by law on the request of one of the spouses.

Spouses living together

Madde 196- On the request of one of the spouses, the judge determines the monetary contribution of each of them for the livelihood of the family.

It is taken into consideration in the determination of the contribution amount of the spouse to see the household works, to look at the children, to work for the other spouse unrequitedly.

These contributions may be required for the past year and for years to come.

stop living together

Item 197- A spouse has the right to live separately as long as his / her personal life, economic security or family peace is seriously endangered.

If the interruption to cohabitation is justified, the judge shall take measures on the benefit of one of the spouses, the financial contribution to be made by another person, the enjoyment of the housing and household goods and the management of the property of the spouses.

One of the spouses may also be found in the above claims, where the other may refrain from co-living without a justifiable reason or the common life becomes impossible for any other reason.

If the spouses have minor children, the judge shall take the necessary measures according to the provisions governing the relations between the mother and the father and the children.

Measures of borrowers

Article 198 – If one of the spouses does not fulfill the obligation to join the union’s expenses, the judge can order to his borrowers to make the payment fully or partially to the other spouse.

Limitation of savings authority

Item 199- To the extent that the economic existence of the family requires the fulfillment of a financial obligation arising from the union of marriage, the judge on the request of one of the spouses may decide that the savings on the assets he has determined shall be made by his consent.

The judge shall take the necessary measures in this case.

If the judge removes one of the spouses’ authority to dispose of the immovable, he decides ex officio to annotate the situation in the land registry.

Change of status

Article 200 – When conditions change, the judge shall make the necessary change in his decision on the request of one of his spouses or remove the action taken if the cause has expired.

Authority

Article 201 – The competent court regarding the measures to protect the marriage union is the settlement court of any of the spouses.

If the spouses have different settlements and both of them have requested to take action, the court of competent jurisdiction is the court of first place.

The competent court is the court that issued the decision of the measure to change, complete or abolish the measures. However, if the settlement of both spouses has changed, the competent court is the new settlement court of any of the spouses.

CHAPTER FOUR – THE GOODS REGIME BETWEEN PEOPLE

FIRST DECEMBER – GENERAL PROVISIONS

Regulatory regime

Item 202- The implementation of the regime of acquiring property between spouses is essential.

The spouses may adopt one of the other regimes established by law in the property regime contract.

Contract of goods regime; Content of the contract

Item 203- A property regime contract can be made before or after marriage. The parties may choose, remove or modify the goods regime they want within the limits set forth in the law.

Contractual license

Item 204- The goods regime contract can only be made by those who have the power to distinguish.

Minors are obliged to obtain the consent of their legal representatives.

Form of contract

Item 205- The goods regime is regulated by a notary public. However, the parties can also inform in writing what goods regime they choose during the marriage application.

It is mandatory to sign the goods regime contract by the parties and, if necessary, by their legal representatives.

Extraordinary property regime; With the request of one of the spouses; Karar

Item 206- If there is a just cause, the judge may decide on the request of one of the spouses to turn the existing property regime into a property separation.

In particular, in the following cases, the existence of a just cause is considered:

The share of the other spouses’ assets in the debt or in the partnership has been confiscated,

The other wife, the claimant or the interests of the partnership has endangered,

The other spouse shall refrain from giving the necessary consent for a saving transaction on the property of the partnership,

The other spouse, the claiming partner to provide information about the assets, income, debts or partnership goods,

The other spouse is permanently unable to distinguish itself.

If one of the spouses is permanently deprived of the power to discriminate, his legal representative may also request the separation of property based on that reason.

Authority

Item 207- The court of competent jurisdiction is a court of jurisdiction.

Transition to property separation

Item 208- Spouses may always adopt a previous or other commodity regime with a new property regime contract.

If the cause of the transition to the separation of goods is eliminated, the judge may decide to return to the old goods regime upon the request of one of the spouses.

In the case of execution; in bankruptcy

Item 209- If a bankruptcy of one of the spouses who have accepted the partnership is decided, the partnership becomes a property separation by itself.

in Foreclosure

Item 210- The payee who is in the execution proceedings against one of the spouses who has accepted the partnership of the goods may ask the judge to decide the separation of goods from the judge.

The creditor’s request is addressed to both spouses.

The competent court is the debtor’s settlement court.

Return to the old regime

Item 211- If the creditor is satisfied, the judge may decide to re-establish the property partnership upon the request of one of the spouses.

The spouses may adopt the regime of participation in goods acquired through a property regime contract.

The liquidation of the previous regime

Article 212 – In case of separation of goods, the provisions of this regime shall be subject to the liquidation of the previous goods regime between the spouses unless otherwise stated in the law.

Protection of creditors

Article 213 – The establishment, alteration of the property regime or the dissolution of the previous regime cannot exclude the goods from which one of the spouses or the creditors of the partnership can obtain their rights.

The spouse who has passed such goods is personally responsible for the debts; however, if he proves that the goods in question are not sufficient to pay the debt, he can, at that extent, free himself / herself from liability. 

Authorization in cases of liquidation of property regime

Article 214 – In cases involving the liquidation of a property regime between spouses or heirs, the following courts are authorized:

In the event of the death of the goods regime, the last settlement court,

In the case of divorce, cancellation of the marriage or separation of goods by the judge, the court authorized in these cases,

In other cases, the defendant spouse’s settlement court.

Management of the goods of one wife by the other

Article 215 – In the event that one of the spouses leaves the management of their property to the other spouse, either explicitly or implicitly, the provisions of the power of attorney apply unless otherwise agreed.

Inventory

Item 216- Each of the spouses may request the inventory of their goods to be made officially by the other.

If this inventory is made within one year of the receipt of the goods, this inventory is considered to be correct unless proven otherwise.

Debts between spouses

Item 217- The goods regime does not prevent the exposures between spouses to be due. However, if a debtor’s obligation is to bring the debtor’s wife to significant difficulties which would jeopardize the unity of the marriage, this may require time for payment. If the situation and conditions require, the judge is obliged to show assurance to his wife.

SECOND AYIRIM – PARTICIPATION

Ownership; coverage

Item 218- The regime of acquiring acquired goods includes the personal property of each of the spouses and the acquired goods.

Acquired goods

Item 219- Acquired property is the value of the assets that each partner obtains for the continuation of this property regime.

The acquired goods of a spouse are particularly:

Acquisition of works,

Payments made by social security or social assistance institutions or organizations or by the ballot box for the purpose of assisting personnel,

Compensation paid due to loss of working power,

Revenues of personal property,

Substitutes of acquired goods.

Personal goods; By law

Item 220- The following are personal property by law:

Goods used only for personal use of one of the spouses,

The assets of one of the spouses at the beginning of the goods regime or the assets of a spouse obtained by means of inheritance or in any other way,

Spiritual compensation claims,

Values ​​that replace personal goods.

According to the contract

Item 221- The spouses may agree that, under the property regime contract, the assets that must be included in the goods acquired due to the performance of a profession or the operation of the business shall be considered as personal property.

The spouses may also decide that the goods regime contract does not include the receipts of the personal goods.

Proof

Article 222 – A person who claims that a particular good belongs to one of the spouses is obliged to prove his claim.

The goods which cannot be proved which belong to the spouses are considered as their shared ownership.

All goods of a spouse shall be deemed to have acquired goods until they are proved otherwise.

Management, exploitation and savings

Article 223 – Every spouse has the right to manage, to benefit from and benefit from personal property acquired within legal limits.

Unless otherwise agreed, one of the spouses cannot make any savings on the share of ownership in the subject property without the consent of the other.

Liability to third parties

Article 224 – Each of the spouses is responsible for all their assets.

Termination of the regime of property and liquidation; The moment of expiration

Article 225 – The property regime ends with the death of one of the spouses or the acceptance of another property regime.

If the court decides to terminate the marriage due to cancellation or divorce or to leave the property separation, the property regime shall cease to be valid from the date of the case.

Return of goods and debts; generally

Article 226 – Every wife takes back her property, which is found in the other half.

In the event of liquidation, if a property subject to the ownership of a property, one of the spouses may benefit from the other facilities provided for in the law, to prove that there is a greater benefit and to pay the other’s share by asking the other to be given to it without division.

Spouses can make arrangements related to mutual debts.

Value increase share

Article 227 – If one of the spouses has contributed to the acquisition, improvement or protection of the property of the other, or without any appropriate compensation, he / she has the right to receive the rate of contribution for the increase in the value of the goods during the liquidation and this receivable shall be calculated according to the value of the goods during the liquidation; in the case of a loss of value, the initial value of the additive is taken as basis.

In the event that such a property has been disposed of before, the judge shall determine the receivable to the other spouse in accordance with its equity.

Spouses may give up the share of the value increase through a written agreement and change the share ratio.

Calculation of spouses’ shares; Separation of personal property and acquired goods

Item 228- The goods acquired by the spouses with their personal goods are separated according to their status at the time of the end of the goods regime.

If a spouse had been bound to a life-cycle according to the procedure applied by the social security or social welfare or social security or social welfare or social welfare or social welfare or social welfare or social welfare institution, the wages of the next w what is the value of the cash in advance of what will be converted into capital, liquidation is taken into account as that amount of personal goods.

Values ​​to add

Item 229- The following are added as value to acquired goods:

One of the spouses, without the consent of the other spouse within the year preceding the expiration of the property regime, the unrequited acquisitions other than the ordinary gifts,

During the continuation of the property regime of a spouse, the other spouse’s intentions to reduce participation.

In case of disputes relating to such acquisitions or transfers, the court decision may also be brought against third parties benefiting from the acquisition or transfer provided that the case has been reported to him / her.

Equalization between goods and goods

Item 230- If the debts of a spouse on personal property are paid from the personal property of the debts related to the acquired goods or the acquired goods, equalization may be requested during the liquidation.

Every debt enters the goods segment. The debt, which cannot be understood which part belongs, is counted on the acquired goods.

In the case of the contribution, improvement or protection of the goods in the other sector from a commodity segment, in case the value increases or decreases, the compensation shall be made according to the contribution rate and the value of the goods at the time of liquidation or the fairness if the goods were disposed of before.

No more value

Item 231- The residual value is the amount remaining after deducting the debts for these goods from the total value of the acquired goods of each spouse, including the amounts obtained without addition and compensation.

Value decrease is not considered. 

Determination of value; Version value

Item 232- In the liquidation of the goods regime, the values ​​of the goods are taken as basis.

Revenue value; generally

Article 233 – It is calculated by taking into consideration the value of income of a spouse who is going to own the business as owner or the share and participation to be received from the increase in value for an agricultural enterprise in which one of the surviving spouse or underscore is justified to ask to be designated as a whole.

The owner or heirs of the agricultural enterprise may request that the value increase share or participation receivable they can claim against the other spouse to be calculated only on the version value of the enterprise.

Provisions of inheritance law regarding the evaluation and payment of a share from the earnings of the enterprise to the heirs are applied by comparison.

Special Conditions

Item 234- The calculated value may be increased by an appropriate amount if special circumstances are required.

Especially the living conditions of the surviving spouse, the purchase value of the agricultural enterprise, as well as the investments made by the spouse of the agricultural enterprise or financial situation is considered special circumstances.

Evaluation moment

Item 235- The goods acquired at the time of the end of the goods regime are taken into account with their values ​​at the time of liquidation.

The value of the goods to be added to the account is calculated on the basis of the date on which the property is transferred.

Participating in value now; By law

Item 236- Each spouse or heir has rights over half of the other spouse’s residual value. Receivables are exchanged.

In case of divorce due to adultery or life, the judge may decide to reduce or remove the share of residual value in fair value as equitable.

According to the contract; generally

Item 237- The residual value can be accepted as another basis with the goods regime contract.

Such agreements shall not impair the hidden shares of the spouses’ spouses and their subordinates.

In case of cancellation, divorce or court order

Item 238- In cases where the court has decided to terminate the marriage due to cancellation or divorce or to move to a separation of property, the agreements which differ from the regulation regarding the participation in the residual value in the law are only valid if this is clearly stipulated in the property regime contract.

Payment of participation receivable and value increase share; Payment and postponement

Item 239- Participation receivable and share of increase in value can be paid in month or money. In the same payment, the version value of the goods is taken as basis; the economic integrity of the enterprises and the units dedicated to the performance of a profession are considered.

If the immediate payment of the participation receivable and the share of increase in value will cause serious difficulties for itself, the borrower may request that the spouse payments be postponed for an appropriate period of time.

If there is no agreement on the contrary, interest will be applied to the participation and the increase in value starting from the end of the liquidation; If the terms and conditions require additional assurance from the debtor.

Family residence and household goods

Item 240- The surviving spouse may request the right of usufruct or residence to be deducted from the participation of the deceased spouse on the dwelling and to be deducted if it is not enough; other regulations adopted by the goods regime are reserved.

The surviving spouse may ask for the right to own property on the household under the same conditions.

In the presence of justifiable reasons, the right of property of the surviving spouse or the deceased spouse may be granted the right to property on the property, rather than the right of residence or residence.

The surviving spouse cannot exercise these rights in sections where the inheritance is exercising a profession or art, and in the departments required by one of its members to perform the same profession or art. The provisions of the inheritance law for agricultural immovables are reserved.

Case against third parties

Item 241- In the event of liquidation, in case the debtor’s assets or assets do not meet the participation receivable, the creditor’s spouse or heirs may request the unrequited gains to be taken into account in the acquired goods, limited to the amount missing from the third parties benefiting from them.

The right to a lawsuit falls within five years of the expiration of one year and, in any event, of the goods regime, starting from the date when the creditor’s spouse or heirs have learned that their rights have been damaged.

Except for the provisions of the above paragraph and the jurisdiction rules, the provisions regarding the case of inheritance criticism are applied by comparison.

THIRD PARTY – FINANCIAL DISCLOSURE

Management, exploitation and savings

Item 242- In the goods separation regime, each of the spouses retains the right of administration, utilization and saving on their property within the legal limits.

Other provisions

Item 243- Provisions regarding the share separation regime shall be applied in respect of the proof, responsibility for debts and the issue of the allocation of shares.   

FOURTH – SHARING MATERIAL DISCLOSURE

Management, exploitation and savings; generally

Item 244- Each of the spouses retains the right to management, access and savings on their property within the legal limits.

Proof

Item 245- A person who claims that a particular good belongs to one of the spouses is obliged to prove his claim.

The goods which cannot be proved which belong to the spouses are considered as their shared ownership.

Liability for debts

Item 246- Each of the spouses is responsible for all of their own debts.

Termination of the regime of property and liquidation; The moment of expiration

Item 247- The property regime ends with the death of one of the spouses or the acceptance of another property regime.

If the court decided to terminate the marriage due to cancellation or divorce or to leave the property separation, the property regime shall cease to be valid from the date of the case.

Return of goods and the issuance of shares; generally

Item 248- Every wife takes back her property, which is found in the other half.

When the shareholder separation regime is over, the spouse who proves to be of paramount benefit may, in addition to other measures, request the shareholding to be given to him / her, by giving his / her share in the payment day.

Contingent Rights

Item 249- If one of the spouses has belonged to the other and has contributed to the acquisition, improvement or protection of a property which is not part of the distribution, without or at a reasonable rate; in the event of the termination of the property regime, it may ask for an appropriate price to be paid in proportion to its contribution.

The same applies to the values ​​of the goods which are excluded from the distribution.

family-specific goods; Kural

 Item 250- It is acquired by one of the spouses after the establishment of the division of goods separation regime, and the investments intended to guarantee the family’s economic future and the goods that are dedicated to the common use and benefit of the family, or their replacement values, are equally shared among the spouses when the property regime ends. The economic integrity of the enterprises is taken into consideration in sharing.

This provision shall not apply to goods acquired through inter-life or death-related savings unless otherwise agreed upon by the inheritance of moral compensation claims and the goods acquired through inheritance.

Misbehaving behaviors

Item 251- If one of the spouses discharges a property free of charge before sharing it with the intention of decreasing the share of the other spouse, the judge shall determine the compensation price of the other spouse in accordance with equity.

In the year prior to the end of the goods regime, it is assumed that, without the consent of the other spouse, unrequited acquisitions other than ordinary gifts are made with the intention of reducing the share of this spouse.

In case of disputes relating to such gains, the court decision may also be lodged against third parties benefiting from the award provided that the case has been notified to itself.

Denial of share request

Item 252- In the case of divorce because of adultery or life, the judge may decide to equitably reduce or abolish the share of the defective spouse.

Sharing method

Item 253- It is essential that the sharing is made on a monthly basis. If this is not possible, the shares are balanced by adding a price. The price one of the spouses will pay to the other is calculated according to the version values ​​of the goods at the time of liquidation. In this calculation, debts arising from the acquisition of shared goods are deducted.

If the immediate payment of the equalization fee will cause serious difficulties for itself, the borrower may request that the payments be postponed for an appropriate period of time.

If there is no agreement, interest is charged to the offset amount starting from the end of the liquidation; If the terms and conditions require additional assurance from the debtor.

Family residence and household goods; In case of cancellation or divorce

Item 254- If the marriage is terminated by a cancellation or divorce, the spouses may agree on the continuation of the common use of the family and the continuation of the residence and the use of household goods which are the subject of equal sharing among the spouses. The spouse who obtains the right to remain in the residence may require the annulment of this right to the title deed.

In the event that the spouses cannot agree on who will stay in the family home and who will continue to use the household goods, the judge decides of his own right, together with the annulment or divorce decision, taking into account the characteristics of the incident, the economic and social conditions of the spouses and, if any, the interests of the children. ; determines the period of stay and use in this decision and notifies the land registry office for annotation to the land registry.

Unless the judge decides otherwise, the right ends automatically at the end of the determined period. However, in the event of a change in the situation of the beneficiary, the other party may ask the judge to review the decision.

If the spouses live in the dwelling with the rent, the judge may decide to stay the spouse who does not carry the title of the tenant in the dwelling when necessary. In this case, it is decided to make the necessary arrangements to secure the rights of the lessor arising from the contract, together with the decision of cancellation or divorce ex officio. 

In the event of death

Item 255- In the case of death of one of the spouses; the surviving spouse may request the granting of the right to property by deducting them from the inheritance and the right to share, and adding a price if not enough.

The right of the spouse or other legal heirs of the deceased, if there are justifiable reasons, may also be decided to grant a right of residence or residence instead of the property.

The surviving spouse cannot exercise these rights in sections where the inheritance is exercising a profession or art, and in the departments required by one of its members to perform the same profession or art. The heritage provisions relating to agricultural immovables are reserved.

FIVE – PARTNERSHIP

Ownership; coverage

Item 256- The property partnership regime covers the personal property of the partners and the partners.

Partnership goods; General merchandise partnership

Item 257- In the general property partnership, the property of the spouses, except for the ones that are considered as personal goods, are composed of the property of the partnership.

The spouses possess the partnership goods as an undivided whole.

No spouse has the right to save money on the share of the partnership.

Limited property partnership; Partnership in acquired goods

Item 258- The spouses may only adopt a partnership consisting of acquired goods with the contract of goods.

The income of personal property is also included in this partnership.

Other commodity partnerships

Article 259 – Spouses may exclude certain asset values ​​or types, especially immovable properties, the earnings of a spouse, goods used for a profession or artistic performance, with the property regime contract.

Unless otherwise provided in the contract, the revenues of these goods are not included in the partnership.

Personal goods

Item 260-  Personal property shall be determined by the contract of the goods regime, the unpaid win of the third person or by law.

The personal property of each of the spouses, which is reserved for personal use, and the personal compensation claims are personal property due to the law.

The assets that a wife may request as a hidden share shall not be granted to her as personal property by the inheritor of the property to the extent that she is included in the partnership with the goods regime agreement. 

Proof

Item 261- Unless proven to be a spouse’s personal property, all assets are considered partnership property..

Management and savings; Partnership; Ordinary management

Item 262- The spouses manage the partnership goods in favor of the marriage union.

Within the boundaries of the ordinary management, each spouse may place the partnership under obligation and save money on common goods.

Extraordinary management

Item 263- In matters other than ordinary management, spouses may only undertake joint liability or dispose of the goods by acquiring the consent of each other or together.

For third parties who do not know or know that there is no consent, this consent is accepted.

Provisions regarding the representation of the union of marriage are reserved.

Performing arts or arts with partnership goods

Item 264- One of the spouses, with the consent of the other, using the property of the partnership, a profession or art by itself, can perform all the legal procedures related to this profession or art.

Acceptance or rejection of inheritance

Item 265- One of the spouses cannot refuse a legacy that will enter into partnership goods without the consent of the other, and cannot accept the legacy if the contractor is in debt.

If the other spouse’s consent cannot be obtained or if the request is rejected without justified reasoning, the owner of the request can apply to his own settlement court.

Responsibility and management costs

Item 266- In case of the termination of the partnership, each of the spouses is responsible as a proxy for the transactions related to the partnership property.

Management costs are covered by partnership goods.

Personal goods

Item 267- Each spouse has the right to manage and save on their personal property within the legal limits.

If there are incomes of personal property, the administrative expenses are covered by these revenues.

Liability to third parties; Partnership debts

Item 268- Each of the spouses is responsible for the following debts:

To represent the union of marriage or to pay the debts on the basis of the authority to manage the partnership goods,

(B) the debts due to the execution of a profession or art using the assets of the partnership or the goods entered into the property of partnership;

From the debts that give rise to personal responsibility for the other spouse,

In addition to personal goods, it is also the responsibility of the partners to deal with third parties.

Personal debts

Item 269- Each spouse shall be liable for all other debts to his or her personal property and half of the value of the partnership’s assets.

Claims arising from the enrichment of the partnership are reserved.

Debts between spouses

Article 270 – The goods regime does not prevent the exposures between the spouses to be due. However, if a debtor’s obligation to put the debtor’s wife into serious difficulties that would jeopardize the marital union, this may require a period of payment. If the situation and conditions require the judge, the claimant’s wife is obliged to show the guarantee.

Termination of the regime of property and liquidation; The moment of expiration

Article 271 – The property regime ends with the death of one of the spouses, the adoption of another property regime or the opening of bankruptcy about one of the spouses.

If the court decides to terminate the marriage due to cancellation or divorce or to leave the property separation, the property regime shall cease to be valid from the date of the case.

In determining the scope of personal property with the property of the partnership, the date on which the joint venture ends.

Adding a personal trowel

Article 272 – If the compensation paid to one of the spouses by the social security or social assistance institutions due to the loss of workforce or lump-sum payments were paid for life according to the procedure applied by the relevant social security or social aid institution, the next period at the end of the property regime whatever the value of the will belonging to cash was to be counted as personal property in liquidation.

Equalization between personal property and partnership property

Article 273 – The debts of a spouse for personal property, the debts of the property of the partners or the property of the partnership is paid from the personal property; Equalization may be required during liquidation.

Every debt enters the goods segment. The debt which is not understood to belong to which sector is counted is related to the partnership goods.

Value increase share

Article 274- If a partner’s personal property or shareholding has contributed to the acquisition, improvement or protection of the value of the property entered into another commodity segment, the provisions on the share of value increase shall be applied to the acquired property in the participation regime.

Value determination

Article 275 – When the goods regime is over, the liquidation period is taken as a basis for the evaluation of the existing partnership goods.  

sharing; If death or other property regime is adopted

Article 276- In case of the expiry of the partnership, due to the death of one of the spouses or the acceptance of another property regime, half of the partnership property is given to each spouse or heirs.

Another share rate may be agreed with the goods regime contract.

Such agreements may not damage the subscriber’s shares.

in other cases

Article 277- In case of divorce or annulment of marriage, or in case of separation of property in accordance with law or court decision, it shall take back the goods which shall be deemed to be their own personal property in the participation regime for each co-ownership.

The remaining partnership is divided into half of the property between the spouses.

Agreements for the amendment of the legal share shall only be valid if the goods regime has been explicitly stipulated.

Sharing method; Personal goods

Article 278- If the joint venture ends with the death of one of the spouses, the surviving spouse may request that the acquired goods be given to him for the share of those who can be considered personal goods in the participation regime.

Family residence and household goods

Article 279- If the spouses are included in the property of the partnership, the surviving spouse may request the ownership of the property to be given to him / her.

In the presence of justifiable causes, the right of the surviving spouse or other legal heirs of the deceased may be granted the right of residence or residence instead of the property.

If the joint-venture regime ends with a non-death cause, each of the spouses can claim the same claims by proving the existence of a superior benefit.

Other assets values

Article 280- A spouse may demand that he / she should be given the share of other assets by proving the existence of a superior benefit.

Other sharing rules

Article 281- In other cases, the provisions relating to the sharing of shared ownership and inheritance shall be applied by comparison.

PART TWO – kinship

Part One – Establishment of Pedigree

FIRST – GENERAL PROVISIONS

Establishment of genealogy in general

Article 282- It is established by the birth of a knight between the child and the mother.

It is established by parentage between the child and the father, marriage with the mother, recognition or judge.

The kinship is also established through adoption.

Jurisdiction and procedure in the case; Authority

Article 283 – Cases related to paternity are filed at the court of the place of residence of one of the parties at the time of lawsuit or birth.

Judgment procedure

Article 284- In cases involving paternity, the Law on Civil Procedure shall be enforced, without prejudice to the following rules:

The judge investigates material facts ex officio and freely appreciates the evidence.

The parties and third parties are obliged to give consent to investigations and investigations which are mandatory for the determination of the genealogy and which do not pose a danger to their health. If the defendant does not give consent to the investigation and examination stipulated by the judge, the judge may consider the outcome as a result of the situation and the circumstances born against him.

SECOND – CHILDREN’S BABY

Presumption of paternity

Article 285 – The father of the child born during the marriage or within three hundred days of the end of the marriage is the husband.

After this period, the birth of the child to the husband is possible with the proof that the mother was pregnant during marriage.

If your husband’s decision is made, the three-hundred-day period starts at the date of death or the latest news.

Rejection of paternity; The right to the case

Article 286 – The husband can refuse the presumption of paternity by refusing the case of paternity. This case opens against the mother and child.

The child also has the right to sue. This case opens against the mother and the husband.

Proof; Fall in the womb in marriage

Article 287- If the child has fallen into the womb in marriage, the claimant must prove that the husband is not the father.

A child born within a maximum of one hundred and eighty days after marriage starts at least one hundred and eighty days after the end of marriage shall be deemed to have fallen into the womb.

Fall into the womb before marriage or during separate living

Article 288 – If the child has fallen to the womb before marriage or during a separate life, the plaintiff does not need to provide any other evidence.

However, if there is convincing evidence that the husband had sexual intercourse with his wife during the conception period, the presumption of the husband’s paternity remains valid.  

Deserving times

Article 289- A year, starting from the date when the husband learned about the case, the birth and that he was not a father or that the mother had sexual intercourse with another man at the time of conception, (…) ⁽¹⁾ it has to turn on. ⁽¹⁾

The child has to file a lawsuit within a year at the latest starting from the date of his / her adult birth.

If the delay is based on a just cause, the one-year period begins to operate on the date that this cause has disappeared.

Overlap

Article 290- If the child is born within three hundred days of the end of marriage and the mother has been remarried in the meantime, then the husband in the second marriage is the father.

If this is refuted, the husband in the first marriage counts.

The right of the other concerned

 Article 291- In the case of the death or expiry of the husband before the expiry of the trial, or the person who claims to be the husband, father, father or father, the birth and the death of the husband; within one year of starting the case of rejection of the paternity.

The trustee to be appointed to the minor child, starts the case of rejection of the paternity within one year, starting from the notification of the appointment decision.

Provisions relating to the case of the refusal of the husband’s paternity shall be applied by comparison.

After marriage; condition

Article 292- A child born out of wedlock shall be subject to provisions relating to children born spontaneously in the event of marriage of their parents.

Notification

Article 293- Spouses are obliged to notify their common children born outside the marriage, at the time of marriage or after the marriage, in the settlements or at the place of marriage.

The absence of notification does not preclude the child from being subject to provisions relating to children born in marriage.

When the mother and father of children, who have been given a genocide with the provision of recognition or paternity, get married, the civil servant takes the necessary action ex officio.

Objection and cancellation

Article 294- The legal heirs of the mother and father, the child and the public prosecutor may object to the establishment of a paternity by marriage. The objectioner is obliged to prove that the husband is not the father.

The child has the right to appeal if the child is dead or the child has lost his / her discrimination power continuously.

The provisions regarding the cancellation of recognition are applied by comparison.

THIRD – DEFINITION AND BABY LAW

Recognition; Conditions and shape

Article 295- Recognition is made by the father’s written application to the registrar or the court, or by a declaration made in the official deed or in his will.

The consent of the parent or guardian is also required if the person who declares recognition is small or limited.

A child with another man and a knight cannot be recognized unless this link is overridden.

Notification

Article 296- The declared registrar, magistrate, notary or the judge who opened the will notifies the recognition to the civil service offices where the father and the child are registered.

The registry office where the child is registered also informs the child, his mother, and the guardianship authority under the child’s guardianship.

Cancellation; The right of the witness to the case

Article 297- Recognizer can sue for the cancellation of recognition due to error, deception or intimidation.

The annulment case opens against the mother and the child.

The right of the concerned people; generally

Article 298- In case of death of the mother, child and child, the public prosecutor, the public prosecutor, the Treasury and other concerned persons may sue the annulment of the recognition.

The case is opened against the acquirer, if the acquaintance is dead, against his heirs.

Burden of proof

Article 299- The plaintiff is obliged to prove that the acquaintance is not the father.

The burden of proof in the annulment case, which is claimed by the mother or the child to be a non-father, arises from the convincing evidence that the applicant has had sexual intercourse with the mother during the period of conception.

Deserving times

Article 300- The witness’s right to a lawsuit falls within five years of recognition for one year and, in any case, for one year, starting from the date on which the cause of the cancellation was learned or the effect of fear disappeared.

The right of litigation of the concerned ones falls after one year, starting from the date the plaintiff learns that the acquaintance cannot be the father of the child, and in any case, five years after the recognition.

The right of the child to the case, the adult begins with a year to fall.

If there is reason to justify the delay in the aforementioned periods, a lawsuit may be filed within one month of the termination of the cause. 

The provision of paternity; The right to the case

Article 301- They can ask the mother and child to determine the childbearing between the child and the father.

The case is opened against the father, if the father is dead, his heirs.

The paternity case, the public prosecutor and the Treasury; if the case has been filed by the master; If it has been opened by kayyım notified to the mother.

Karine

Article 302- The fact that the defendant had sexual intercourse with the mother between the three hundredth day and the one hundred and eighty days before the birth of the child is considered a presumption of paternity.

Even if it is determined that the defendant is having sexual relations with the mother during the actual conception period, it is valid even if it is outside of this period.

The defendant loses its validity if the defendant proves the impossibility of becoming a father or the likelihood that a third person is more than his own.

Deserving times

Article 303- The paternity case can be opened before or after the child’s birth. Mother’s right to a lawsuit, a year from birth to fall.

If there is a genealogical relationship between the child and another man, the one-year period begins to operate on the date that this relationship disappears.

If there are reasons to justify the delay after one year, the case can be filed within one month of the termination of the cause.

Maternal financial rights

Article 304- The parent may ask for the following expenses from the father or his heirs, either together with the paternity case or separately:

1. Birth expenses,
2. Six-week living expenses before and after birth,
3. Other costs incurred during pregnancy and delivery.

Even if the child is still born, the judge may decide to cover these expenses.

Payments made by third parties or social security institutions to the mother shall be reduced to the extent of equity.

FOURTH – ADOPTION

Adoption of minors; General conditions

Article 305- The adoption of a minor by a child is subject to the condition that he is looked after and trained by the adopter for a period of one year.

The adoption must in any case be of benefit to the minor and the benefits of the other children of the adopter should not be unjustified.

Getting married together

Article 306- Spouses can only get together with the son; unmarried people cannot adopt children together.

Spouses must have been married for at least five years or have completed the age of thirty.

A spouse may be married to the child for at least two years or on the condition that he or she has reached the age of thirty.

solitary adoption

Article 307- If the unmarried person is over thirty years old, he / she will be able to adopt the child alone.

A spouse who is over 30 years old may be able to adopt a son alone if he or she has not been able to adopt a son as a result of a permanent deprivation of the discriminating power of the other spouse, or because he has not been known for more than two years or because he has been separated from his wife for over two years by a court order. .

The consent and age of the minor

Article 308- The adopter must be at least eighteen years of age.

The minor who has the power to discriminate cannot be adopted unless he has consent.

It can be adopted with the permission of the guardianship offices, regardless of whether they have small, discriminating power under guardianship.

Mother and father’s consent; Figure

Article 309- Adoption requires the consent of the mother and father of the minor.

Rıza shall be informed verbally or in writing in the court of the minor or his / her parents and shall be recorded in the minutes.

The consent is valid even if the names of the adopters are not specified or the adopters have not yet been determined.

The time

Article 310- Consent cannot be given before six weeks after the birth of the minor.

Consent may be withdrawn by the same procedure within six weeks starting from the date of registration.

After reinstatement, reassignment is final.

Failure to seek consent; Terms & conditions

Article 311- In the following cases, the consent of one of the parents is not sought:

If it is not known who it is or where it has been sitting for a long time or is permanently deprived of its power of discrimination,

If he / she does not fulfill his / her obligation to care for the minor.

Article 312- If the minor is placed in an institution in order to be adopted in the future, and the consent of one of the parents fails, the court will decide whether to seek this consent before the adopter or the intermediary of the adopting institution and, in principle, before the placement of the minor.

In other cases, the decision on this matter is made during the adoption process.

In case the mother and father do not give consent to the minor, the decision on this matter is notified in writing.

Adoption of adults and adults

Article 313- With the open consent of the adopter, the child may be adopted in the following cases.

1. If, because of his / her physical or mental disability, he / she is constantly being deprived of help and adoptive children for at least five years,
2. If the child has been cared for and supervised for at least five years as a child,
3. Other justified reasons are present and adopted, if you have been living together for at least five years with your family.

A married person can only be adopted with the consent of his / her spouse.

Apart from these, the provisions regarding the adoption of minors are applied by analogy.

Rulings

Article 314 – The rights and obligations that belong to the parents are adopted by the child.

The adoption becomes the heir of the adopter.

If the adoption is small, it takes the surname of the adopter. The adopter can give the child a new name. The adulthood who is the adult can receive the surname of the adopter during the adoption.

The names of the spouses who adopt the child’s name as the mother and father’s name are written by the spouses.

All kinds of ties are established between the family register of the adopter and the family register of the adoptive family, in order for the family ties to continue. In addition, the finalized court decision concerning the child is recorded in both population registers.

The records, documents and information related to adoption cannot be explained in any way unless a court order or court order is requested.

Figure and procedure; generally

Article 315- The decision to adopt a child is the place where the adopter will be sitting; the court of a spouse of one of the spouses to be given together. With the decision of the court, the relationship of sonship is established.

The death of the adopter after the application for adoption or the loss of the power of discrimination does not prevent adoption unless the other conditions are affected.

If there is a minor adult after the application, the provisions regarding the adoption of the minors shall be applied.

Research

Article 316- Adoption is decided only after a thorough investigation of all kinds of circumstances and conditions that are deemed essential, listening to the adopter and the acquired, and obtaining expert opinion when necessary.

In the research, it is necessary to clarify the personality and health, mutual relations, economic conditions, the ability of the adopter to educate, the reasons for adoption and the relations between family relations and care relations.

If the adopter has a subscriber, his / her attitude and thoughts about adoption are also evaluated.

Elimination of the relationship of adoption; Causes; Lack of consent

Article 317- If the consent is not taken without legal grounds, the consent of the minor, if the interests of the minor will not be severely damaged as a result of this, the judge may ask for the abolition of the relationship of the adoption.

Other deficiencies

Article 318- If the adoption is disabled by one of the other deficiencies on the merits, the Public Prosecutor or the individual concerned may request the abolition of the relationship.

In the meantime, if the deficiencies have disappeared or are only procedural and if the abolition of the relationship severely damages the interests of the child, this cannot be done.

Deserving time

Article 319- The right of action expires after one year, starting from the learning of the reason for the abolition of the foster relationship.

Mediation process

Article 320- Mediation activities for the adoption of minors shall only be made by the institutions and organizations authorized by the Council of Ministers.

The matters related to the conduct of intermediation activities are regulated by a regulation.

FIVE – PROVISIONS

Last name

Article 321- If the child, mother and father are married; bears his last name. However, if the mother has a double surname due to a previous marriage, the child carries her bachelor surname..

Mutual obligations

Article 322- The mother, father and child are responsible for helping each other, respect and understanding and respecting family dignity as required by the peace and integrity of the family.

Personal relationship with children; Mother and father; rule

Article 323- Each parent has the right to have an appropriate personal relationship with the child who is not under the custody or left to him.

Borders

Article 324- Each of the parents is obliged to avoid interfering with the child’s personal relationship with the child and to avoiding the education and training of the child.

The child’s peace of mind is endangered due to personal relationship, or the parents use these rights contrary to their obligations set forth in the first paragraph, or they do not take care of the child seriously, or if there are other important reasons, the right to establish a personal relationship may be denied or taken away from them.

With third parties

Article 325- If there are extraordinary circumstances, the right to have a personal relationship with the child to the extent appropriate to the child’s interests may also be granted to other persons, in particular their relatives.

The restrictions imposed on the parent and father are applied by comparison to third parties.

Authority

Article 326- In all arrangements relating to the establishment of a personal relationship, the child’s court is also authorized.

The rules of authority on divorce and the protection of the unity of marriage are reserved. 

Until a personal relationship with the child is made, a personal relationship cannot be established except with the consent of the person entitled to a custody or the child.

Meeting the costs of care and education of children; coverage

Article 327- The expenses for the care, education and protection of the child are covered by the mother and father.

If the parents are poor, or if the child’s special circumstances require extraordinary expenses or if there is any other unusual reason, they may, with the permission of the judge, spend a certain amount of the child’s property sufficient for his care and education.

Time

Article 328- Parents’ care debt continues until the child becomes mature.

If the child is still an adult, he / she is obliged to take care of the child until his / her education is terminated to the extent that the parents can be expected according to the situation and conditions.

The right to the case

Article 329- The mother or father who is de facto facing the minor can open alimony for the child against the other.

In cases where it is necessary for the minor who does not have the power to discriminate, the alimony case can be opened by the trustee or the guardian to be appointed.

The child, who has the power to discriminate, can also open alimony cases.

Appreciate the amount of child support

Article 330- The amount of alimony is determined by taking into account the needs of the child and the conditions of life of the parents and their ability to pay. In determining the amount of child support, income of the child is also taken into consideration.

Alimony is paid in advance every month.

In the case of a request of the judge, the judge may decide on the amount to be paid in accordance with the social and economic status of the parties in the coming years.

Change of status

Article 331- If the situation changes, the judge re-determines the amount of alimony on demand or removes alimony.

Temporary measures; generally

Article 332- In the case of alimony proceedings, the judge shall take the necessary measures during the trial upon the request of the plaintiff.

If a patrol is detected, it may be decided that the defendant will be able to store the appropriate amount of alimony or to pay temporarily. 

Before the paternity

Article 333- With the paternity case, alimony is requested and if the judge finds the possibility of paternity, he can decide a suitable alimony for the child’s needs before the end of the term.

Giving assurance

Article 334- If it is acceptable that the parent and father do not fulfill their maintenance obligations consistently and persistently, or are prepared to flee, they spend or spend their goods indiscriminately, the judge may decide to provide an appropriate assurance of future alimony obligations or, where necessary, to take other measures.

SIXTH- CUSTODY

generally; Conditions

Article 335- The minor is under the custody of his parents. Without legal reasons, custody cannot be taken from the parents.

Unless you need to be appointed as a guardian of guardians, the restricted adult children remain under the custody of their parents.

If mother and father are married

Article 336- As long as the marriage continues, the parents use custody together.

If the common life is terminated or the state of separation has taken place, the judge may give the custody to one of the spouses.

Parents, the death of one of the father and mother, the divorce is left to the child belongs to the party.

If the parents are not married

Article 337- If the mother and father are not married, custody belongs to the mother.

If the minor is small, restricted or dead or the guardianship is taken from him, the judge shall appoint a guardian or grant the father the father, in the interests of the child.

Step children

Article 338- The spouses are obliged to pay attention and care to their adult stepmother.

The other spouse helps the spouse who uses custody on his own child in an appropriate way; it represents the child’s needs to the extent required by the situation and circumstances.

The scope of the maternity; generally

Article 339- The parents take the necessary decisions and implement the child’s care and education, taking into account his / her interests.

The child is obliged to listen to his parents’ words.

The parent and the father allow the child to organize his life to the extent of maturity; they consider his thought as important as possible.

The child cannot leave home without the consent of his parents and cannot be taken from them without legal grounds.

The mother and father put the child’s name.

Education

Article 340- The parents educate the child according to their possibilities and ensure and protect his physical, mental, spiritual, moral and social development.

The parents provide a general and vocational education to the child, especially those with a physical and mental disability, to the extent appropriate to their abilities and tendencies.

religious education

Article 341- The right of the child to determine the religious education belongs to the parents.

Any contract that restricts the rights of the mother and father in this respect is invalid.

Ergin is free to choose his religion.

Representation of the child

Article 342- Parents and daughters are legal representatives of their children against third parties.

Goodwill third parties may assume that each of the spouses is trading with the consent of the other.

The provisions on representation of the restricted persons, other than those subject to the permission of the guardianship authorities, shall also apply to the representation in the salary.

The child’s veracity

Article 343- The verbal capacity of the child under the guardianship is like the license of the person under guardianship.

The child is responsible for his debts, regardless of the rights of the mother and father on the child’s property.

The child represents the family

Article 344- If the child under the guardian has the power to discriminate, he / she may carry out legal proceedings on behalf of the family with the consent of the parents; because of these transactions, the mother and father are under debt.

Legal transactions between the child and the mother and father

Article 345- The child’s inability to be debited by a legal transaction between the child and the mother or father or between the child and the third person in the interest of the mother and father depends on the participation of a trustee and the approval of the judge.

Child Protection; Protection measures

Article 346- If the interests and development of the child are jeopardized, the parent cannot remedy the situation or if the power is insufficient, the judge shall take appropriate measures for the protection of the child.  

Placement of children

Article 347- If the physical and mental development of the child is in danger, or if the child has been permanently abandoned, the judge can take the child from the mother and father and place it in a family or institution.

If the child’s family stay in the family is disturbing the peace of their family to an extent that they cannot be expected, and if there is no other option according to the requirements of the situation, the master or the father or the judge on the request of the child may take the same measures.

If the parents are not able to pay, the expenses of these measures are covered by the State.

Provisions regarding alimony are reserved.

Removal of custody; generally

Article 348- If it is foreseen that other measures for the protection of the child cannot be taken as a result or that these measures are inadequate, the judge decides to abolish the custody in the following cases:

1. The mother and father’s inexperience, disease, elsewhere, or similar reasons, such as the custody of the task is not properly fulfilled.
2. The mother and father do not show sufficient interest in the child or heavily neglect their obligations to him.

If a parent is removed from both parents, the child is appointed a guardian.

Unless stated otherwise in the judgment, the abolition of custody includes all children who will be present and will be born.

If the mother or father remarried

Article 349- The remarriage of a parent or father who has a righteous deed does not require the abolition of custody. However, the custody of the child may be changed when the benefit of the child requires it, and the guardian may be appointed to the child according to the circumstances and conditions.

Parents’ obligations in case of abolition

Article 350- In the case of the abolition of the guardian, the obligations of the parents of their children to cover the costs of care and education shall continue.

If the mother and father and the child do not have the power to pay, these expenses shall be borne by the State.

Provisions regarding alimony are reserved.

Change of status

Article 351- In case the situation changes, the measures for the protection of the child must be adapted to the new conditions.

If the reason requiring the abolition of the guardianship has been eliminated, the judge returns the guardianship either of their own accord or upon the request of the mother or father.   

SEVENTH – CHILDREN’S GOODS

ACADEMIC AUTHORITIES; generally

Article 352- Parents and custodians shall have the right and the right to manage the child’s property as long as their custody continues; as a rule do not provide account and assurance.

The judge will intervene when the parents do not fulfill their obligations.

When the marriage is over

Article 353- When the marriage is over, the spouse remaining in the ward is obliged to give the judge a book showing the breakdown of the property of the child and to report any significant changes in the assets or investments made.

Right to use

Article 354- The parents may use the child’s property unless their custody is lifted due to their defects.

Revenues

Article 355- Mother and father, the income of children’s goods primarily for the care, training and education of the child; to the extent that they meet the needs of the family.

The surplus comes from children’s goods.

Partial consumption of children’s goods

Article 356- Payments, reparations and similar acts in the form of capital may be partially used for the care of the child as required by ordinary needs.

If there is a necessity for the care, upbringing and education of the child, the judge may authorize the mother and father to apply to the other property of the child.

Free goods of the child; Gaining on

Article 357- The parents cannot spend the income of the gains made to the child for their own benefit in order to open an interest-bearing investment or savings account or on the condition that the parents do not use it explicitly.

If the beneficiary does not explicitly state otherwise, the parent and the father have the right of administration over them.

Stored Share

Article 358- The savings of the child can be excluded from the management of the mother and father by the death savings.

If the inheritance has left management to a third party, he can foresee that at certain times this person will be accountable to the judge.

Goods and personal gain for the profession or art

Article 359- In order for the mother and father to reach a profession or art, the right to own and benefit from their own goods or to benefit from them belongs to the client.

While the husband lives at home with his father and mother, the mother and father may wish to have an appropriate contribution for his care. 

Protection of small goods; Precautions

Article 360- The parent and father take appropriate precautions for the protection of the goods, even if they do not show enough enough for any reason what the child is managing their property.

Now, we can specifically instruct on the management of goods; If the information and calculation given at certain times is not sufficient, it may decide to deposit the goods or show the glorification.

The management of the management from the mother and father

Article 361- If the danger of the goods of the client could not be otherwise managed, he / she may decide to transfer the management to a register.

Whoever assumes that the management threatens the goods that do not belong to the mother and father, they may decide to take the same measures.

Those who are aware of the fact that their income or certain amounts of goods separated from them will be disbursed in accordance with the law, however, they may leave their management of a loss.

Termination of management; Transfer of goods

Article 362- When the parent and parent, guardian or management rights expire, the child passes the goods together with his account to his / her adult child, guardian or registrar.

Mother and father responsibility

Article 363- The father and mother are responsible for the return of the children’s goods as a proxy.

In accordance with the directive, the goods which they transfer to others are replaced only by the return of their counterparts.

In accordance with the law, they are not kept low due to the expenses they make for the child or family.

Part Two – Family

FIRST SEPARATION – OBLIGATION FOR MAGNIFICENCE

Alimony

Article 364- Everybody, if not helped, is tempted to give alimony to the brothers and subsoy, who will fall into poverty.

The sustenance of alimony of the siblings depends on their presence in welfare.

The husbands of the mother and father’s maintenance pipes are reserved.

The right to the case

Article 365- The alimony proceedings shall be held in the inheritance, keeping them in front of the watch.

The case is necessary for the claimant to be dealt with and the claim of the subscriber of the corresponding goods.

If the support of one or more of the children’s descendants is unfair, it may reduce or diminish the alimony of their child support.

The case may also be filed by official or public institutions which are looking at alimony.

It is currently possible to decide on the amount of support that will be decided by the parties in the future in the social and economic situation.

The competent court is the jurisdiction of one of the parties.

People in need of protection

Article 366- The maintenance of people in need of protection is ensured by the institutions which are underpinned by it. These institutions may ask you for the costs of child support for the high costs of child support.

SECOND

Terms & conditions

Article 367- If a family headed by multiple members of the family still living in the law, in order to follow or follow the house, the authority to govern the house belongs to him.

The authority to manage the house includes all those who live together as a household due to blood or in-law kinship, labor, apprenticeship or similar reasons, or in a relationship of protection and surveillance.

Rulings; House layout and vision

Article 368- People living together live at home. The benefit of each of the households in the establishment of this level is shown in a fair manner.

Each of the households, especially for education, education, religion, profession and art, takes advantage of the neces- sity.

The head of the house is full of protection and protection for the spouses of the homeowners with care.

Responsibility

Article 369- The head of the household was taken from the damage caused by the person, minor, mental illness or mind weakness of the household. ± they are responsible for observing carefully what the conditions and conditions require, or even if they show that they do not prove that they cannot prevent the occurrence of the loss.

The head of the household is tempted to take the necessary measures to ensure that people who are ill from their households or who have weaknesses do not endanger themselves or others to danger or harm.

It shall ask the competent authority to take the necessary measures at the time of necessity.

The subgenus will get equalization; Terms & conditions

Article 370- Adult parents who live with their parents and large parents and who care for their labor or income, may ask for an appropriate price.

At the moment of non-compliance, he / she decides about the amount of the price, the purchase and the form of payment.

The desired

Article 371- Altsoy may ask for this at the expense of the debt.

The creditor, this may take the whim of the debt, the end of the life together or the change of hands of the business, may be subject to debt enforcement proceedings or his or her business .

This will not take the time. But it can be asked until the moment of the division of the maximum debt of the debt.

THIRD SECTION – FAMILY PROPERTY

Family Foundation

Article 372- A family foundation can be established in accordance with the provisions of the law on persons and law of inheritance in order to provide the education and training of family members, and their support and similar purposes.

It is forbidden to qualify a property or the right to remain from one generation to the next. Such a justification cannot be made by establishing a foundation.

Family property partnership; formation; Terms & conditions

Article 373- The relatives can establish a family property partnership between them by putting all or part of the inherited heritage or other goods.

Figure

Article 374- The family property partnership agreement must be made officially and bear the signatures of all partners or representatives.

Time

Article 375- Family property partnership can be established for specific or uncertain time. Unless the term is determined, each of the partners may withdraw from the partnership provided that they notify six months in advance.

This statement applies to the end of the usual harvest season in a partnership with the agricultural enterprise, but according to where the crops grow.

Ruling; Business cooperation

Article 376- The partnership of family property unites partners in economic activity.

Unless otherwise agreed, each of the partners has an equal right.

Partners cannot demand their shares as long as the partnership continues, nor can they make savings transactions on these shares.

Management and representation; generally

Article 377- Family property partnership is managed jointly by all partners.

Each of the partners may carry out the usual management work without the need for other partners to participate.

Administrator’s authority

Article 378- Partners may appoint one of them as partners to the partnership.

The manager manages the partnership and represents it in the transactions related to the partnership.

Unless it is registered in the trade register, who will represent the partnership, it cannot be argued against the third parties that other partners do not have the power to represent.

Common goods and personal goods

Article 379- The partners are the owners of the goods in the partnership.

The partners are jointly liable for the debts of the partnership.

The goods which the partners acquire through the inheritance, or in any way, by unpaid win during the continuation of the partnership, unless otherwise agreed with the goods they left out of the partnership, are their personal property.

End of partnership; Causes

Article 380- The partnership ends in the following cases:

With the agreement or termination of all partners,

If the duration of the partnership is not extended or implicitly,

Upon the seizure and sale of a share of one of the partners,

With the bankruptcy of one of the partners,

With one of his partners justified.

Termination notice, unable to pay, marriage

Article 381- If one of the partners declares a termination or becomes bankrupt, or if the sale of a seizure of a shareholder is required, the other partners may maintain the partnership among themselves by paying the rights of the partner or creditors who have left.

The married partner may ask for the right to be paid in partnership without the need for notification of termination.

Death

Article 382- In the event of the death of one of the partners, his heirs whose partners are not part of the partnership may only be asked to pay for the share of the deceased partner.

If the deceased has abandoned the protagonist as a common heir, they may enter into partnership with the consent of the other partners.

Sharing rules

Article 383- The sharing of the shares of the partnership or the calculation of the share of the partner shall be made according to the value and the status of the shares of the partnership in the time of sharing or separation.

Sharing and reckoning are not desirable at an inappropriate time.

Family-owned partnership; Subject

Article 384- The partners may leave the representation of the partnership and the operation of the goods of the partnership to one of them, provided that a certain share is given to them from the annual earnings by the agreement to be made between them.

If this share is not determined by the agreement, the fair amount of the affiliate’s assets shall be determined in a fair manner, taking into account the average amount of earnings in an appropriately long period and the operation and spending of the partner.

Reasons for special termination

Article 385- Partners who have business and representation rights have the right to request termination of the partnership unless the Company does not operate the goods properly or fulfills their obligations.

On the basis of one of the partners requesting for justified reasons, the judge may decide, taking into account the rules of sharing in the inheritance, to participate in the exploitation of the partner and the property in partnership with the receiving shareholder on the entity and its representation.    

The rules regarding the partnership that the partners cooperate with are also applied in partnership with the family with salary shares.

Family residence; generally

Article 386- The properties suitable for houses, agriculture or industry can be transformed into family dormitories with additions.

Establishing; Terms & conditions

Article 387- The size of the immovable property to be a family home cannot be higher than the amount required for the normal livelihood and accommodation of a family, regardless of the pledge rights and the other property of the owner.

Unless the court has accepted a temporary exception based on justified reasons, the owner, his or her property on the immovable property or its own residence or its residence is mandatory.

Method and shape; Advertisement

Article 388- Persons who are likely to suffer damage due to the establishment of creditors and family dormitories are called upon to report their objections to the court within two months before the establishment.

The situation is also notified to those who are secured by the immovable pledges and the foreclosed creditors.

Protection of the rights of third parties

Article 389- The necessary conditions are necessary for the dormitory to be constructed as a family dormitory, and if the third parties do not object to the establishment of the dormitory or if the objection is found to be unfair, the court allows the institution.

The establishment of a family dormitory cannot be allowed unless it is proven that the creditors who have objected within the period are dismissed or the pledges and liens on the property are removed. The debtor who wants to establish a family home can make immediate payments, even if the debt is subject to maturity in favor of the opposing or pledged creditor.

Annotation of title deed

Article 390- The transfer of an immovable property to a family dormitory is only possible by issuing annotations to the title deed of that real estate; this issue is declared by the court.

Results; Limiting the right to savings

Article 391- The immovable properties that have been rendered as a family home cannot be transferred, pledged or rented.

Regarding the family dormitories and add-ons, without prejudice to the administration by the court, it cannot be applied to the execution way.

Taking blood relatives to the family residence

Article 392- Malik, because of the poverty of the family dormitory and need to be taken to prevent the adoption of the superscripts, subordinates and siblings can be decided by the court to accept.

Maliks incapability to pay

Article393- If Malik is incapacitated to pay his debts, a court administrator is appointed to manage the family home.

The manager manages the purpose of the country and the interests of the creditors.

Creditors take their rights according to the date and bankruptcy in their incapable documents.

Termination; In the case of the death of the Malik

Article394- The continuation of the family dormitory after the death of the owner depends on the fact that a death-related saving has been made in relation to the passing of the real estate to the heirs.

If there is no such savings, the evacuation on the land registry in the land registry will be deleted.

Malikin in health

Article395- Malik may end his health in the country.

For this purpose, the owner shall apply to the court with a petition to delete the registration in the land registry; this request is announced by the court.

If there is no objection within two months starting from the date of announcement or if the objection of the objection is understood, the court allows the deletion of the record in the bills.

PART THREE – GUARDIAN

CHAPTER ONE – GUARDIAN ORDER

FIRST SEPARATION – GUARDIAN BODIES

generally

Article396- Guardianship bodies, guardianship offices and guardians and trustees.

Guardians’ apartments; Public custody

Article397- It is carried out by the custody offices consisting of the public custody, the guardianship authority and the supervisory authority.

The guardianship, the magistrates’ court; the supervisory authority is the court of first instance.

Special guardianship; Terms & conditions

Article398- The guardianship may be granted to a family if the interests of the person under guardianship are justified, especially if a business, a partnership or similar business is to be maintained.

In this case, the authority, duty and responsibility of the guardianship authority will be established into the family council. 

Establishing

Article399- The special guardianship is established by the supervisory authority upon the request of the spouse or the two close relatives of the person under guardianship and the veracity of the actor.

Family Council

Article400- The family council consists of at least three members of the supervisor, who shall be appointed as guardians and shall be appointed for four years by the supervisory authority.

The spouse of guardianship can also join the family council.

Assurance

Article401- The members of the family council must provide assurances that they will perform their duties properly.

No special guardianship can be established without assurance.

Termination

Article402- If the family council does not perform its duties or requires the benefit of the guardianship, the supervisory authority may at any time change the family council or terminate the special guardianship.

Guardian and guardian

Article403- The custodian is obliged to protect all interests of the minor or restricted under guardianship in relation to his personality and assets and to represent him in legal proceedings.

My trustee is appointed to see certain jobs or to manage their assets.

The provisions of this Law on the guardian shall also apply to the trustee unless otherwise stated.

SECOND – PERSONS REQUIRING THE REQUIREMENT

Childhood

Article404- They are placed under every small guardianship which is not under the guardianship.

Population officers, administrative authorities, notary publics and courts, who learn the existence of such a situation requiring custody when performing their duties, must immediately notify the competent guardianship authority.

Restriction; Mental illness or mental weakness

Article405- Any adult who cannot see his / her work due to mental illness or mental illness, or who is required to help him / her to be protected and cared for, or who endangers the safety of others is restricted.

Administrative authorities, notaries and courts, who have learned of the existence of a situation requiring tutelage when performing their duties, must immediately notify the competent guardianship authority. 

Extravagance, alcohol or drugs Substance abuse, bad lifestyle, maladministration

Article406- Her extravagance is restricted by every adult in need of protection or care, or threatening the safety of others, leading to the danger of being stuck or into poverty, either because of her alcoholism or drug abuse, abuse, or mismanagement.

Freedom-binding punishment

Article407- Any adult doomed to a binding sentence of one year or more shall be restricted.

The authority to carry out the sentence is obliged to inform the competent custody authority that he or she is appointed as a guardian.

On request

Article408- Because of his age, disability, inexperience or severe illness, he can ask for any adult restriction proving that he cannot manage his work properly.

Method; Concerned and expert report

Article409- No one can be restricted by extravagance, alcohol or drug abuse, poor lifestyle, mismanagement or desire.

Due to mental illness or mental weakness, the restriction is only decided upon the official medical board report. Before making a decision, the judge may listen to the person who is asked to be restricted by considering the board report.

Advertisement

Article410- The restriction decision shall be announced at the place of registration of the restricted and the population where it is registered.

Restriction does not affect favorable third parties before the announcement.

The provisions concerning the consequences of not having the power to discriminate are reserved.

THIRD PARTY – AUTHORITY

Authority of guardianship work

Article411- In guardianship, the authority belongs to the guardianship offices in the settlement of the minor or restricted.

Change of settlement

Article412- The person under guardianship cannot change the place of residence without the permission of the guardianship authority.

In case the settlement changes, the authority passes to the new guardianship offices. In this case, the restriction is declared in the new settlement.  

FOURTH –

Terms & conditions; generally

Article413- The guardianship authority appoints an adolescent who is capable of doing this duty as guardian.

Where necessary, more than one guardian may be appointed to perform this task, either individually or in accordance with the powers established by the guardianship authority.

Unless they have any consent, more than one person is assigned to carry out custody together.

The priority of your spouse and spouse

Article414- Unless the justifiable reasons are impeded, the guardianship authority assigns one of their first or close relatives to this position, provided that they have guardianship conditions. In this appointment, the proximity of settlements and personal relations are taken into consideration.

Relevant requests

Article415- Unless the justifiable reasons are hindered, the guardianship shall be appointed to the person to whom the custody shall be taken, or to the person indicated by the parent or the father.

Obligation to accept guardianship

Article416- Those who are appointed to guardianship of the inhabitants of the place of guardianship are obliged to accept this duty.

There is no obligation to accept guardianship in case of appointment by the family assembly.

Reasons for avoidance of guardianship

Article417- The following persons may not accept the guardianship:

1. Sixty years old,
2. Those who can hardly do this job due to their physical disabilities or permanent illnesses,
3. The parents of more than four children,
4. Those who have a duty on guardianship,
5. President of Grand National Assembly of Turkey and the Cabinet members, judges and prosecutors are professionals.

Reasons for obstacles

Article418- The following persons cannot be guardians:

1. Incapacitated,
2. Forbidden or denied life in public service,
3. Those who are in conflict with the interests of the person to be appointed to him or her,
4. Judges of relevant custody offices.

Appointment procedure; Appointment of guardian

Article419- The guardianship authority is obliged to appoint a guardian without delay.

When deemed necessary, it may also be decided to restrict the adults; however, the restriction decision will give rise to results after mature.

As a rule, the restricted adult children are not kept under guardianship and are subject to parental care.

Temporary measures

Article420- If the guardianship is obligatory, the guardianship authority takes the necessary measures before the appointment of the guardian; In particular, it can temporarily remove the act of driving license of the person to be restrained and assign a representative to it.

The decision of the guardianship authority is announced.

Communiqué and announcement

Article421- The decision of appointment is communicated to the guardian immediately.

If the restriction and the guardianship are appointed or if the custody is restricted, the decision shall be announced at the place of restraint and where the population is registered.

Avoidance and objection; Method

Article422- The person appointed to the guardianship may exercise his right to avoid guardianship within ten days of the notification of this situation.

Everyone concerned may claim that it is unlawful to designate in ten days, starting from the day he / she learns that his guardian has been appointed.

The guardianship authority throws a new guardian if he / she sees the cause of objection or objection; if he / she does not see it, he / she informs the supervisory authority to make the necessary decision together with his / her opinion on this subject.

Temporary duty

Article423- The person appointed to the guardianship is obliged to fulfill the duties of the guardian until he or she is appointed, even if he has refrained from his guardianship or objected to his appointment.

Article424- The supervisory authority shall notify the person and guardian of the decision assigned to the guardianship.

The guardianship authority shall immediately appoint a new guardian if the appointment to the guardian is removed.

Assignment of duty

Article425- When the decision of appointment is finalized, the guardianship authority performs the necessary actions for the guardian to take office.

FIVE – GOVERNANCE AND LEGAL CONSULTANCY

Custodian; Representation

Article426- The guardianship authority assigns the representative trustee at the request of the relevant person or ex officio in the other cases written below or shown in the law:

1. If a mature person is not able to see an urgent task or appoint a representative for his or her illness, elsewhere, or similar reasons,
2. If the interests of the legal representative and the interest of the minor or the constraint conflict in a business,
3. If there is an obstacle for the legal representative to perform his duties.

Management; By law

Article427- The guardianship authority takes the necessary measures for goods that are not owned by anyone, and in particular places a management trustee in the following cases:

1. If no one can be found for a long time and his place is unknown,

2. While there is no reason enough to be taken under guardianship, if a person lacks the power to manage his property on his own or to appoint a representative for it,
3. If inheritance rights in a estate are not yet clear or if the interests of the fetus require it,
4. If a legal entity is deprived of the necessary bodies and its management has not been achieved by any other means,
5. If there is no way to manage or spend money and other benefits collected from the public for another job or a benefit for general benefit.

On request

Article428- If there is a reason for the optional restriction, a mature person can be assigned a trustee on his / her own request.

Legal advice

Article429- Although there is no reason to restrict it, a legal counselor is appointed to receive an opinion of an adult who is deemed necessary to limit his / her capacity in terms of protection:

1. Litigation and settlement,
2. Purchase, sale, pledging of immovable properties and establishment of other real rights on them,
3. Purchase, sale and pledge of negotiable documents,
4. Construction works outside the boundaries of ordinary management,
5. Lending and receiving,
6. Taking the main money,
7. Forgiveness,
8. Under the foreign exchange commitment,
9. Don’t bail.

Under the same conditions, the power to manage the assets of a person can be lifted in his / her incomes without reservation.

Authority

Article430- The trustee is appointed by the guardianship authority of the person who will be appointed as trustee.

The trustee shall be appointed by the custodial authority, where the majority of the assets are managed or the property of the person represented is located.

Method

Article431- The rules for the appointment of the guardian shall also apply to the appointment of the trustee and legal counsel.

The decision on the appointment of a trustee or a legal counselor shall be declared only if the guardianship office considers it necessary.

SIXTH – LIMITATION OF FREEDOM FOR THE PROTECTION OF PROTECTION

Terms & conditions

Article432- Mental illness, mental weakness, alcohol or narcotics Drug addiction is one of the causes of serious danger infectious disease or vagrancy. Public officials who learn the existence of one of these reasons when performing their duties must immediately notify the competent guardianship authority.

In this regard, the burden on the person is also taken into consideration.

The person concerned is removed from the institution if the situation permits.

Authority

Article433- The authority to decide on placement or detention is the custodial authority of the place where the person concerned is in a situation where there is a problem in the settlement or delay.

The guardianship authority, who decides on placement or detention, is also authorized to remove it from the institution.

Notification obligation

Article434- Where a restricted person is placed or detained in an institution or other measures are required to be followed by a maternity person, the person concerned at the place of guardianship or special laws shall be obliged to inform the guardianship authority of the settlement.

Objection

Article 435- The person or relatives placed in the institution may object to the audit authority within ten days of being notified of the decision.

This right may also be used in the event of a refusal of removal from the institution.

Method; generally

Article436- Restriction of freedom for protection purposes is subject to the Law on Civil Procedure, without prejudice to the following rules:

1. It is imperative that the person concerned be informed of the reasons for this decision and that he / she may appeal the decision against the decision in writing.
2. The person who is placed in an institution shall be notified in writing to the supervisory authority within ten days at the latest against the rejection of the request for detention or the refusal of the request for removal from the institution.
3. Any request requiring the decision of the court shall be forwarded to the competent judge without delay.
4. The decision-making authority may postpone the deliberation of the request according to the status of the guardianship authority or the judge.
5. A decision can only be made about those with mental illness, mental weakness, alcohol or drug addiction, and a serious contagious disease, only after an official health board report is received. If the guardianship authority has applied to an expert before, the supervisory authority may waive this.

Judgment procedure

Article437- The judge shall decide according to the simple trial procedure.

If necessary, legal aid is provided to the person concerned.

The judge listens to the person concerned when making a decision.

Part Two – Execution of Guardianship

FIRST SEPARATION – DUTIES OF THE GUARDIAN

Initiation; Bookkeeping

Article438- When the decision of appointment to the guardianship is finalized, the book of the property to be managed shall be kept by a person appointed by the guardian and the guardianship office.

If the person under the guardianship has the power to distinguish, he / she shall be kept available when the book is kept.

If required by the circumstances, the supervisory authority may decide to keep the official book of the person under guardianship at the request of the guardianship and guardianship authority. This ledger creates the consequences of the official book in the inheritance against creditors and is kept in accordance with the procedure therein.

Storing valuable things

Article439- Valuable documents, valuables, important documents and the like are placed in a safe place under the supervision of the guardianship authority if there is no objection in the management of their assets.

Selling movables

Article440- If the interests of the person under the guardianship require the interests of the person outside the valuable things, in accordance with the instructions given by the guardianship authority, sold at auction. The judge may also decide to negotiate the special circumstances, negotiation of the movable property or the lack of value.

Things that carry a special value for the person under his guardianship or for his family cannot be sold unless there is an obligation.

Placing coins; Obligation to deposit

Article441- Coins which are not required for the management of the person or the property under the guardianship are deposited in a national bank determined by the guardianship authority or converted into securities issued by the Treasury in order to bring interest.

The guardian, who delayed the deposit of the money for more than one month, is obliged to pay the loss of interest.

Conversion of investments

Article442- Investments that are not reassuring enough are converted into safe investments.

The conversion should be done at the appropriate time and in the interest of the person under guardianship.

Commercial and industrial enterprises

Article443- If there is a commercial, industrial or similar enterprise in the assets of the person under guardianship; the guardianship authority shall issue the necessary instructions for the continuation or liquidation of their operation.

Sale of real estate

Article444- The sale of immovables is only possible in accordance with the instructions of the guardianship authority and only when the interests of the guardianship require it.

The sale is made by an auction if the guardianship authority is prepared by a person appointed by the person for this work and the tender is completed by the consent of the guardianship authority; the decision on the approval must be made within ten days of the tender day.

However, the supervisory authority may decide to negotiate exceptionally by considering the special circumstances, the nature of the property or the low value of the property.

Care and representation; Take care of the person; small in ; generally

Article445- If the person under guardianship is small, the guardian is obliged to take the necessary measures for his care and education.

Without prejudice to the provisions of the guardianship authorities, the guardian has the authority of the parents in this regard.

Restriction of freedom for protection

Article446- The guardian of the guardianship shall decide the guardian of the guardianship upon the application of the guardian by the guardian to the placement of an institution for protection purposes and inform the guardianship authority immediately.

Apart from this, provisions regarding the restriction of liberties shall be applied in order to protect adults, whether they are limited or not.

The child who is not 16 years of age can not apply to the court personally.

Restricted in

Article447- The guardian is obliged to protect the constraint and to assist him in all his personal affairs.

In cases of delay, the guardian may place the detainee in an institution or, according to the provisions on the restriction of liberty, to protect him or her and immediately inform the guardianship authority.

Representation; in generalk

Article448- Without prejudice to the provisions of the guardianship authorities, the guardian represents the person under the guardianship in all legal proceedings.

Prohibited transactions

Article449- It is forbidden to be a guarantor, to establish a foundation and to make significant donations.

Taking the opinion of the person under guardianship

Article450- If the person under guardianship is capable of creating and explaining his / her views, the guardian is obliged to take his opinion, to the extent possible, before deciding on important matters.

The person under the guardianship has found the work appropriate does not relieve the guardian of responsibility.

Jobs under guardianship; The consent of the guardian

Article451- The person under guardianship with the power to discriminate may have the obligation to withhold the consent or subsequent consent of his / her guardian or give up a right.

If the transaction is not approved by the other party or within a reasonable time determined by the judge upon the application, the other party shall not be bound by it.

Result of failure

Article452- In the transactions which the guardian does not approve, each of the parties may ask for the return. However, the person under guardianship is solely responsible for the amount of wealth that has been spent on his or her own interests or when s / he recalls it, or the amount he has discharged without goodwill.

If the other person under the guardianship is wrong on the other side that he has the capacity to act, he is therefore responsible for the damage he has suffered.

Profession or art

Article453- If the person under the guardianship is authorized by the guardianship authority for the conduct of a profession or art, he / she is authorized to carry out all the usual procedures related to it and is responsible for all such assets.

Managing assets; Management and accountability

Article454- The guardian has to carefully manage the assets of the person under guardianship like a good manager.

The guardian is obliged to keep an account regarding the administration and to submit the account to his review on the dates determined by the guardianship authority and in any case once a year.

If the person under guardianship is capable of creating and explaining his / her views, the account shall be made available to the extent possible by the judge during his examination.

Free goods

Article455- Under the guardianship, the person is free to manage and use the goods he / she earns by working with the goods left to his / her disposal with the permission of his / her guardian.

Duration of the task

Article 456- The guardian is appointed as a rule for two years.

The guardianship authority may extend this period for two years each time.

By the end of four years his guardian may exercise his right to avoid guardianship.

Price of the guardian

Article457 – The guardian may request that the person under guardianship be paid a fee for the assets of the person under the custody, provided that they do not have the opportunity. The remuneration to be paid shall be determined by the guardianship authority for each accounting period, taking into consideration the income of the management and the income of the managed assets.

SECOND AYIRIM – TASKS OF THE LOSS

Location of the trustee

Article458- The appointment of a trustee to a person does not affect his / her action. Provisions regarding legal advice are reserved.

The tenure of the custodian is determined by the guardianship office.

The scope of trust; A certain job

Article459- The trustee who is assigned to a certain job must comply with the instructions of the guardianship authority.

Property management

Article460- If the trustee is assigned with the management and supervision of a property, he / she can only do the works necessary for the management and protection of the assets.

The duty of the trustee to perform other works shall be subject to the authorization of the guardianship authority if he is not in a position to give this power to the person represented.

THIRD PARTY – DUTIES OF VESAYET APARTMENTS

Complaint and appeal

Article461- The person under guardianship and the authorities who have the power to discriminate can lodge a complaint against the guardianship against the actions and actions of the guardian.

It can be appealed against the decisions of the guardianship authority within ten days of notification.

Permission; From guardianship

Article462- Guardianship authority is required in the following cases:

1. Purchase, sale, pledging of immovable properties and establishment of other real rights on them,
2. Purchase, sale, transfer and pledge of movable or other rights and values ​​other than ordinary management and operational needs,
3. Construction works exceeding the ordinary management limits,
4. Lending and receiving,
5. Under the foreign exchange commitment,
6. Contracts for one year or more and lease agreements for three years or more,
7. To deal with an art or profession under the guardianship,
8. In cases of haste, the lawyer shall be entitled to prosecute, peace, arbitration and concordat, without prejudice to interim measures.
9. Contracts of goods regime, division of inheritance and transfer of share of inheritance,
10. Insolent declaration of debt,
11. Life insurance about the person under guardianship,
12. Apprenticeship contract,
13. Placing the person under the guardianship in a training, care or health institution,
14. Changing the settlement of the person under guardianship.

From the supervisory authority

Article463- In the following cases, the permission of the supervisory authority is also required after the permission of the guardianship authority:

1. Adoption or adoption of the person under guardianship,
2. Citizenship of the person under the guardianship or exit,
3. Taking over or liquidating an enterprise, entering into a partnership that requires personal responsibility, or becoming a partner with a significant capital,
4. Conducting contracts with a monthly life-cycle or a view of income until death or death,
5. Acceptance, rejection or inheritance agreement of the inheritance,
6. Making the smallest adult,
7. Contract between the person under guardianship and guardian.

Review of reports and accounts

Article464- The guardianship authority examines the reports and accounts of the guardian in certain periods; in case it deems it necessary, they require them to be completed or amended.

The guardianship authority accepts or rejects reports and accounts; take appropriate measures to protect the interests of the person under guardianship when necessary.

Lack of permission

Article465- The transactions that the guardian did without the permission of the competent tutelage offices, if required by law, are subject to the transaction under the guardianship without the consent of the guardian.

FOURTH – GUARDIANSHIP ORGANS RESPONSIBILITY

Obligation

Article466- Guardianship bodies and other persons in charge of guardianship affairs are obliged to take care of a good administration while fulfilling these duties.

Responsibility of the guardian

Article467- The guardian is responsible for the damage to the custody of the person under guardianship when performing his duties.

The same provision applies to the trustee and legal advisors.

State responsibility

Article 468- As the State is directly responsible for the damages caused by the unlawful acts of the guardianship offices; he is also responsible for damages which cannot be compensated by the guardian, trustee and legal advisors.

The State compensating the damage recovers those who were faulty in the occurrence of the damage.

Those who are responsible for the occurrence of the damages with their defects are severally liable to the State which uses the right of recourse.

Duty and authority

Article469- The state court, which is the closest to the place of the guardianship, is authorized to look at the case of recourse against the persons employed in the guardianship offices of the State.

Guardianship compensation and other recourse cases where the guardianship office is located in the court of first instance.

Part Three – Termination of Guardianship

FIRST SEPARATION – END OF CONDITIONS REQUESTING TUTORIAL

small in

Article470- The tutelage on the minor ends spontaneously with his or her adult.

If it is decided by the court, the court shall also determine and announce at which date the minor shall be mature.

Convicted in

Article471- The guardianship on the person who is restricted because of his conviction for the freedom to bind his freedom is eliminated by the termination of his imprisonment.

Other constraints; abolition

Article472- The guardianship on the other constraints ends with the decision of the competent guardianship authority.

Upon the elimination of the reason for the guardianship, the guardianship authority decides to end the custody.

Restricted and each concerned may request the removal of guardianship.

Procedures; Advertisement

Article 473- If the restriction is announced, it is also announced to be removed.

The recovery of the capacity of the act does not depend on the announcement of the announcement.

Mental illness or mental weakness

Article474- A decision can be made to abolish the guardianship of the person who is restricted due to mental illness or mental weakness only if it is determined by the official health board report that the reason for the restriction has been removed.

Extravagance, alcohol or drugs Substance abuse, bad lifestyle, maladministration

Article475- His extravagance, his desire for abolition of custody because of his abuse of custody because of his misuse of alcohol or narcotics, substance abuse, bad lifestyle or assets, depends on the fact that he has not challenged a complaint concerning the reason for having been placed under guardianship for at least one year.  

Restrictions on request

Article 476- The abolition of the guardianship on the person who is restricted to his / her own will depend on the disappearance of the reason for the restriction.

In lawyer and legal counseling; generally

Article477- The representative ends with the completion of the work assigned by the trustee.

The governing team ends with the dismissal of the reason for the appointment of the trustee or the dismissal of the trustee.

Legal advice ends with the decision of the guardianship authority in accordance with the provisions on the abolition of guardianship.

Advertisement

Article478- In case the appointment is declared or the guardianship authority deems necessary, it is announced that the appointment is terminated.

SECOND – TERMINATION OF THE VASIUM DUTY

The death of license

Article479- The duty of the guardian ends when the guardian loses his / her capacity to act.

Expiration and extension of the period; Filling time

Article480- If the guardian duty is not extended, it ends with the expiration of the period.

The emergence of the cause of obstacle or avoidance

Article481- The guardian must retire from office if there is a barrier to guardianship.

The guardian may request that he be decommissioned before the expiry of a period of avoidance; however, he / she has to continue to work in the presence of important reasons.

Obligation to continue to work

Article482- The guardian whose mandate is terminated is obliged to perform the mandatory work until the new one starts.

Dismissal; Causes

Article483- The guardian shall be dismissed by the guardianship authority if the guardian severely discourages, abuses his or her authority, or acts disgruntled by trust.

If the guardian’s interests are in jeopardy due to his inability to perform the task of the guardian, the guardianship authority may dismiss the guardian even if he is not flawed.

Procedures; On request or ex officio

Article484- Under the custody of the person who has the power to distinguish, or each concerned, the guardian may request the dismissal.

The guardianship authority, which learns the existence of the reason that requires dismissal from another way, is obliged to dismiss the guardian ex officio.

Research and warning

Article485- The guardianship can only dismiss her after they have made the necessary research and listening to the guardian.

The guardianship authority warns that the guardian will be dismissed on non-heavy occasions.

Temporary measures

Article486- In cases where there is a danger in the delay, the guardianship authority may assign a guardian to a temporary job and assign a trustee; if necessary, taking into account the possible damage to the property of the guardian may put in order and may also be asked to be arrested.

Other measures

Article487- The guardianship authority is obliged to take other necessary measures for the protection of the person under guardianship, in addition to dismissing and warning.

Objection

Article488- The persons concerned may appeal against the decisions of the guardianship authority to the supervisory authority within ten days of the notification. The Supervisory Authority shall make a final decision by making a hearing at the hearing.

THIRD – TERMINATION OF THE EXECUTION RESULTS

Final account and delivery of assets

Article489- As the guardian, whose duty is terminated, is obliged to give the final report and the final account to the guardianship; he has to have his assets ready to be delivered to the person under guardianship, to his heirs or to the new guardian.

Review of the report and account

Article490- The final report and final account shall be reviewed and approved by the guardianship authority, such as reports and accounts given at certain times.

Ending the duty of the guardian

Article491- After the final report and final account have been approved and the property has been handed over to the person under guardianship, his heirs or the new guardian, the guardianship authority shall decide that the duty of the guardian has expired.

The guardianship authority shall notify the person under guardianship, his / her heirs or the new guardian by having the right to file for damages, together with the decision on the approval or refusal of the final report and final account. It is also stated in this communiqué that the duty of the guardian is terminated.

Time limitation in liability case; Ordinary timeout

Article492- The compensation case against the responsible guardian and trustee shall be subject to statutory limitation for one year starting from the date on which the final account was communicated.

The statutory limitation period for the compensation proceedings against the State for non-compensatory damages shall be one year from the date of understanding that the damage shall not be compensated for the guardian, trustee and legal counsel.

The statute of limitations of the cases against the State for the damages caused by the persons in charge of guardianship offices shall be subject to general provisions.

The recourse of the state is time-barred by one year after the birth of the right of recourse.

Extraordinary timeout

Article493- Ordinary time limitation period can be opened within one year starting from the learning of the cause of account inaccuracy or liability, which is based on an account inaccuracy or a reason of liability, which cannot be understood or understood by the affected person before the process begins.

In any case, the compensation proceedings arising from the vesting shall be expired for a period of ten years after the notification of the final account.

The guardian will receive the person under

Article494- The guardian under the guardianship of the person or against the State will take a privileged.

Third Book (Inheritance Law)

PART ONE – THE HEIRS

Part One – Legal Heirs

Blood relatives; descendants

Article495- The first-order heirs of the inheritance are his descendants.

Children are equally heirs.

Children who have died before the inheritance are replaced by their altars through succession at all levels.

Mother and father

Article496- The heirs of the inheritance, which does not have an altsoyu, are his parents. They are equally heirs.

The place of the mother and father who died before the inheritance, each level of succession is taken by their subsoyleri.

If no heiress is found on one side, the entire heritage remains to the heirs on the other side.

great mother and grandfather

Article497- They are the heirs of the mother, the father and the father, and the inheritors of the inheritance that do not have any of them. They are equally heirs.

He takes the places of the great masters and grandfathers who have died before the inheritance, and their rankings by succession.

If one of the great parents and grandparents by the mother or father has died before the subspecies are inherited, then the share that falls on him is left to the heirs of the same side.

If both the grandparents’ grandparents and their grandparents died before the moment of their descent without their descendants, the entire inheritance remains to the heirs on the other side.

If the surviving spouse has died before the legacy of one of the great fathers and grandfathers; if he does not have children, then he will have the great father and mother; if both the grandparents on one side and the grandfather were both dead, their shares would go to the other side.

Non-marital relationships

Article498- Born outside of marriage, and established by the provision of paternity, recognition or judge, they become heirs, such as paternal relatives.

Surviving spouse

Article499- The surviving spouse becomes heir at the following rates:

1. If the inheritor is the heir with the altsoyu, a quarter of the inheritance,
2. If the inheritance becomes an inheritor together with the mother and father groups, half of the inheritance,
3. If the inheritor is the heir, together with their grandparents and their children, three-quarters of the inheritance, if not, the entire legacy remains.

Foster child

Article500- The adoptive and the lower, the adopter of the blood as the heir as the heir. The inheritance of sonship continues in his own family.

The adopters and their relatives, they will not become heirs.

State

Article501- The inheritance of the deceased without the heir to the State.

Part Two – Mortality Savings

FIRST DISCRIMINATION – SAVING LICENSE

license; in testament

Article502- To be able to make a will has the power to distinguish between the age of fifteen and must be filled.

In the heritage contract

Article503- In order to be able to make an inheritance agreement, it is necessary to have the power to distinguish and be adult, not to be limited.

Disability injury

Article504- Inheritance, deceit, fright or force, the effect of death due to death is invalid. However, if the inheritance does not return from the savings within a year, starting from the day when the inheritor finds out that he has been mistaken for or that he has been deceived or that he is freed from intimidation or coercion, then the savings are considered valid.

If the true desire of the inheritance is clearly determined in the event of a mistake or error in the indication of the person or something in the death tied to death, the saving is corrected according to this desire.

SECOND – SAVE THE FREEDOM

Saving section; coverage

Article505- As an heir, he may make savings in the death dependent part of his inheritance, which leaves his inheritance with his mother or father or his spouse.

If none of these heirs are available, the inheritance can save on the entire heritage.

Stored Share

Article506-  The hidden share consists of the following rates:

1. Half of the legal legacy for Altsoy,
2. One fourth of the share of legal inheritance for each of the mother and father,
3. (This paragraph has been removed.)
4. For the surviving spouse, in the case of an heir or ancestor with the parent and father group, the entire share of the legal heritage, in other cases, three-quarters of the share of legal inheritance.

Calculation of the saveable portion; Reduction of debts

Article507- The saving can be calculated according to the condition of the date of death of the landowner.

When making the calculation, the debts of the inheritance, the funeral expenses, the stamping and writing expenses of the estate, the three months living expenses of those who live with the inheritance and who are taken care of by him / her are deducted from the stock.

Free interracial wins

Article508- The right to earn the right of the legacy, to the extent that they are subject to criticism, the savings can be added to the account in the account of the portion.

Insurance receivables

Article509- In the event that the pensioner makes a life insurance contract in favor of the third party to be paid in his / her death or to assign such a person as the beneficiary or to transfer the right to the insurer against the third party with the inter-life or death-related savings, the purchase value of the insurance receivable shall be added to the estate at the time of the death of the inheritance. .

Inheritance; Causes

Article510- In the following cases, the inheritance can be deducted from the inheritance of its inherited heir, with a death-dependent saving:

1. If the heir has committed a grave offense against one of the relatives of the inheritance or inheritance,
2. The heir does not fulfill the obligations of family law against the members of the family of the inheritance or the inheritance.

Rulings

Article511- As a result of inheritance from the inheritance, nobody can get a share; tenkis case can not open.

The inheritance share of the person inherited from the inheritance remains as if he or she had died before the inheritance, and if any, the inheritance of the inheritance of the inheritance of the inheritance.

The person who is removed from inheritance may ask for the hidden part as if he had died before the moment he left.

Burden of proof

Article512- Exemption from the inheritance, the inheritance, but the relevant savings is valid if the reason stated.

If the person removed from the inheritance objected, the existence of the stated cause, the beneficiary who benefited from the inheritor or will will fall to the creditor.

If the existence of the cause cannot be proven or the reason for the removal is not stated in the savings, the savings shall be fulfilled except for the heiress’s share; however, if the inheritance is due to a clear error of the cause of the deduction, the removal will be invalid.

Removing from inheritance due to the inability to pay debt

Article513- The inheritance can subtract from the inheritance for half of the stake share, which is incapable of paying indebtedness. However, it is essential that this half is derived from the inheritance of children born and born.

If the indemnity without paying the debt when the heritage is opened, or the amount of the debt covered by the certificate does not exceed half of the inheritance share of the inheritance, the removal from the inheritance is canceled.

THIRD PARTY – DEATH SAVED SAVINGS TYPES

generally

Article514- The inheritance can be saved within the boundaries of the freedom of savings, in all or part of its assets by means of a will or legacy contract.

On the other hand, the part of the inheritance that does not save on the legacy remains to its legal heirs.

Conditions and downloads

Article515- The inheritor can connect his death-related savings to conditions or shipments. From the moment when it gives rise to the provisions and results of savings, it may request the fulfillment of each relevant condition or installation.

Conditions and downloads contrary to law or morality invalidate their savings.

Conditions and uploads that are meaningless or only irritating others are ignored.

Assign the heir

Article516- The inheritor may appoint one or more persons to inherit for the whole or a certain proportion of his / her inheritance.

Every saving, including a person taking the entire inheritance or a certain proportion, is considered the appointment of heir. 

Clearing certain property; Subject

Article517- The inheritance can make a person gain a certain amount of property by leaving him no heir.

Leaving certain property may be aimed at giving a person the right of usufruct on the ownership of a property or the whole or part of the estate by means of death disposition; It may also be through the fulfillment of an act in favor of a person, the binding of a will or the release of a person from a debt, by imposing on the heirs or certain property left.

Unless certain goods are left in the land, those who are obliged to fulfill the death savings are liberated unless the savings are otherwise understood.

Delivery debt

Article518- Certain given goods are delivered with the status of the inheritance; benefit and damage, the opening of the inheritance is given to him at the time of certain goods.

The person who is obliged to fulfill the savings shall have the rights and liabilities of the employee without a proxy due to the expenditures he made on the certain property left after the opening of the inheritance and the damages he caused to the property.

Relationship with Tereke

Article519- Tereke may be asked to give the available or saving to the obligor or the proportionality of the savings that have damaged the share.

Savings will remain in force even if the person who is obliged to fulfill the savings has refused to inherit the inheritance or left to him, or even if he was dead or deprived of his inheritance; The obligation to fulfill passes to the beneficiaries of these situations.

A legal or designated heir may even request a saving in favor, even if the inheritance is rejected.

Assigning a backup heir

IteArticlem 520- Inheritance may appoint one or more persons as substitute heirs to replace him in case he dies or denies the inheritor.

This rule also applies to the release of certain goods.

Artmirasian assignment; determination

Article521- He can make the person assigned by the pre -miryrasser with the death dependent on his death to the artmirasher.

The same obligation cannot be imposed on artmiras.

These rules apply to the release of certain goods.

Transition to Artmiras

Article522- If the moment of transition is not specified in the savings, the inheritance passes to the artmirasist with the death of the pre-dossier.

If a moment of transition is shown in the savings, the inheritance is delivered to the heirs of the pre-dossier provided that they show no guarantee.

When there is no possibility for the inheritance of the inheritance to artmirascians, the inheritance is given to the pre-capitalist; if the predecessor is dead, his heirs remain certain.

Assurance

Article523- The book of the inheritance of the inheritance was kept by the peace court.

The inheritance of the inheritance to the pre-vigilant depends on his assurance, unless the inheritance is clearly immune. In the case of immovable property, this assurance can be provided by issuing annotations to the title deed if the title deed is considered sufficient.

If the prejudice does not guarantee or endanger the expected rights of the artmirist, it is decided to formally manage the inheritance.

Rulings; About Onmirasci

Article524- The pre-inheritor wins like heirs appointed inheritance.

The pre-inheritor has the obligation to transfer the heritage to the artmirist.

About Artmirasçı

Article525- Artmirasci wins if the legacy is right at the moment of transition.

If the Artmirascian died before the time of transition, the inheritance remains to the pre-vigilant unless otherwise stated in the savings.

If the inheritance of the pre-inheritance is not right or is deprived of the inheritance or refuses the inheritance, the inheritance passes to the Article.

Foundation

Article526- The inheritance can establish a foundation by verifying all or part of the savingsable portion of its land.

The Foundation shall acquire legal personality only if the provisions of the law are observed.

Inheritance contracts; Positive Heritage Contract

Item 527- The inheritance contract may be subject to the obligation to leave its inheritance or certain property to the person or third party to whom it has contracted.

Inheritance can save freely in the same way as before; however, death-related savings or donations which are incompatible with their obligations under the inheritance agreement may be challenged.

The waiver of the inheritance agreement; coverage

Article 528 – Inheritance may make a waiver of inheritance with a heir or with a provision.

The waiver loses the title of inheritance.

The waiver of the inheritance by providing a response also results in the waiver’s subset unless otherwise specified in the contract.

Decline

Item 529- If the waiver contract is made in favor of a certain person and the person cannot be an heir for any reason, the waiver shall be deducted from the provision.

If the waiver contract is not made in favor of a certain person, the closest common root is considered to be in favor of the subcontractor and if they cannot be an heir for any reason, the waiver is again deducted from the provision.

Tereke creditors’ rights

Item 530- In the event of the opening of the inheritance, if the customer is unable to pay the debts and the debts are not paid by the heirs, the waiver and his heirs shall be liable to the waiver of the inheritance of the inheritance to the waiver of the creditors against the creditors at the time of the opening of the inheritance.

FOURTH – DEATH SAVED SAVINGS SHAPES

Vasiyet; shapes; generally

Item 531- The will can be done by hand or by hand.

Official Testament; Regulating

Article 532 – The official will is arranged by the official officer with the participation of two witnesses.

The official may be a magistrate, a notary or another official who has been authorized by law.

Officer’s function

Article 533 – The inheritance shall notify the official to the official. The officer then writes the will or writes the will and gives the inheritance to read it.

The will is read and signed by the inheritance.

The officer signs the will with the date and signs it.

Participation of witnesses

Article 534 – Immediately after the date and signature of the will, the inheritance declares the will to the two witnesses in the presence of the officer that he read the will and that it contains his last wishes.

Witnesses sign that the statement was made in front of them and that they saw the inheritance of the inheritance of the inheritance.

The content of the will is not required to be communicated to witnesses.

Edit without being read and signed by Mirasbırakan

Article535- If he / she cannot read or sign the will from the inheritance, the officer shall read the will in front of two witnesses and declare that it contains the last wishes of the will that gives him inheritance.

In this case, the witnesses stated that the declaration of the inheritance was made in front of them and considered him competent in saving; they sign and sign it to the will or to the will that both the will is read by the officer in front of them and declared to be the last wishes of the will.

Prohibition to participate in regulation

Article536- Those who do not have the capacity to act, a criminal court, the decision of the public service, non-literate, illiterate, the wife of the grandfather, superego and her parents, siblings and their spouses, the official will be unable to participate in the regulation of the will as a civil servant or witness.

Officials and witnesses participating in the organization of the official will, the upper and lower blood of their relatives, siblings and their spouses can not be made by the testament.

Storage of will

Article537- The official who regulates the official will is obliged to keep the will of the will.

Hand written testament

Article538- The handwritten testament must be handwritten and signed from the beginning to the end, showing the year, month and day of the will.

Hand written testament may be left to the notary, the magistrate or the authorized officer to be kept open or closed for storage.

Verbal testament; Explaining last wishes

Article539- Mirasbırak that; If he / she cannot make official or written written testament because of the emergency situations such as near death, disruption of transportation, disease and war, he / he may apply verbal will.

In order to do this, he leaves his last desires to two witnesses and imposes on them the task of writing or writing a will in accordance with his statement.

The prohibition on witnesses, except in the case of literacy in the official will, also applies to witnesses in verbal will.

Certification

Article540- One of the witnesses assigned by Mirasbırakan immediately writes, declares the last desires, place, year, month and day declared to them and signs this document and signs the other witness. They pass the written document to a magistrate or first instance without spending any time together and declare to the judge that they are qualified to make a will and give him his last wishes in a state of emergency.

Witnesses can pass the last wishes of the inheritance to a record by referring to the court without spending any time before, instead of applying to the court.

A lieutenant or a higher-ranking officer, if the applicant is in the military service; If the vehicle is located in a transport vehicle outside the borders of the country, the responsible manager of that vehicle; If the health institutions are treated, the most competent manager of the health institution replaces.

Dismissal

Item 541- If there is the possibility to make a will in the other way for the inheritance, then the verdict will fall from the verdict.

Return from will; With a new testament

Item 542- The inheritor may return from the previous testament by making a new will, in accordance with one of the forms prescribed by law for the will.

May be returned from all or part of the will.

With Destruction

Item 543- The inheritance can also be returned by the will.

The will which is destroyed by the accident or by the third person’s fault and whose content is not possible to be determined completely and completely is void. We reserve the right to ask for compensation.

Subsequent savings

Item 544- If the inheritor makes a new testament without eliminating his previous will, he will replace it with the next will, without doubt.

The deprivation of a certain property shall also be terminated unless otherwise stated in the will, the inheritance shall be subsequently disposed on that property by any other saving which is incompatible with that will.

Inheritance contract; shape

Item 545- In order for the legacy contract to be valid, it must be arranged as an official will.

The parties to the contract shall communicate their wishes to the official officer at the same time and sign the contract in front of the officer and two witnesses.

Elimination; in Sağlarara; By contract or testament

Item 546- The contract of inheritance may be eliminated at any time by written agreement of the parties.

If it is found out that the person who is appointed as an heir with the inheritance agreement or who is left to certain property, behaves as a reason to be removed from the inheritance after the inheritance agreement is made against the inheritor; inheritance can unilaterally abolish the inheritance contract.

Unilateral removal is done in one of the forms prescribed by law for wills.

Through the contract

Item 547- In accordance with the inheritance agreement, the party that has the right to demand the right of intercourse may return from the contract in accordance with the rules of obligations law if these acts are not fulfilled or secured in accordance with the contract.

Don’t die before the moment

Item 548- The inheritance contract is automatically terminated if the heir appointed or the person to whom he was given certain property is not present in the death of the inheritor.

The heirs of the deceased before the inheritance, unless otherwise agreed, may request back from the death toll from the death savings to the enrichment at the date of death obtained under the inheritance contract.

Narrowing of the saving part

Item 549- Death-related gains made by an inheritance contract or a will are not null and void due to the subsequent narrowing of the portion of the inheritance that can be saved; can only be criticized.

FIVE – IMPLEMENTATION OFFICER

appointment; Assignment and driving license

Item 550- The inheritor may appoint one or more willers with the will.

The duty-taker must have a verbal capacity at the time of his appointment.

This duty shall be notified by the magistrate of the will to the fulfillment officer; the notification shall be deemed to have been accepted if the judge not be notified within fifteen days of the notification date.

The will may require an appropriate fee for the service of the fulfillment officer.

Multiple testament staff

Item 551- If more than one will be assigned, the executives shall carry out the task together, unless otherwise agreed upon by the savings or the nature of the work.

If one of them does not accept or cannot accept the task, or if for any reason the task is terminated, others will continue to function unless the discretion of the inheritance is otherwise understood.

Even if more than one testator is appointed to act together, each of them can take the necessary actions in a hurry.

Duties and powers; generally

Item 552- Unless the beneficiary has foreseen otherwise in his possession or given a limited duty, the will of the performer shall be assigned and authorized to perform all the procedures necessary for the fulfillment of the last wishes of the inheritance.

The fulfillment officer of the will, in particular;

1. After the start of the task without delay, the goods, rights and debts regulates the list. If possible, heirs are available when editing the list.
2. He directs the trade and demands the transfer of the possessions to the extent that the management requires.
3. Tereke collects his receivables, pays his debts.
4. It fulfills the wills.
5. Prepare the plan for the sharing of Tereken.
6. Represents the inheritance partnership in the case of Tereke. He can participate as a civil servant in the cases brought by heirs.
7. It shall inform the heirs with the lawsuits filed or opened against him.

Save on Tereke goods

Item 553- Unless the offender has committed himself, the transfer of the goods, including the landowner, by the landlord, or the establishment of limited real rights on them depends on the authorization of the magistrate. The judge shall decide after hearing the heirs if there is an opportunity. There is no need to obtain authorization for savings to meet the usual costs.

Termination of the mission

Item 554- The duty of the fulfillment officer shall terminate spontaneously if there is a reason that invalidates his death or his appointment.

The duty-taker may leave the post with a statement to the peace judge. The task cannot be left in an improper time.

inspection

Item 555- The duty-taker shall be subject to the control of the magistrate in the performance of his / her duty.

The judge takes the necessary measures upon complaint or ex officio.

If the offender is insufficient, misconduct, or gross negligence is detected, the peace judge shall be terminated. Against this decision can be appealed to the court of first instance within fifteen days. The decision on the objection is final.

responsibility

Item 556- The duty-taker shall be obliged to exercise due diligence; is responsible as a proxy against those concerned.

ALTINCI AYIRIM – DEATH SAVED SAVINGS CANCELLATION AND TENKİSİ

Cancellation; Causes

Item 557- The following can be sued for the cancellation of a death-related saving:

1. If the savings are made at a time when the savings permit is not available,
2. If it is a result of saving and error, deception, intimidation or coercion,
3. If the contents of the savings, the conditions to which they are linked or the charges are contrary to law or morality,
4. Savings are made without complying with the prescribed figures in the law.

The right to the case

Item 558- Cancellation proceedings can be opened by the heir or testator who has an interest in canceling the savings.

The case may relate to the cancellation of all or part of the death savings.

If the cancellation case is based on the injury caused by participation in the savings of those who are given to their spouses or their relatives, with death-related savings, only these gains will be canceled, not the entire savings.  

Deserving times

Item 559- The right to file a cancellation is reduced by ten years from the date of the inheritance date to the other defendants, to ten years against the non-benevolent defendants, from the date of the inheritance date in other savings, starting from the date on which the claimant is saving, the reason for the cancellation and the date on which he is entitled.

Invalidity can always be asserted by way of defense.

Tenkis case; Terms & conditions; generally

Item 560- The heirs who cannot get the return of their shares, can sue the criticism of their savings exceeding the portion that can be saved.

Regarding the share of legal heirs, the rules in the savings shall be deemed to be the only rules of allocation, unless it is understood from the savings that the desire of the inheritance is otherwise.

Savings in favor of heirs with hidden shares

Item 561- The part of the savings which exceeds the saving portion of the savings which are made with the savings of the savings to the owners of the shareholders shall be subject to proportional criticism. In the event that there are savings related to more than one death subject to criticism, the amount of the share made by the shareholder who is the shareholder of the stockholder who is the shareholder of the shareholder and the persons who are not the shareholders of the shareholder are criticized proportionally.

The rights of the inheritor’s creditors

Item 562- If the heir, exceeding the portion of the savings, the owner of the bankruptcy case, the bankruptcy case or the bankruptcy case of the bankruptcy of the bankruptcy in the case of the bankruptcy of the bankruptcy in the hands of the creditors in the event that they do not open the case, the bankruptcy case does not open the bankruptcy, or the creditors, the amount required to obtain the receivables and the heir they can open a case of tenkis.

The bankruptcy administration or the creditors may also initiate a lawsuit with the same conditions if they do not object to the deduction savings.

Rulings; generally

Item 563- Tenkis, proportional to the wishes of the inheritance of the inheritance of the other is understood in terms of savings, through the appointment of an heir or other death-related savings are made in proportion to all of the gains.

If the person who earns with the savings of death is obliged to fulfill some wills, in case that the gain is subject to criticism, this person can ask that the testament debts be criticized at the same rate unless it is understood from the savings that the desire of the inheritance is otherwise.

Non-divorce

Item 564- Without a reduction in the value of a certain commodity that is not possible to be subject to the test will be subject to the testament, the testor will pay the value of the required part of the goods, if desired, the value of the money that can be saved, if desired, may request the money.

In case the property subject to the saving remains in the test taker, it is decided that the value of the part of the saving which is to be given to the test taker due to criticism, otherwise in the saving rate, is paid in money.

These rules are also applied to the critique of inter-entanglement.

Interference; Terms of submission

Item 565- The following unrequited winnings are subject to criticism such as death-related savings:

1. Gains made by the legator as a deduction for the share of inheritance to the legal heir who lost his title of heir, gains made by transferring assets to his descendants or recovering from debt provided that it is not returned, or dowry and foundation capital given out of the ordinary,
2. Gains made for the purpose of liquidation of inheritance rights before death,
3. The donations made by the inheritance except the gifts given in the same year,
4. It is clear that the winnings are made in order to render the rules of the hidden share ineffective.

Repayment debt

Item 566- If anyone who has been given a reverberation is good, he / she is only obliged to give back the remainder of the inheritance; If it is not in good faith, it is responsible according to the provisions regarding non-repayment zilyedin return debt.

Anyone who is subject to a courtesy obtained by the contract of inheritance may request that he be given back the inheritance amount for this win.

Life insurance

Item 567- In cases where the legator makes life insurance in favor of the third party to be paid at his/her own death, or identifies such a person as beneficiary later, or transfers the right of claim against the insurer to a third party without compensation through interpersonal or testamentary disposition, the purchase value of the insurance receivable at the time of the decedent’s death is subject to criticism.

In terms of usufruct or irat

Item 568- If the inheritor gives the usufruct right or the debt of the employee and his / her tenure exceeding the savingsable portion, if they are converted to the capital according to the estimated continuation periods, their heirs may ask for the removal of this obligation by giving the right or saving portion of usufruct right or debt.

In terms of artmirasci

Item 569- The heir who is subject to the obligation to pass the inheritance to the artmirasian may request the criticism of the exceeding part.

row in tennis

Item 570- Tenkis, from the death-related savings, until the reserved share is completed; if this is not enough, the most recent history is made from inter-entrenched recoveries to go back to the oldest.

Death-related savings and inter-life savings in public legal entities and publicly-held associations and foundations are most recently criticized.

Deserving times

Item 571- The right to open a Tenkis case falls from ten years after the date of the opening of the testament for a year and in any case, starting from the date when the heirs of the heirs are learned.

If the cancellation of a saving enters into force of the previous one, the periods shall commence on the date of cancellation.

The claim of Tenkis can always be claimed through def.

YEDİNCİ AYIRIM – HERITAGE AGREEMENT NATURAL CASES

Inheritance in the health of the goods

Item 572- If the inheritor assigns all his or her property to the heir appointed by his / her inheritance contract, he / she may request to hold the official book.

If the inheritor has not handed over all of his assets, or after transferring all new goods; the inheritance contract covers only the goods that have been transferred to health, unless they contain a rule.

If there is no other rule in the inheritance contract, in case the inheritance transfer the assets in the health of the inheritance, the rights and debts arising from the inheritance contract pass to the heirs of the assigned heir.

In case of waiver of inheritance; tenkism

Item 573- Inheritance, inheritance of the inheritance to the heir, in the health of the share of surety in the health of the act has been found; other heirs may demand criticism. In this case, the amount of the waiver exceeding the mere share of the waiver is subject to criticism.

The deduction of the values ​​of the acts is done according to the rules of equalization to the inheritance.

Give back

Item 574- If the waiver is obliged to return a property or other value to the Terek due to criticism; if he wishes, he will return the value subject to criticism, and if he wishes, he will participate in sharing as if he had not given up back to the estate by giving back all of what he had received.

🔒 PART TWO – LEGACY OF HERITAGE

Part One – Opening the Legacy

Opening and evaluation moment

Item 575- Inheritance opens with the death of the inheritance. The winnings and the shares related to the inheritance in the health of the inheritance will be evaluated according to the state of the estate at the time of death.

Place of opening and competent court

Item 576- Inheritance opens for the entire property of the inheritance.

The cancellation or criticism of the savings of the inheritance, the distribution of the inheritance and the claims of inheritance due to inheritance are seen in this settlement court.

Provisions of opening; Mirasa driving license; Right to license

Item 577- According to this Law, everyone may be an heir but not a heir.

A community without a legal personality is acquired for a specific purpose, provided that the persons within that community have achieved this aim, determined by the inheritance; if it is not possible to realize the purpose in this way, the granting will be considered as foundation.

Lack of inheritance; Causes

Item 578- The people below may not be heirs; they cannot acquire any right with death savings:

1. Who intentionally or unlawfully killed or attempted to kill,
2. Those who have made the rightful and unlawful deaths in a way that cannot make any savings due to death
3. The ones who prevent and prevent the death of the inheritance from death or return from such savings,
4. Those who deliberately and unlawfully eliminate or disrupt a death-related saving in a situation and time when the inheritance can no longer be rebuilt.

The deprivation of the inheritance is eliminated with the forgiveness of the inheritance.

Altsoya effect

Item 579- Lack of inheritance affects only the deprived.

The person who died before the inheritance, the heir of the deceased before the inheritance becomes the heir.

Being alive; As heir

Item 580- In order to be heirs, it is imperative to be alive as a legacy to the legacy at the time of the death of the inheritance.

If the heir who was born right after the inheritance was opened, his right to inheritance was left to his heirs.

In the will of the will

Item 581- In order to be a creditor, it is imperative to be alive as a legacy to the inheritance.

If the creditor of the will died before the inheritance, the obligation to fulfill the will disappears for the benefit of the testator, unless otherwise understood from the disposition.

Fetus

Item 582- Cenin becomes the heir on the condition of being born alive.

A dead child cannot be an heir.

Child born in the future

Item 583- A person who has not yet existed at the moment of the opening of the inheritance can be left to be an artmirist or articulate creditor.

If he was not appointed by Mirasbırakan, the legal heir is deemed to be a preliminary ruler.

disappearance; Legacy of Gaib; Delivery in return for assurance

Item 584- Persons who are entitled to inheritance or inheritance of a person who has been declared guilty must give assurances that they will return those goods to the superior rights holders who may appear in the future before they are delivered to them.

This guarantee is shown for a period of five years in the event of a loss in the danger of death, a period of fifteen years without notice in the event of a long period of time and, in any case, the period until the date of arrival of the maximum of one hundred years.

Five years, from the delivery of goods; fifteen years, calculated from the latest news date.

Give back

Item 585- Those who claim that Gaip or the ones claiming to have superior rights can prove their adjectives. Those who have received the goods are obliged to return the goods according to the rules of possession.

The obligations of good people to give back to the superior right holders are subject to the statute of limitation for the cause of the retirement due to inheritance.

Gaibe falling heritage

Item 586- The inheritance share of the heir who is not in the middle and cannot be proved to be right at the moment when the heritage is opened is officially managed.

In the absence of those who are not in the moment when the inheritance is opened, those who will be left to their share of inheritance may demand the decision of that person to be determined and the share of the inheritance to them by adhering to the periods and procedures related to the law.

The delivery of the share of inheritance is subject to the rules for the delivery of the inheritance of the person whose decision has been decided.

Being both an inheritor and an inheritor

Item 587- If the inheritors of Gaib have received an inheritance after receiving the goods, the inheritance of the inheritance will be left to them due to the inheritance, and they may request the delivery of this inheritance without having to take a verdict.

The inheritance of the gaib may also be based on the gaipity decision of those who surrendered the inheritance.

Prompt of the Treasury

Item 588- If a person’s right to the right or the inheritance of a person unknown is ruled for a decade, or if the assets of the ruler is to be over a hundred years old, then it is decided upon the request of the Treasury.

If there is no right holder in the period of notice required to make a decision, the legacy of the gaib shall pass to the State unless otherwise stated.

The State is obliged to give back to the gaibe or to the superior right holders, just as those who surrender the legacy of the gaib.

Part Two – Consequences of Passing Legacy

FIRST DECEMBER – PROTECTION MEASURES

generally

Item 589- The settlement judge of the inheritance takes all necessary measures to protect the property of the estate and pass it to the rightful owners upon request or ex officio.

These measures relate in particular to the writing of property and rights in the territory specified in the law, to the stamping of the land, to the formal administration of the land and the opening of the will.

The expenses relating to the measures were taken by the applicant for future collection; Prevention is covered by the State in cases where the judge decides ex officio.

If the Mirasbırakan died somewhere other than the settlement, the magistrate of that place shall inform the judge of the settlement of the settlement without delay and take the necessary measures for the protection of the property of the inheritance at the place of death of the inheritance and send the relevant file and will to the settlement judge of the settlement.

Bookkeeping

Item 590- In case of any of the following reasons, the magistrate decides to keep the book of the estate:

1. If there is anyone who has been taken under guardianship or has to be taken,
2. If one of the heirs has not been found for a long time and there is no representative,
3. If one of the heirs or the concerned person requests within one month of the date of death,

Bookkeeping process is completed without delay.

Sealing

Item 591- Sealed goods are sealed. Proper protection measures are taken for non-sealed goods. Sealing can also be done before writing.

When the Tereke is sealed, the necessary items for the needs of the residents are determined by a minute and left to them as the reliable person; The parts of the immovable, which are mandatory for their occupation, are excluded from sealing.

Sealing on the request of creditors is limited to the amount guaranteed. If the creditor is assured, no sealing shall be carried out and removed.

Official management of Tereken; generally

Item 592- In the following cases, the magistrate decides to officially manage the heritage ex officio:

1. If one of the heirs has not been found for a long time and if the representative does not,
2. If none of those who claim to be the rightful owner of the inheritance cannot prove the status of the inheritance sufficiently, or if there is an inheritor,
3. If all of the heirs are unknown,
4. If specifically envisaged in the law.

If the assignee assigns the officer who fulfills the will to be authorized on the whole of the estate, the management of the estate is given to him unless there is a significant obstacle.

If the inheritance was under custody or guardianship; The guardian or guardian shall be appointed with the management of the landfill unless there is an objection.

The Magistrate decides on the payment of an appropriate remuneration to be provided to the person who is appointed to the administration of the land.

Duty, representation and responsibility

Item 593- The magistrate of the magistrate who has officially ruled the administration or the person appointed by his administration is responsible for managing carefully such as a good manager, so as not to cause the loss of the rights of the right holders until the reasons for his administration are eliminated or divided, and in particular to observe the following works:

1. If not yet done, the writing of the estate,
2. Taking necessary protective measures,
3. The sale of the goods in the landfill if it falls in accordance with the interests of heirs or the requirements of good management,
4. Collection of receivables and payment of debts,
5. The fulfillment of the testament, which is understood to be not damaging the legal rights of the heirs, by the permission of the magistrate and with the approval of the judge.
6. The deposit of the money belonging to the Terek shall be deposited in a bank specified in the statute or the government bonds shall be taken with these funds and the investments without sufficient assurance shall be converted into secure investments,
7. If there is a business, manufacturing or other business in the facility, they should be maintained as is; taking the necessary measures for liquidation if there is no benefit.

Tereke is the representative of the inheritance in the matters that are put into service, represents the partnership in the lawsuits filed and the execution proceedings against the partnership, and is authorized to make proceedings on behalf of the partnership, follow-up proceedings on behalf of the partnership, and waiver, accept, accept and arbitrate; denounces cases and follow-ups to heirs.

As regards the official management of the Tereke, the provisions of the voucher shall apply to the acts of the magistrate and the administrator on the basis of their qualifications.

Ignorance of heirs

Item 594- If the heir of the inheritance is not known, or if all of the heirs are not known, the peace judge shall announce the rights holders twice with the appropriate means and with a period of one month and then declare the rights holders at least within a year at the latest.

 If no one has applied during the announcement and if the magistrate has not been able to identify any heirs, the inheritance will be transferred to the State without prejudice to the lawsuit.

Procedures related to will; Delivery task and measures to be taken

Item 595- After the death of the inheritance of the inheritance of the testament obtained, regardless of whether the validity of the judge must be delivered immediately.

Anyone who hides or holds the will or the one who hides it or inherits it under the will of the deceased, or finds it among the goods of the deceased, is obliged to fulfill the duty of submission as soon as he learns of his death; otherwise it is responsible for the damages that may arise.

The magistrate shall immediately examine the will submitted and shall take the necessary safeguards; If possible, he / she shall decide to temporarily deliver or formally manage the estate to the legal heirs by listening to the persons concerned.

Opening the will

Item 596- The testament shall be opened by the magistrate’s judge and shall be read to the concerned persons, regardless of whether it is valid or not.

Known heirs and other interested parties are called upon to be present during the opening of the will.

The same procedures are made for the later wills of the inheritance.

Notification to those concerned

Item 597- An approved copy of the parts of the testament pertaining to them shall be notified by the judge, with the expense of each of those who are entitled to inheritance.

The parts of the will that are not known where they are are communicated by way of announcement.

Certificate of inheritance

Item 598- Those who are determined to be legal inheritors upon their application are given a document showing their inheritance by the court of peace or by the notary.

Unless an objection has been filed within a month of being notified within a month of being notified within a month of the notification of the heir to the inheritance of the heir or the will, he or she shall be given a document indicating that the beneficiary shall be the heir of the heir appointed by the court of peace.

Invalidity of the certificate of inheritance can always be asserted.

The right to a lawsuit regarding the annulment of death due to death is reserved.

SECOND AYIRIM – GAIN OF THE HERITAGE

Win; By Heirs

Item 599- The heirs earn the inheritance and inheritance as a whole by law.

Without prejudice to the statutory provisions provided for in the law, the heirs shall directly acquire the inheritance rights, claims, other assets of the inheritance, the immovable property on the movable and immovable property and shall be personally responsible for the debts of the inheritor.

Assigned heirs win with the legacy of the inheritance of the inheritance. The legal heirs are obliged to hand over the inherited legacy to the assigned heirs in accordance with the provisions of their possession.

Testament by creditors; Request

Item 600- If the creditor of the will, the worker who fulfills the will of the testament to him; otherwise, they shall have the right to a personal request against legal or assigned heirs.

This receivable will be due to the fact that the testament accepts the legacy or if the right of rejection falls.

The will of the will, against the testament does not fulfill the obligation of the delivery of the will or the transfer of the rights of the will; If the behavior is a behavior, it can sue the damage caused by failure to fulfill.

Exceptions

Item 601- A right of usufruct or a right of repentance, or any other act of repeating it at regular intervals, shall be subject to the rules of the law of goods and obligations, unless another principle is foreseen in the savings.

Anyone who has been required to receive an insurance to be paid at the time of death shall be entitled to use the right of claim arising from the insurance contract directly against the insurer.

Time out

Item 602- The right to claim the right of the testator, the right to learn to bring the death or testament will be due later, if the due date is due to be ten years from the date of due to be expired.

Status of creditors

Item 603- The rights of the creditors of the inheritance of the inheritance, the rights of the will creditors, the rights of the willers of the will come before the rights of the creditors of the heirs.

The creditors of the heirs with the inheritance of the heirs who accept unconditionally shall have the same rights.

Tenkis and request back

Item 604- If the heirs pay the debts of the inheritance of the inheritance after fulfilling the obligation of testament, they have the right to demand back the amount given by the testator to the extent that they can ask for the criticism of the will.

The will creditor can only be held responsible for the extent to which it is enriched at the time of the request for reclaim.

Right; Declaration of refusal; The right to refuse

Item 605-Legal and assigned heirs may reject the legacy.

If the indemnity is clearly or officially determined by the payment of the inheritance in the date of death, the inheritance shall be deemed rejected.

Süre; generally

Item 606- The inheritance may be rejected within three months.

This period, he learned that he learned to be the heir of the inheritance unless proven later that they are heirs for the legal heirs; for the heirs assigned by the will, the inheritance shall begin to operate from the date when the savings are declared to them.

Writing the genre

Item 607- In the case of the writing of the estate as a protection measure, the period of rejection begins with the notification by the magistrate that the writing process for legal and assigned heirs is over.

The right of refusal

Item 608- The heir of the inheritor who dies without rejecting the inheritance passes to his heirs.

The period of refusal for these heirs starts from the date when they learned that the inheritance was passed on to them. However, this period does not end until the time for the heir of the inheritance of the inheritance of their inheritance expires.

If the inheritance passes to the non-heirs before the retreat; the period of refusal for them begins to operate from the date when they learned that the inheritance was rejected by their previous heirs.

Rejected shape

Item 609- The refusal of the inheritance shall be made by the heirs to the court of peace in verbal or written form.

Reject must be indifferent and unconditional.

The magistrate determines the verbal or written declaration of refusal with a minute.

The declaration of refusal made within the term shall be written to the private register of the place where the inheritance was opened and a document indicating a refusal shall be given to the referee who rejects it.

How to keep the minutes and the bills is regulated by the regulation.

The right of rejection

Item 610- The heir who does not reject the legacy within the legal period shall be unconditionally won the legacy.

The heir who has been involved in the transactions as an heir before the end of the retirement period, who is not the usual management of the estate or who is doing the works necessary for carrying out the works of the inheritance, or who hides or hides property, cannot refuse the inheritance.

In order to prevent the expiration of the statute of limitation or the time limitation, prosecution and enforcement proceedings shall not eliminate the right of refusal.

Rejection by one of the heirs

Item 611- If one of the legal heirs rejects the inheritance, its share passes to the rightful owners as if the inheritance was not opened.

The share of the assigned heir who rejects the legacy is left to the nearest legal heirs of the inheritance, unless it is understood that the desire of the inheritance from the death-dependent savings is otherwise.

Rejection by all of the nearest heirs; generally

Item 612- The inheritance, which is rejected by all of the closest legal heirs, shall be liquidated by the magistrates’ court in accordance with the bankruptcy provisions.

The remaining values ​​at the end of the liquidation are given to the right holders as if they have not rejected the legacy.

The inheritance to the surviving spouse

Item 613- In case the referee rejects the legacy of the whole, their share passes to the surviving spouse.

After the rejection of the benefit to the heirs

Item 614- The heirs can request the inheritors from the inheritance before they refuse the inheritance of the inheritance.

In this case, the rejection shall be notified to the heirs later by the magistrate; if they do not accept the legacy within a month, they are considered to have refused.

On the other hand, the inheritance is liquidated according to the bankruptcy provisions and the remaining values ​​at the end of the liquidation are given to the previous heirs.

Extension of retention period

Item 615- In the presence of significant reasons, the magistrate may extend the period of refusal granted to the legal and appointed heirs or grant a new period.

Refusal of testament

Item 616- In the event that the will of the will denies the will, the beneficiary of the refusal shall benefit from the refusal of the inheritance of the other.

Protection of creditors of heirs

Item 617- If the heir who is not able to repay his assets refuses the inheritance in order to damage his creditors; The creditors or the bankruptcy administration can file a claim against the cancellation of the rejection within six months of the date of the rejection, unless they are given sufficient assurance.

If the cancellation of the refusal is decided, the inheritance is officially liquidated.

In this way, if the share of the inheritor who rejects the inherited heritage falls into the share of the creditors, then the creditors of the objectors and then the other creditors are paid. The remaining values ​​are given to the heirs who will benefit from this if the refusal is valid.

Liability in case of refusal

Item 618- The heirs who reject the inheritance of an inheritance without payment shall be liable in value to the creditors of their creditors, which they have taken from it within the five years preceding their death and are obliged to give back in sharing the inheritance.

The dowry, which is given by ordinary education and learning expenses, is outside this responsibility.

Good heirs are only responsible to the extent of their enrichment at the time of return.

THIRD PARTY – OFFICIAL RESERVATION

Terms & conditions

Item 619- Any heir who has the right to refuse the inheritance may request the retention of the official book.

Bookkeeping is requested from the magistrate within one month following the procedure for rejecting the inheritance.

The request of one of the heirs to hold books is also effective for others. 

Method; Posting

Item 620- The official book is issued by the court of peace; the assets and liabilities of the assets are written with their appraised values.

Anyone who has information about the financial situation of the inheritance is obliged to provide the information requested by the court of peace. Those who do not give information without a right reason or who give incorrect or incomplete information are obliged to compensate the damages to the heirs, wills and third parties.

The heirs are obliged to inform the peace court, in particular, of their debts known to them.

How to keep the official book is regulated by the regulation.

Call by announcement

Item 621- The Magistrates’ Court shall call the creditors of the inheritance and their debtors within a certain period of time and call them to announce their debts by means of a notice to be made twice a month. The call shall include the creditor and the debtor due to surety.

The creditors’ attention is drawn to the results of notifying the announcement.

The notification period is at least one month starting from the second announcement.

Direct posting

Item 622- Receivables and debts that are understood from the official records or the documents of the inheritance shall be passed directly to the book.

They are notified to creditors and borrowers.

End of keeping books

Item 623- With the expiry of the period specified in the announcement, the bookkeeping shall cease and the notebook shall be examined by the concerned persons within at least one month from the date it is determined.

Bookkeeping expenses are paid from the stock. If the expenses cannot be paid from the stock, they are taken from the heirs who have asked for the book to be kept.

Status of heirs during bookkeeping; ACADEMIC AUTHORITIES

Item 624- During the bookkeeping period only mandatory management work can be done.

The inheritance that is left to him by the magistrates’ court to execute the works of the inheritor may require other heirs to show assurance.

Enforcement proceedings, lawsuit and statute of limitations

Item 625- As long as the official bookkeeping continues, enforcement proceedings cannot be made for the debts of the inheritance.

The timeout does not work within this time.

Except in urgent cases, lawsuits cannot be continued and new lawsuits cannot be filed.

Results; Beyana call

Item 626- After the timeline review period is over, each heir is invited to make a statement to the court within one month.

If the circumstances require, the magistrates’ court may give an additional period for new appraisals, settlement of disputes and similar situations.

Declaration

Item 627- Each of the heirs may declare that he has rejected the legacy within the recognized period or requested an official liquidation, or accepted it in the book or unconditionally.

The heir who has not made any declaration in his / her time shall be deemed to have accepted the inheritance according to the kept book.

Results of acceptance according to the official book; Responsibility for the entries

Item 628- According to the official book, the inheritance inheritance is passed to the heir only with the debts written in the book.

In this way, the passing of the heritage, starting from the date of the legacy of the legacy.

The heir is responsible for both the assets of the inheritance and the assets of the inheritance.

Liability for those not listed

Item 629- As to the creditors who do not have their receivables written in due time, the heir is not responsible for his personal property; can not be held responsible for the goods passed by him.

However, the heir will remain accountable to the extent that the creditor cannot print to the register without notice, or that the heir will be enriched.

Claims can be secured by the creditors, even if their creditors are not registered.

Liability for bail liabilities

Item 630- The debts of the inheritance shall be written in a separate place in the book and the heirs shall be liable only if they were to be dismissed from the debts due to the bail due to the bail, even if the heirs have accepted the legacy as unconditional and unconditional.

Inheritance to the State

Item 631- In the event that the inheritance passes to the State, the magistrate will officially issue the official notebook of the estate in accordance with the above procedures.

The State is solely responsible for the amounts it receives from the debt owed.

FOURTH – OFFICIAL RECEPTION

Terms & conditions; With the request of the heirs

Item 632- Each heir may request the formal liquidation of the landowner at the place of acceptance or rejection of the legacy.

This request is not taken into account if one of the heirs of the heir accepts the legacy.

In the case of official liquidation, heirs are not responsible for the debts of the landowner.

With the request of the creditors

Item 633- The creditors who doubt the credible reasons because they cannot obtain the receivables of the inheritance can request the official liquidation of the land within three months starting from the death of the inheritance or the will of the inheritance, if they are not paid or not assured.

In the presence of the same conditions, the willers of the will can also take the necessary measures to protect their rights.

Method; ACADEMIC AUTHORITIES

Item 634- The official liquidation shall be carried out by the court of peace or by one or more liquidators to be appointed.

The official liquidation is started with the issuance of the book of the estate and at the same time, the creditors and the borrowers of the inheritance notice are asked to report their receivables and debts within the specified period.

If the official book of Tereken was previously arranged, the official liquidation is made according to this book.

The liquidator carries out his / her duties related to his / her duties under the supervision and control of the court of peace. The creditors of the heirs and the beneficiaries may file a written complaint within seven days, starting from the date on which they learned it, due to the procedures carried out or designed by the liquidator.

Liquidation with ordinary procedures

Item 635- The formal liquidation includes the completion of the works of the inheritance, the fulfillment of the debts, the collection of the receivables, the fulfillment of the obligations of the testament to the possibility of the estate, the determination of the rights and debts of the inheritance and the debts of the inheritance and the conversion of the goods into the money.

The liquidator is obliged to provide information to the heirs on the case, follow-up and administrative proceedings related to the contract.

Immovables in Tereken are sold through auction or bargaining upon the acceptance of all heirs.

The heirs may request that, in the course of the liquidation process, the assets and money which are not necessary for liquidation are given to them in whole or in part.

Liquidation by bankruptcy

Item 636- Liquidation of the estate which is not able to pay the current debts is made by the peace court according to the bankruptcy provisions.

FIVE – THE EMPLOYMENT IN THE EMPLOYMENT

Terms & conditions

Item 637- A legal or designated heir may file a claim for inheritance by claiming his superior right to inheritance against anyone holding the land or property.

In this case, the judge resolves the disputes related to his capacity as an heir.

The judge shall take all necessary measures to protect the right on the plaintiff’s request, such as the assurance of the defendant or the issuance of annotations to the land registry.  

Rulings

Item 638- In case of acceptance of the rationale due to inheritance, the goods included in the contract or the order shall be granted in accordance with the provisions of the plaintiff.

In the case of inheritance due to inheritance, the defendant cannot argue that he earned the estate through statute of limitations.

Time out

Item 639-  Due to inheritance, the trial of prosecution undergoes ten years from the date on which the plaintiff has learned that he is an heir and that the defender is the landowner or the merchant.

The limitation period against those who are not good is twenty years.

Part Three – Sharing the Heritage

FIRST DECEMBER – HERITAGE BEFORE SHARING PARTNERSHIP

Result of inheritance; Heritage partnership

Item 640- In the case of more than one heir, a partnership between the heirs, which includes all the rights and debts in the estate, takes place until the passing of the inheritance.

The heirs shall jointly retain the landowner and, together with the representation or management authority arising out of the contract or law, save together on the rights of the landowner.

Upon the request of one of the heirs, the magistrates’ court may appoint a representative until the share of the inheritance.

Each heir may request protection of rights in the estate. All of the heirs from the protection provided benefit.

If an heir is incapable of paying, upon the opening of the inheritance, other heirs may ask the court of peace to take the necessary measures to protect their rights without delay.

Responsibility of heirs

Item 641- The heirs are jointly responsible for their debts.

The amount of compensation to live with the parents and grandparents and grandparents, and to the grandchildren of the adult children and their families, shall be deemed as the liability of the employer, provided that the contractor is not liable to pay debt.

The right to request to share

Item 642- Each of the heirs may at any time require the inheritance to be shared unless it is obliged to maintain a partnership in accordance with the contract or law. 

Each heir may ask the magistrate’s court to decide on the distribution of certain goods on the property, if not possible, through sale. On the request of one of the heirs, the judge shall share the entire estate and each of the goods in the repayment and, if possible, dispose of all of the immovable property by giving to an heir. The difference between the values ​​of the immovables given to the heirs is eliminated by paying the money and equalization is achieved between the shares of the inheritance.

If the share is to be reduced immediately, the value of the commodity or landowner will be significantly reduced; The magistrate may decide to postpone the sharing of this property or the landowner upon the request of one of his heirs.

Postponement due to fetal

Item 643- At the time of the opening of the inheritance, if there is a fetus that can be an heir, the sharing is postponed until the birth.

If they are in need, they can ask the survivor to provide the living expenses until delivery.

Converting ownership of ownership to shared ownership

Item 644- If an heir asks for the conversion of ownership of ownership on all or part of the goods to the shareholder, then the magistrate invites him / her to submit any objections, if any, within the time period to be determined by calling other heirs.

In the event that no objection has been put forward to justify the continuation of the ownership of the Union, or if one of the heirs does not initiate a lawsuit for sharing within the specified period, it is decided to convert the ownership of the ownership of the claim on the property to the share ownership.

The above provisions shall also apply to the division of other rights and receivables, including the share of shares, into shares.

The right of the people living together

Item 645- Persons who live with him and are cared for by the deceased during his death may require from the date of death three months’ maintenance and living expenses to be provided from the estate.

SECOND AYIRIM – HOW TO MAKE SHARE

generally

Item 646- Legal heirs share the inheritance according to the same rules with the assigned heirs.

Unless otherwise arranged, heirs freely decide how to share.

The heirs, which are in possession of or are owed to Tereke goods, are obliged to provide complete information on this issue during the sharing.

Sharing rules ; Savings of inheritance

Item 647- The inheritor can set rules on how to share and how to create shares with his death-related savings.

These rules are binding for the heirs, provided that the opportunity to equalize the shares in an inequality that is not meant by the inheritance.

Unless otherwise understood from the savings it desires, the inheritance of the inheritance to the heir of an estate to the inheritance, a will is not only the rule of allocation is considered.

Participating in sharing

Item 648- The creditor who has taken over the share of an heir in the opened legacy, or who has made a hijab or who is incapable of paying the debt taken against the heir in his possession, may ask the magistrate to appoint a trustee to participate in sharing instead of this heir.

Realization of the share; Equality of heirs

Item 649- Unless there is a provision to the contrary in the law, heirs have equal rights over all the properties of the estate in sharing.

The heirs are obliged to give each other all the information that must be considered in order to ensure that the sharing between the inheritance and the relations with the inheritance shall be equal to the equality and justice.

Each of the heirs may require that the debts of the payer be paid or secured before sharing.

Creation of shares

Item 650- The heirs constitute a share of the number of heirs or common roots of the goods.

Without a settlement, each of the heirs may request the creation of shares from the court of peace. In forming the shares, the judge considers the local customs, the personal status of the heirs and the desire of the majority.

The privatization of shares is made in accordance with the agreement of the heirs. If this is not possible, he is drawn to the exchange rate.

privatization or sale of certain goods

Item 651- Tereke goods, which cannot be divided without significant reduction in value, are allotted to one of the heirs as a whole.

If the heirs cannot agree on the division or dissemination of a merchant, the goods are sold and the price is divided.

If one of the heirs requests, sales are made through increment. If the heirs cannot agree on the manner of increase, the magistrate decides that the increase be made between the heirs or open to all.

Family residence and household goods to the surviving spouse

Item 652- In the case of death of one of the spouses of the goods of household goods or if the spouses live together; survivor the spouse may request that the property rights be granted to them on the right to inherit.

If there are justifiable reasons, it may be decided upon the request of one of the surviving spouses or the other legal heir of the inheritance of the inheritance to grant the right of usufruct or residence.

In cases where the inheritance is exercising a profession or art, and in the departments required by one of its members to perform the same profession and art, the surviving spouse cannot use these rights. The provisions of the inheritance law for agricultural immovables are reserved.

Goods with features; Integrity or family documents and articles with special memories

Item 653- If one of the heirs is opposed, the goods which constitute a totality cannot be separated.

Family documents and the family with the special moment value for the property, can not be sold if one of the inheritors opposes. If there is disagreement between the heirs, the magistrate decides that this property is to be deducted or sold to one of the heirs by not paying local customs, customs or personal circumstances.

The provisions of special law are reserved.

Receivables of inheritance from heirs

Item 654- The inheritance of the inheritance will be deducted from the share of the heir during the sharing.

Pledged estates

Item 655-  The heir who has pledged for the debts of the person who left him the inheritance to the estate, inherited the goods, he took the debt secured by the goods.

immovables; Division

Item 656- The provisions of the law on the division of immovables are reserved.

the dynamic manner; Value based on liberation

Item 657- The immovable properties are based on their actual values ​​at the time of the share.

Agricultural immovable properties are based on the income value and other immovable property values.

Determination of value

Item 658- If the heirs cannot agree on the value of the speculation, this value is determined by the magistrate.

Agricultural enterprises; Exclusion from sharing; Terms & conditions

Item 659- Abolished

Carriage of specificity

Item 660- Abolished

What heir to be made to the inheritor

Item 661- Abolished

Arrangement with death-dependent savings

Item 662- Abolished

Immature heirs

Item 663- Abolished

Family property partnership; Right to request

Item 664- Abolished

Termination of partnership

Item 665- Abolished

The share of the other heirs with the inheritance of the inheritor

Item 666- Abolished

Side industry

Item 667- Abolished

Sale of business

Item 668- Abolished

THIRD PARTY – STABILITY

Among heirs

Item 669- The legal heirs are liable to each other for giving back to the landowner to ensure the equalization that they obtain from the inheritance shares of their inherited shares.

The granting of the inheritance or establishment capital of the inheritance or the transfer of a property or recovery from debt and the like without any response, such as the equivalent, shall be subject to equalization unless expressly stated otherwise by the inheritor.

In the case of loss of hereditary status

Item 670- The obligation of repayment of the heir who lost the title of heir before or after the opening of the inheritance, shall pass to the heirs taking his place at the rate of increase in the share of inheritance.

Equalization; Return or deduction

Item 671- The heir, who is obliged to give it back, will give back exactly what he will if he wishes; even if it has more than its share, it deducts its value from its share of inheritance.

The rights of the inheritance and the rights of the heirs are reserved.

Earnings beyond the share of inheritance

Item 672- If the beneficiary exceeds the share of inheritance, the heir proves that he wishes to leave the inheritance to him, this surplus shall not be subject to equalization. The rights of other heirs are reserved.

Equalization value

Item 673- Equalization is made according to the value of the gain at the time of equalization.

The benefits of unjust enrichment shall be applied among the heirs on the benefits and losses and the income and expenses.  

Education and learning expenses

Item 674- The obligation to give back due to the expenses incurred for the education and training of children is only available for the part exceeding the usual measures unless proven to be desirable.

Children who have not completed their education and training or who have a disability receive an equitable payment in sharing..

Gifts and marriage expenses

Item 675- Costs incurred during ordinary gifts and marriage are not subject to equalization.

In the marriage of the relatives of Altsoy, the dowry expenses made within the usual size of the request to not be subject to equalization is essential.

FOURTH – COMPLETE AND RESULT OF SHARING

Finalization of the share; Share contract

Item 676- The creation and the actual acquisition of shares among the heirs or the agreement between them will be transferred to the heirs.

With the sharing contract, heirs may also accept the conversion of the ownership of ownership on all or part of the goods to share ownership in proportion to their share of inheritance.

The validity of the sharing contract depends on the written form.

Contract on inheritance

Item 677- The validity of the contracts between the heirs on the transfer of the share of inheritance on all or part of the Tereken depends on the written form.

The validity of such a contract to be made by an heir to the third party depends on the organization of a notary public. The Convention does not entitle the person to participate in sharing; only at the end of the share the right of the heir to be given to the owner gives the right to demand.

Contracts made before the opening of the inheritance

Item 678- The contracts to be made by an inheritor or a third person shall not apply to the inheritance of an inheritance without the consent of the inheritance or without a permit.

It may be desirable to give back the actions performed in accordance with such a contract.

Responsibility of heirs against each other; Warranty debt

Item 679- After the completion of the share, the heirs are responsible for the goods sold against each other according to the provisions of the sale.

Inheritors guarantee the existence of receivables specific to each other in sharing against each other; Except for the negotiable documents registered in the stock exchange, they are responsible for the payment power of the debtor for the amount of the receivable deducted from the right of the heir, like an ordinary surety.

The lawsuit based on guarantee and surety expires by one year after the date of sharing or the due date for the receivables to be fulfilled later.

Invalidity of the share contract

Item 680- The general provisions of the Code of Obligations regarding invalidity shall also apply to sharing contracts.

Responsibility of heirs against third parties; Joint responsibility

Item 681- The heirs are jointly and severally liable for all their assets after sharing, due to the debts of the debtor who have not been expressly or consented by the creditor to the division or transfer.

The date on which the share takes place or the debts to be fulfilled thereafter shall be over five years after the expiry date.

Recourse to heirs

Item 682- In the payment contract, the heir who pays more than the amount owed to him or the amount he receives is recourse to the other heirs.

The right to recourse is first used against the heir who has undertaken the obligation to share the outstanding debt.

In other cases, each of the heirs is obliged to pay the debts at the rate of inheritance, unless otherwise agreed.

📌 The Fourth Book (The Law of Goods)

🔒 PART ONE – PROPERTY

Part One – General Provisions

Content of the right to property

Item 683- Anyone who possesses something has the power to exercise, to benefit and to make use of it on that thing within the limits of the legal order.

Malik, unfairly in the hands of the owner of the property can open a lawsuit, as well as to prevent all kinds of unfair hand-over.

Scope of property right; Integrative part

Item 684- Anyone who possesses something will also have integral parts of that thing.

The integral part is the element that is the main element of the main thing in local customs and is not allowed to be separated from it unless it is destroyed, damaged or changed.

Natural products

Item 685- The owner of something, his products will be the owner of.

Products are natural or juristic products obtained periodically and the other yields which are deemed to be suitable for them according to the purpose of the thing.

Natural products are an integral part of it until it leaves the real thing.

Addition; Definition

Item 686- Savings in respect of something include, unless otherwise stated, its add-on.

An add-on is the movable property which is connected to the original thing in the form of a merger, alias, or other means, which is always referred to the real thing, to operate, protect or benefit, according to the understandable desire of the owner or to local customs.

The plugin does not lose this attribute by temporarily leaving the main thing.

No add-ins

Item 687- What is associated with the real thing only for the temporary use or consumption of the zilyet, or merely with the special nature of the main thing without any relationship to be protected, sold or rented to be combined with it is not considered add-on.

Together property; Shared ownership; general rules

Item 688- In proprietary ownership, more than one person is entitled to certain shares in all of something that is not materially divided.

Unless otherwise specified, the shares are equal.

Each of the stakeholders shall have their own rights and obligations in terms of their share. Share can be transferred, pledgeable and can be phoned by creditors.

Management and savings; Deals

Item 689- Stakeholders can make a regulation different from the provisions of the law on issues related to utilization, use and management by unanimous agreement among themselves. However, the following rights and powers of the stakeholders cannot be removed or restricted with such an agreement:

To carry out the management works which are necessary for maintaining the usability and value of the subject property of the share ownership and to take the necessary measures from the court if necessary,

To take measures to be taken immediately to all stakeholders to protect the goods from the risk of damage or increase of damage.

If the signatures of the agreements related to the immovable property are approved by the notary public, upon the application of one of the stakeholders, the title deed may be annotated.

Ordinary management works

Item 690- Each stakeholder is authorized to carry out the usual administrative tasks, in particular to carry out minor repairs and to carry out agricultural works.

Without prejudice to the provisions of the law on mandatory and urgent works, the decision of the majority of stakeholders may be subject to different regulation concerning the authority in ordinary administrative affairs.

Important management works

Item 691- It should be decided with the majority of the share and stakeholder for important management tasks such as the modification of the operation method or the type of agriculture, the contracting of the lease or the lease of the goods or the termination of the land, the improvement of the land.

The same majority is required for maintenance, repair and construction works that exceed the ordinary management limits and for the maintenance of the value of goods or benefits.

In the case of equality of shares and stakeholders, the judge shall make a fair decision by taking into account the interests of all stakeholders upon the request of one of the stakeholders; appoint a trustee or an outsourcer to do the works he deems necessary.

Extraordinary management works and savings

Item 692- Change in the purpose for which the item to which the item is identified is subject to change, the construction works exceeding the extent required by the protection or the usual use, or to make savings on the whole of the share goods shall be subject to the acceptance of all the stakeholders unless otherwise agreed upon unanimously.

If the immovable pledge or immovable burden is established on the shares, the stakeholders cannot register the entire property with similar rights.

Utilization, use and protection

Item 693- Each stakeholder may benefit from and use the shareable property to the extent that it is associated with the rights of others.

The judges determine the way they use and exploit in case of conflict. This determination may also be in the form of the division of the use of the registered goods between the stakeholders in time or place.

Each stakeholder may provide the protection of non-divisive common interests as representing other stakeholders.

Expenses and obligations

Item 694- Administrative expenses, taxes and other liabilities, which arise from the ownership of a proprietary property or interest, are met by the stakeholders in proportion to their shares unless there is a provision otherwise.

The stakeholder who has paid more than his share may recourse to others in proportion to his share.

Binding of decisions

Item 695- The decisions and decisions taken by the stakeholders on the issues related to the use, exploitation and management and the decisions taken by the court also bind those who are subsequently stakeholders or those who are entitled to the same.

In order to make use of real estate, real estate, and management decisions on real estates in the real estates, or to bind the individual beneficiaries on the share, the title deed should be annotated.

Decommissioning; Removing the stakeholder

Item 696- The stakeholder who severely disrupts his or her obligations or conduct or the obligations and / or obligations of the persons for whom he or she is responsible for his actions against all or part of the other stakeholders may be excluded from the fellowship by a court order if he has made the continuation of the permanent ownership relationship irrevocable for them.

The opening of the case depends on the decision to be made by the shareholder and the majority of the stakeholders unless otherwise agreed.

If the judge justifies the removal request, if it is possible to separate the part that will cover the share of the stakeholder to be issued, it decides to separate the part that has been allocated from the share ownership.

Stakeholders or stakeholders who want to transfer the shares of the goods that cannot be separated exactly with their value at the date of the lawsuit have to put forward their demands with the request to remove them from stakeholder. The judge decides whether the share value should be paid or deposited in an appropriate time determined before his decision. In case of acceptance of the case, the share shall be deemed to be registered on behalf of the requester.

If the share to cover the share cannot be separated from the commodity and the shareholder who does not want this share is found, the judge determines a period for the defendant to transfer his share and in this period decides the sale of the non-transferable share by auction. The sales decision shall be carried out in accordance with the provisions relating to the cashing through enforcement proceedings.

Removal of other rights holders

Item 697- Provisions relating to the issuance of a stakeholder shall also be applied to the owners of personal right to benefit from the shares, usufruct or other real or title deed. However, it is decided to terminate an unreasonable right in return for an appropriate compensation.

End of ownership; Share prompt

Item 698- Each of the stakeholders may request that the goods be shared, unless there is a legal transaction or the obligation of continuing the ownership of the shares due to the permanent purpose of the proprietary goods.

The right to request to share may be limited to a maximum of ten years from a legal procedure. Contracts relating to the continuation of the ownership of ownership in real estates are subject to the official form and may be annotated to the title deed.

It cannot be requested to share in an unsuitable time.

Sharing format

Item 699- Sharing is done in the form of dividing the price by selling the goods exactly, or selling them by bargaining or increasing.

If there is no numbness in the form of sharing, the judge decides on the request of one of the stakeholders that the same division of the commodity is divided and if the values ​​of the divided parts do not coincide with each other, money is added to the missing value.

If the division is not deemed appropriate for the request and conditions, and especially if the share is not allowed to be divided without significant loss of value, sales shall be made by auction. It is up to the consent of all stakeholders to decide on the increase in sales among the stakeholders.

The state of usufruct right

Item 700- If a stakeholder establishes usufruct rights on his / her share, if one of the other stakeholders asks to share within three months of the notification that the right of usufruct has been established; The right of usufruct in the share through sale shall continue on the price to be paid.

Co-ownership; Resources and quality

Item 701- In accordance with the contracts envisaged by the law or the law, it is the ownership and the ownership of the property of the people who are together with the goods.

Partnership ownership does not have a designated share, but the rights of each are common to all goods entering the partnership.

Rulings

Item 702- The rights and obligations of the partners are determined by the provisions of the law or contract that gives rise to the community.

Unless there is a provision in the law or in the contract, the partners must decide unanimously for the management and the savings.

As long as the contractual community continues, no share can be made and no share can be saved.

Each of the partners may ensure the protection of the rights of the community. All partners benefit from this protection.

(Pursuant to Article 702 of the TMK, the purpose of the cooperation of a stakeholder is to prevent other stakeholders from being harmed by the disposal of a stakeholder, in other words, to protect other stakeholders from outside, and as a result, all kinds of savings by third parties are possible with the consent of all stakeholders. The promise to sell contract, which includes all of its heirs, has the ability to perform.)

Termination

Item 703- The ownership of the partnership ends with the transfer of the goods, the disintegration of the community or the transfer of ownership.

Sharing shall be made in accordance with the provisions of the proprietary ownership unless there is a provision otherwise.

Part Two – Property Ownership

FIRST DECEMBER -PROPERTY OF IMMOVABLE PROPERTY Subject, Earnings and Loss

The subject of immovable property

Item 704- The subject of real estate ownership is:

1. Land,
2. Independent and permanent rights recorded on a separate page in the land registry
3. Independent sections registered in the floor ownership register.

Acquisition of immovable property; Registration

Item 705- The acquisition of immovable property is registered.

In the case of inheritance, court decision, enforcement, occupation, expropriation, and other cases stipulated by law, the property shall be acquired prior to registration. However, in these cases, the owner’s ability to make savings transactions depends on the fact that the property is registered in the land registry.

Winning ways; Legal action

Item 706- The validity of the contracts for the transfer of the immovable property depends on the official arrangement.

Death-related savings and property regime contracts are subject to their own specific shapes.

Occupation

Item 707- The acquisition of the property of an immovable property registered in the land registry by occupation depends only on the abandonment of the registration by the owner.

Property cannot be acquired by occupation on immovable properties not registered in the land registry.

New land development

Item 708- Land, which is suitable for re-use in non-owned areas due to reasons such as accumulation, landfill, landslide or changes in the bed or level of public waters, belongs to the State.

If the State does not have a public objection, the State may transfer the land to the landowner or the landowner.

The owner, who proves that the pieces of land are detached from his own land, may take them back within a decade starting from the date on which he / she learned the situation and, in any case, from the date of occurrence.

Land shift; generally

Item 709- Land shift does not require border change.

As a result of the landslide, the provisions relating to the entrails and interferences about the pieces of land and other objects that have passed from one real estate to another are applied.

Landslide

Item 710- The principle that landslide will not cause a change of boundary is not applied by the competent authorities in the regions where landslide regions are determined.

During the determination of these regions, the structure of the land in the region is taken into consideration.

It is reported that an immovable property is located in such a region and is written in the declarations column of the land registry.

Re-determination of the border

Item 711- If the border does not reflect the truth due to the landslide; the relevant immovable owner may request the restructuring of the boundary.

Redundancy and deficiencies are compensated.

Gaining time limit; Ordinary timeout

Item 712- If the person who has been registered as landowner without a valid legal reason, maintains his possession on the immovable immovable uninterruptedly for a period of ten years and with good faith, he cannot be objected to the right of ownership gained in this way.

Extraordinary timeout

Item 713- A person who is not registered in the land registry for a period of twenty years and who is in possession of his capacity as owner shall be entitled to decide the registration of the title of ownership on the whole, part or a share of the immovable property to the title book.

Under the same conditions, the possession of the whole or a part of the immovable that is registered in the name of a person whose owner cannot be identified from the land registry or for whom a decision of absenteeism was given twenty years ago, may request the registration of the ownership right on the whole, part or a share of that immovable to the land registry. .

The registration case is opened against the Treasury and the related public legal entities or, if any, the heirs of the person who appears to be the owner.

The subject of the case shall be announced to the court at least three times by the newspaper and once at the place where the immovable is located at the appropriate vehicles and intervals.

Within three months starting from the last announcement, if no objection is found by claiming that the above conditions are not fulfilled or if the objection is not considered appropriate and the claim of the plaintiff is proven, the judge decides on the registration. Property is acquired when the conditions stipulated in the first paragraph are met.

Defendants and protesters may request to be registered in their own names in the same case.

The decision specifies the nature, location, boundaries and surface area of ​​the immovable to be registered and the decision including the technical information prepared by the experts is also included in the decision.

The provisions of special law are reserved.

Calculation of time

Item 714- The provisions of the Code of Obligations related to the statute of limitation shall be applied in a comparative manner in calculating, stopping and stopping the time limitation periods.

Unclaimed places and benefit of public goods

Item 715- Unclaimed places and the benefit of public goods are under the provisions of the State.

Unless proven otherwise, the benefit of public waters and rocks, hills, mountains, glaciers, and the resources that aren’t suitable for agriculture are not the property of anyone, and in no way can they be subject to private property.

Unclaimed places and the benefit of the acquisition, maintenance, protection, operation and use of public goods are subject to special provisions.

Right to request registration

Item 716- A person who has a personal right to request the registration of the property in his name on the basis of a legal reason that will be the basis of the acquisition of the property may ask the judge to be judged from the judge in case he avoids the owner.

On the basis of the occupation, inheritance, expropriation, enforcement or court decision of the ownership of an immovable property, the winner can register directly.

Changes in the property of an immovable property due to the property regime between the spouses shall be registered directly in the land registry by the request of one of the spouses.

Loss of immovable property

Item 717- Immovable property ends when the abandonment or immovable is completely destroyed.

When the expropriation property expires 

SECOND AYIRIM – CONTENT OF IMMOVABLE PROPERTY AND RESTRICTIONS

Content of immovable property; Scope

Item 718- The property on land covers the air and supply layers above it as far as it is beneficial to use it.

The scope of this property also includes structures, plants and resources without prejudice to legal restrictions.

Limits; Determination of boundaries

Item 719- The boundaries of the immovable property are determined by the land markings and the boundary markings on the supply.

If the marks on the supply and the signs on the supply do not match, the actual plan is the limit. This rule is not applied by the competent authorities in the regions determined as landslides.

Obligation to set limits

Item 720- Each landowner is obliged to contribute to the correction of the deed plans or the establishment of boundary markings on the supply in order to determine the unclear boundaries on the request of his neighbor.

Restricted property on borders

Item 721- Limits, such as walls, railings, fences, which separate the two properties from each other, are deemed to be the property of both neighbors unless proven otherwise.

Structures in the field; Land and building material; Property relationship

Item 722- If a person uses the material of someone else in the structure of his own land or the material of himself or someone else in the structure of another’s land, this material becomes an integral part of the land.

However, if the dismantling of the used material without the consent of the owner will not cause excessive damage, the owner of the material may request the discharging of the material to be given to him.

Under the same conditions, the owner of the land, without the consent of the material used in the structure, the expense of the construction builder may be removed to be removed.

Compensation

Item 723- If the material is not dismantled, the land owner is obliged to pay an appropriate compensation to the owner.

If the owner of the building is not in good faith, the judge may decide to compensate the damage suffered by the owner.

If the owner of the building material is not in good faith, the amount the judge shall control shall not exceed the minimum value that the material carries for the land owner. 

The ownership of the property to the owner of the land

Item 724- If the value of the structure is clearly greater than the value of the land, the benefactor may request that the property and all or sufficient portion of the land be given to the owner of the property for an appropriate price.

Flood structures

Item 725- The part of a building that is carried to the land belonging to someone else, becomes an integral part of the immovable property if the building owner has an easement on the land carried.

If there is no such right of easement, if the damage owner does not object within fifteen days starting from the date of learning of the overflow, but also justifies the situation and conditions, the person who makes the flood structure with goodwill shall be entitled the ownership of the piece of land.

Top right

Item 726- The ownership of the buildings constructed to stay on or under a land belonging to someone else, on the basis of a supercluster, belongs to the owner of the right of easement.

The creation of condominium or floor easement on the independent sections of a building, which are suitable for use in itself, is subject to the Property Law.

The right of right cannot be established on independent sections.

Channels

Item 727- Even if the channels of water, gas, electricity and the like are outside the real estate where the enterprise is located, unless the contrary is an arrangement, it is considered as the addendum of the enterprise and the property of the owner.

Apart from the cases required by the neighborhood law, an immovable property can only be loaded as a real right through such a channel by establishing a right of easement.

The right of resignation arises from the registration of the title deed, if the medium is not seen from outside, and by making the media based on the contract to be made by the notary public if seen from outside.

Movable structures

Item 728- The hut, buffet, arbor, shed and other light structures, which are made without the intention of being permanent on someone else’s land, belong to the owner.

Such structures are subject to the provisions of the movable property and are not shown in the title deed.

Saplings planted on land

Item 729- If a person stitches another person’s seedlings on his own land or the seedlings of himself or a third person, the provisions relating to the structures or the movable structures made using the material of others shall also apply to them.

Trees and forests cannot be the subject of the upper right.

Responsibility of the owner

Item 730- An owner of an immovable property of the right to use the legal restrictions of this right as a result of damage or damage to the person who is facing the danger of the situation, the situation, the danger and the damage suffered can be solved.

The judge may decide to offset the damages resulting from the inevitable and inevitable outbursts by an appropriate price.

Restrictions of real estate ownership; generally

Item 731-The restrictions arising from the law of immovable property are effective without being registered in the land registry.

Elimination or alteration of these restrictions depends on the formal arrangement of the contract and the issuance of annotations to the title deed.

Restrictions for public interest cannot be removed or changed. 

Restrictions on the right of transfer; Right of legal pre-emptive; Owner of the right

Item 732- In the event that a stakeholder sells his share of the immovable property completely or partially to a third party, other stakeholders may exercise their right of pre-emption.

Prohibition of use, waiver and time-limiting

Item 733- With prejudice increase, prejudice cannot be used in sales.

The waiver should be done officially and the title deed should be given annotation. Discontinuation of prejudice rights in a particular sale is subject to written form and may be made before or after the sale.

The sale shall be notified by the buyer or seller to other stakeholders via a notary.

The right of pre-emption falls within three months of the date on which the sale is notified to the rightful owner and, in any event, two years after the sale.

Using the

Item 734- The right of pre-emption is used by opening a case against the buyer.

The holder of the right of initiation is obliged to pay the title deed to the buyer in cash in the time determined by the judge within the period determined by the judge before the registration of the share is decided.

Contract pre-enforcement right

Item 735- The contractual pre-emptive right granted to the title deed may be used against each employee in the period specified in the annotation and in accordance with the conditions specified. The conditions in the sale of the immovable to the third party shall be taken if the conditions are not specified in the bill.

In every case, the effect of the announcing expires ten years after the date of issuance.

The provisions on the exercise of the right of legal pre-emption and the renunciation shall also apply to the contractual pre-emption.

Purchase and repurchase rights

Item 736- Purchase and repurchase rights granted to the land registry can be used against each employee in the period specified in the annotation.

In any case, the effect of the announcing expires ten years after the date of issuance.

neighbor right; How it works

Item 737- Everyone is obliged to avoid floods that may negatively affect their neighbors while exercising the rights arising from the immovable property, and in particular when conducting business.

In particular, it is forbidden to cause disturbance by making noise, mist, soot, dust, odor, noise or jolt that exceeds the degree acceptable to the neighbors.

The rights to equalization arising from local fair and inevitable outbursts are reserved.

Excavations and structures; Kural

Item 738- Malik must avoid damaging the neighboring immovables by shaking or endangering their lands or influencing the facilities on them.

Provisions regarding flood structures are applied to structures that violate the rules of neighborhood law.

Special Rules

Item 739- The rules to be complied with in excavations and structures are determined by special laws.

vegetation; Kural

Item 740- If the branches and roots that damage the neighbor’s land are not removed within a reasonable time upon his request, the neighbor can cut off these branches and roots and put them into his own property.

The neighbor who has folded the overflowing of the branches to the planted or built land shall have the right to collect the fruits grown in these branches.

These provisions do not apply to neighboring forests.

Special Rules

Item 741- The rules that the neighboring immovable owners must obey when planting are determined by special laws.

Naturally flowing water

Item 742- The immovable owner must bear the flow of naturally flowing water, especially rain, snow and unshielded spring waters from the upper land to his own land.

None of the neighbors can change the flow of these waters to the other.

The owner of the above land may hold the water required for the immovable on the lower side only to the extent necessary for its own immovable.

Excessive water supply

Item 743- If the land of a land is flowing naturally to the lower land, the landowner of the land must accept these waters without the right to seek compensation even when the excess water is discharged.

If the land on the underside is damaged due to unloading water, it may require the water to be drained on its own land with the expense of the land owner.

The provisions of special law on the drying of marshes are reserved.

Transition; Obligation to fold

Item 744- Each immovable property owner is obliged to bear the water line, drying channel, gas and the like pipes, electrical lines and cables, if it is impossible or exceedingly costly, to pass under or over his own land, provided that all damage is paid in advance.

In the event that the transposition is subject to the rules of expropriation, the provisions of this Law on neighborhoods shall not apply.

The right to pass the media is registered to the land registry by the right holder at the request of the owner and provided that the expenses are paid.

Protection of the interests of the immovable property owner

Item 745- The obliged immovable property owner may require that his or her interests be exercised in a fair manner.

If there are extraordinary situations in the media that will be passed over the land, the owner may request that a suitable part of the piece of land on which these channels are to be taken will be purchased for a price that will cover the loss in full.

Change of status

Item 746- If the situation changes, the obliged immovable owner may request that the media be transferred to another location for its own benefit.

Relocation expenses, as a rule, belong to the owner of the channel right.

If special circumstances justify, the immovable owner may be liable to participate in an appropriate part of the expenses.

Gate rights; Mandatory passage

Item 747- The proprietor who does not have an adequate passage for the general road may ask his neighbors for a full price.

This right is first used against the neighbor who is best suited to the previous property and road condition, and then to the least harm from him.

Mandatory passage is determined by taking into consideration the interests of both parties.

Other gate rights

Item 748- The right of temporary entitlement to the adjacent immovable with the aim of constructing the immovable of the immovable owner on the basis of operation or improvement, or the construction of the immovable property, shall be subject to the provisions of the special law.

If there is no special provision, local customs apply.

The rights of the gate directly arising from the law arose without being registered to the land registry. However, those with a continuous nature are shown in the declarations column.

Limitations

Item 749- Without prejudice to the provisions on the ownership of shares on the limits; each land owner shall cover the expenses for the boundary of the immovable property to be surrounded by boundaries such as fences or walls.

The provisions of the special law relating to the obligation and form of the land to be surrounded by boundaries are reserved.

Participation obligation

Item 750- Every immovable property owner is obliged to participate in the works required for the use of the powers of neighborhood law and their expenses in proportion to his / her own benefit.

The right to enter someone else’s land; Entering the forest and pasture

Item 751- Unless prohibited by the competent authorities to protect vegetation, anyone can enter someone else’s forest and pasture and collect and pick up wild fruits, mushrooms, and so on, to the extent permitted by local customs.

Access to someone else’s land to hunt and catch fish is subject to special provisions.

Getting things similar with drifting

Item 752- Water, wind, avalanches or other natural forces or other natural forces as a result of coincidence, or something that is drifting or falling into the land of the large and small animals of the head, bee son, poultry and fish, such as by the owners of the rights to be searched by the owners, the land owner has to allow.

The land owner therefore has the right to demand that the damage be incurred be compensated and to imprison those things until the compensation fee is paid to him.

In case of necessity

Item 753- If a person is able to prevent a threat that is threatening him / herself or others or a current danger by an intervention to someone else’s real estate and the damage or danger is significantly greater than the damage to the immovable, the owner must bear it.

For this reason, Malik may demand a fair value equal to the compensation he incurred.

Public law restrictions; generally

Item 754- Restriction of the right to immovable property for the public benefit, especially to law enforcement services related to construction, fire, natural disasters and health; to place border signs and landmarks on forests and roads, on main and secondary roads on sea and lake shores; improvement of the soilcine or division, consolidation of agricultural land or building plots; Property restrictions on the protection of antiquities, natural beauties, landscapes, sightseeing spots and rare nature monuments, springs, hot springs, mineral and spring waters are subject to special law provisions.

Improvement of soil

Item 755- If improvement works such as correcting waterways, watering, drying marshes, road building, forestry, land consolidation can only be done with joint ventures of the respective owners, two-thirds of the owners must decide on this road if they have more than half of the land. Other owners must also comply with this decision. The decision taken is shown in the declarations column of the title deed.

Special law provisions regarding these matters are reserved.

Welding and groundwater; Property and easement rights

Item 756- Resources are an integral part of the land and their ownership can only be acquired with the ownership of their land.

The right on the resources found in someone else’s land is established by registering the title deed as an easement right.

Groundwater is a public benefit water. Being a owner is not the result of being the owner of the underground water beneath it.

The provisions of special law on the manner and extent of utilization of ground water by the land owners are reserved.

Damage to resources; Compensation

Item 757- A person who harms the owner or the owner of the tenant by damaging or polluting the wells or wells that are watered or used for the purpose of benefiting from the excavation, construction or similar activities is obliged to remedy this loss.

If the damage is not intentionally or omitted, or if there is a defect, the judge appreciates the amount and type of compensation, if necessary.

Restore

Item 758- If the resources needed to sit, operate, or provide the drinking or potable water of a place are cut and contaminated, the source may be asked to be restored to the extent possible.

They may be asked to reinstate, but only if they justify special circumstances.

Sources fed from the same bed

Item 759- If the neighboring resources of different owners are fed from a common source, each of the owners may ask that these resources be kept together and that the water will be distributed to the beneficiaries in proportion to the benefit they have received until then.

Rights holders undertake the cost of the common facility as a benefit.

In the case of an objection, each of the beneficiaries can do the work necessary to keep the water in its source, even if the water in other sources will be reduced, and the amount of water coming to its source will be obliged to pay a price only if this work eventually grows.

Special law provisions and local custom

Item 760- It is subject to the provisions of the special law to ensure that neighbors and other persons benefit from water, water or animal irrigation or similar means from the source, wells or creeks in the land subject to private ownership. If there is no special provision, local customs apply.

Compulsory water

Item 761- The house, which lacks the necessary water for its land or operation and cannot provide it without any overfill and expense, may request the construction of an easement which will enable the neighbor to buy water that is more than his need for a full price.

In the establishment of the required water easement, the interest of the source owner is considered first.

If the situation changes, it may be desirable to change or remove the established easement right.

Part Three – Movable Property

Subject

Item 762- The subject of movable property is the natural powers which are suitable for acquiring with the material things that can be carried by their qualities and are not covered by the immovable property. 

Acquiring; Transfer of property; Transfer of possession

Article 763 – The transfer of movable property requires the transfer of possession.

A person who inherits a movable property, with goodwill and ownership, is the owner of the property even if the owner is not entitled to transfer the ownership of the transferor according to the provisions of the possession.

Retention of ownership; generally

Item 764- The registration of the property of a property transferred to another person shall only be valid if the contract to be registered is registered in the private register of the assignee at the settlement notary public.

There is no contract for keeping the property in animal sales.

Sale in installments

Item 765- Anyone selling goods in installments may, on condition that they comply with the special provisions of this sale, request the return of the goods they sell, based on the contract of keeping the property.

Delivered

Item 766- If a person who transports the property of a carriage maintains the possession of that thing on the basis of a special legal relationship, the property will be past without surrender. However, if the transaction is made to damage third parties or to avoid the rules of the pledge, the transfer of the property does not result.

The judge appreciates whether such a purpose is being pursued.

appropriation; Unclaimed things

Item 767- The owner of a derelict carer will be his owner.

Animals coming to derelict status

Item 768- The hounds of the game are kept free and the owners do not search for it without delay and without interruption and if they do not try to hold it again, they become unattended.

If domesticated animals become wild again and do not return to their owners, they become uninhabited.

The son of a bee does not become uninhabited by having flown to the real estate of another.

found item; Search and announcement

Item 769- If a person who finds something lost, does not know the owner or the owner, he has to inform the law enforcement officers, the chief in the villages, or make research and, if necessary, announce them.

If anything is found to be of considerable value, it must in any case report to the law enforcement agencies or the custodian.

The person who finds something in a residence, at work or in a public service place must deliver it to the owner of the place or to the tenant or the public in the place of public service.

Protection and sales

Item 770- What is found must be protected with care.

If the protection requires excessive expense or is perishable or stored by law enforcement or the public institution for more than a year, the found thing may be sold. Sales are made through auction by prior notice if necessary.

The sale price replaces what is found.

Acquisition of property, giving back

Item 771- If the owner of what is found does not appear within five years from the date of announcement of the notice or the police or the notification of the headman; he who has fulfilled his obligations shall acquire the property of that thing.

If it is returned to the owner, the person who finds it may require the payment of his expenses and an appropriate reward.

Loss has been found in a home, workplace or public service; the owner of the place, the tenant or the institution, is considered to have found that thing. However, they cannot ask for awards.

Define

Item 772- Valuable things that have been buried or stored long before they were discovered, and that no longer have the owner, are deemed treasure.

Without prejudice to the provisions relating to the goods of scientific value, the treasurer shall be the owner of the immovable or movable property in which it is located.

Anyone who has found the treasure may request an appropriate reward not to exceed half its value.

Scientific value

Item 773- In the case of the existence of ancient artifacts with natural values ​​and scientific values, special law provisions shall be applied.

Things that fall or drift

Item 774- Under the influence of water, wind, avalanches, or other natural forces, or upon whom the goods or animals are subject to domination, he shall have the rights and obligations of the person who finds the lost goods.

The son of the bee, who migrated to another’s hive, has a hive owner without having to pay a price.

Processing

Item 775- If a person processes something or belongs to someone else, if the value of labor is greater than the value of that thing, then the new thing works, otherwise the owner will be.

If the functioning is not good, even if the value of labor is greater than the value of what is being processed, the judge may leave the new property to the owner.

Claims arising from compensation and unjust enrichment are reserved. 

Confusion and merger

Item 776- If the movable property of more than one person is united or mixed with each other in such a way that they cannot be separated without significant damage or excessive labor and money, they will have ownership of the ownership on the new thing at the time of the merger or crosstalk of their own carriage.

If a movable mixes or merges with another movable so as to be its secondary integral part; The entire item belongs to the owner of the main item.

Claims arising from compensation and unjust enrichment are reserved.

Gaining time limit

Item 777- Anyone who carries someone else’s movable property for five years without interruption and with goodwill in the capacity of property shall become the owner of such carriage through the statute of limitations.

If the possession is lost out of will, it will not be halted if the government takes over the goods within a year or regains it through a lawsuit.

The provisions of the Code of Obligations related to the statute of limitation shall be applied by means of comparison in calculating, stopping and stopping the time limitation period.

loss

Item 778- Its movable ownership does not end with the loss of possession unless it is abandoned by the owner or won by someone else.

🔒 PART TWO – LIMITED RIGHTS IN REAL

Part One – Easement Rights and Immovable Burden

FIRST ALLOCATION – Ease of use in favor of the immovable property

Subject

Item 779- The easement right in favor of the immovable property is a burden placed in favor of another immovable on an immovable property.

The debts cannot be the subject of easement; it can only be connected as a side-man.

Establishment and termination; Establishing; Registration

Item 780- Registration of the title deed is essential for the establishment of the right of easement.

In the acquisition and registration of the right of easement, the provisions relating to the immovable property shall be applied unless otherwise provided.

The acquisition of the right to enjoyment through the statute of limitation is only possible in real estates that can be acquired in this way. 

Contract

Item 781- The validity of the contract for the establishment of the right to reside depends on its formal arrangement.

Right of easement on your own property

Item 782- Malik can establish easement on one of the two properties belonging to him in favor of the other.

Termination; generally

Item 783- The right to resign ends with the cancellation of the registration or the disappearance of the installed or benefiting immovable.

The same property of both real estate

Item 784- If the same person is the owner of the immovable properties that are loaded and benefiting, this person can abandon the right of easement.

As long as it is not abandoned, servitude continues to exist as a true right.

Court order

Item 785- If there is no benefit provided for this right, the owner of the immovable property may ask for the abandonment of this right.

A right of easement, which provides little benefit compared to its burden, may be required in whole or in part to be canceled.

Rulings; coverage; generally

Item 786- The entitlement holder may take the necessary measures to protect and use his right; however, he / she has to use his right to cause the least damage to the owner.

The owner of the immovable property of the immovable property shall not act in a manner that prevents or makes it difficult to use the right of easement.

According to the registration

Item 787- To the extent that it clearly determines the powers and obligations arising from the altitude, the registration is the basis for determining the scope of the easement.

In the event that the registration is not clearly understood, the scope shall be determined within the limits of the registration, the cause of the acquisition of easement or the manner in which it has been exercised for a long time.

Change of needs

Item 788- The changes in the needs of the real estate cannot aggravate the burden of the installed immovable.

Special law provisions and local custom

Item 789- The rights of parades, such as field road, pedestrian or car crossing, animal grazing, animal irrigation, rights to water and the right to water to the fields or arcs, and the provisions of the agreement or special law in determining the scope of such rights, or local customs shall apply. 

Maintenance costs

Item 790- The maintenance of the facilities required for the exercise of the right of easement belongs to the owner of the immovable property.

If the facilities are useful to the owner of the installed immovable, they are included in their maintenance costs at the rate of both property benefits.

Amendments; Changing the location of the right of easement

Item 791- If the right of resignation is established only if a certain part of the installed immovable is used, the owner of the immovable property shall prove his / her interest and assume the expenses; easement may request the transfer of the right to another part of the immovable property in a way that does not make it difficult to use it.

Even if the place of use of the right of resignation is stated in the land registry, the installed immovable owner may use this power.

The rules of neighborhood law are also taken into account when transferring the channels from one place to another.

Division; Dividing the beneficiary

Item 792- In case the immovable property is divided into parcels, the rule is that the right of easement continues to the benefit of each parcel.

However, if the right of easement can be used for the benefit of a single parcel according to the circumstances and circumstances, the owner of the loaded property may request the withdrawal of easement right for the other parcels.

The land registry registrar shall inform the owner of this right of easement and shall abandon the right of easement in case he does not appeal within a month.

Dividing the installed immovable

Item 793- If the installed real estate is divided into parcels, the rule is that the easement right continues on each parcel.

However, if the right of easement is not used on certain parcels and if it cannot be used according to the situation and conditions, each of the owners of these parcels may request the abolition of easement right on their own immovable.

The land registry registrar shall inform the owner of this right of easement and shall abandon the right of easement in case he does not appeal within a month.

SECOND AYIRIM – THE RIGHT TO INVEST AND OTHER RIGHTS

Usufruct; Subject

Item 794- The right of usufruct may be established on movable property, immovable property, rights or property.

Unless otherwise arranged, this right provides the holder with full access to the subject. 

Establishing

Item 795- The right of usufruct is established by the transfer of the possession of the movables, the transfer of the receivable in the receivables and the registration of the land registry in the immovables.

In the acquisition and registration of usufruct rights in movable and immovables, provisions on property shall be applied unless otherwise arranged.

Even if the legal usufruct right on the immovable property is not registered in the land registry, it can be raised against those who know the situation. If it is registered, it can be argued against everyone.

Termination; Reasons for termination

Item 796- The right of usufruct, the complete disappearance of the subject and the abandonment of registration in real estates; the right of legal usufruct ends with the disappearance of the cause.

Other expiration reasons, such as expiration of the term or the renunciation or death of the right holder, authorize the property to request the release of property.

Time

Item 797- The right of usufruct, the death of the rights holder in real persons; The expiry of the agreed period in legal entities shall end with the disappearance of the personality if the period has not been decided.

The usufruct of legal persons may continue for a maximum of one hundred years.

Wasting or expropriation

Item 798- Malik is not obliged to make use of the property of usufruct which is inevitable to be exploited; If it brings the right of usufruct is re-established.

In cases such as insurance and expropriation, the right of usufruct continues on the replacement of the subject of the right.

Give back; Obligation

Item 799- When the usufruct right is over, the right holder is obliged to return the goods subject to the right to the owner.

Responsibility

Item 800- The proprietor of the usufruct right is responsible for the destruction of the property or the reduction of its value unless it proves that the damage is not due to its fault.

The usufruct right holder is obliged to compensate what he consumes, although it is not necessary for his or her benefit.

The usufruct right holder is not responsible for the decrease in value arising from the normal use of the good.

Expenses

Item 801- Usufruct right holder may demand compensation for expenses, renewals and additions that he does not have, although he is not obliged, in accordance with the provisions of the duty of attorney when the right is terminated.

In case the malik refuses to give compensation, the owner of the usufruct can remove the additions he makes, provided that he makes the item old.

Time out

Item 802- At the time of extradition, all claims that may be claimed by the owner and the owner of the usufruct right are prescribed for one year from this moment.

Provisions of usufruct; Usufruct rights; generally

Item 803- The owner of the usufruct right has the power to keep, manage, use and utilize the property which is the subject of the right.

The owner of the usufruct has the right to use such powers as a good manager.

Natural products

Item 804- Natural products that mature within the period of usufruct rights belong to the owner of usufruct rights.

On the other hand, the owner of the right of cultivation or planting or the owner of usufruct, the maturing products, may ask for a suitable price for the expenses it does not exceed the value of the product.

The inherent parts of the product, which are not counted as natural product or product, belong to the owner.

interest

Item 805- The interest and other periodic income of the capital subject to the right of usufruct belongs to the owner of the usufruct right until the expiry of the usufruct right, even if they are later than due.

Transfer of the exercise of the right

Item 806- If there is no contrary provision in the contract or if it is not understood that the right holder should be used personally by the rights holder, the use of usufruct may be transferred to another person.

In this case, the owner may claim his rights directly against the transferee.

Malikin rights; Surveillance

Item 807- Malik may object to the unlawful use of the goods which are the subject of the right or the use which does not conform to the quality.

Assurance

Item 808- The proprietor who proves that his or her rights are in danger, may seek assurance from the beneficial owner.

The subject of the usufruct right may be consumed before the delivery without the need for proof of the risk.

Deposits of trustworthy documents are safe place.

Assurance in forgiveness

Item 809- Donations from the donor cannot be demanded in the donations made to keep the right of usufruct.

Results of non-assurance

Item 810- Usufructuar does not provide assurances within the time period granted to them, or if the owner of the right is subject to unlawful use despite the objection of the owner; the magistrate shall deposit the right of usufruct holder to a trustee who shall assign the subject of the right up to a new decision. 

Bookkeeping

Item 811- The owner of the right of usufruct or the proprietor of the usufruct may at any time require the notary publicly retained the book of the rightful usufruct of the usufruct right to share the expenses.

Obligations of usufruct right holder; Protection of goods

Item 812- The beneficial owner is obliged to carry out the necessary repairs and renewals for the preservation and regular maintenance of the property subject to the right.

If the storage of the goods requires more important works or measures to be taken; the owner of the usufruct has the obligation to notify the property and allow them to be performed.

If the owner refuses to do the necessary work, then the owner of the usufruct can make these on his account.

Maintenance and operating costs

Item 813- The ordinary maintenance and operating expenses of the goods subject to usufruct right belong to the owner of the usufruct rights during the period of usufruct.

If the owner has paid the tax and the pictures, the owner of the usufruct has to indemnify them according to the above-mentioned basis.

All other obligations belong to the owner. However, if the owner of the usufruct has not provided the money to be paid by the owner on his / her request; The owner of the right of usufruct may partially or completely make money for the fulfillment of these obligations.

Interest of payable in the usufruct of assets

Item 814- In the usufruct of assets, the owner of usufruct is obliged to pay the interest of the debts in these assets. However, if the circumstances and conditions justify, the usufruct right holder may ask to be rescued from this obligation. In this case, the usufruct continues on the remaining portion of the debts.

Fuse

Item 815- In case of good management according to local customs, the owner of usufruct is obliged to insure the property in favor of the owner against fire and other hazards.

In this case, or if the usufruct right has been established on an insured property, the beneficial owner shall pay the insurance premiums during the continuation of his right.

Special Conditions; immovables; Products

Item 816- A person who is entitled to usufruct on an immovable property is obliged to ensure that the utilization remains within the normal limits.

The products obtained by this measure belong to the owner.

Freedom of direction

Item 817- The owner of the usufruct cannot change the direction of economic right of the immovable property to the owner of the property. in particular it cannot transform it into a new form, nor can it make a significant change.

The owner of the usufruct can open stone, lime, marble and peat mines and so on with the condition that they give advance notice to the owner and not make any significant changes towards the economic exclusion of the property.

Forests

Item 818- A person who is entitled to usufruct on a forest can benefit from it within the framework of a business plan in accordance with the special provisions of the law.

The owner of the right of usufruct with Malik may request the observance of his rights while the business plan is being made.

If the usual utilization is significantly exceeded due to storm, snow, fire, flood, insect pest or other reasons, the forest will be operated in such a way as to reduce this loss gradually or the business plan will be adapted to the new situation. The price obtained due to over-exploitation shall be deposited in such a way as to bring interest and shall be allocated to recover the yield.

Consumables that are consumed and valued

Item 819- Ownership of consumable things passes to the beneficial owner, unless otherwise agreed; However, the beneficial owner is obliged to pay the current value of these things at the time of return.

The owner of the usufruct may freely save on other movables delivered to him by value, unless otherwise agreed; however, if he uses his authority, he is obliged to pay for the return of those valuated values. This payment can be carried out by supplying goods of the same type and quality in agricultural holdings, herds, commercial goods or the like.

assets; Coverage scope

Item 820- The right of usufruct on a receivable entitles it to obtain its return.

The request of the debtor to be made against the debtor and the savings on the negotiable documents must be made by the creditor and the beneficial owner and the debit by the debtor to repay the debt must be directed to both.

If the receivable is compromised, the creditor and the owner of the right of usufruct may ask each other to participate in the measures required by a good management.

Payment and operation

Item 821- The debtor who is not authorized to pay to the creditor and the owner of the usufruct has the obligation to pay both of his / her debt or to deposit it to the place determined by the judge.

The subject matter of the performance performed and, in particular, the principal money to be repaid shall be subject to usufruct.

A creditor or beneficial owner may require the principal to be deposited in a reliable and returnable place.

Right to request a transfer

Item 822- The owner of the usufruct may request the transfer of the receivable and valuable papers that are the subject of the right, within three months following the beginning of the usufruct.

The holder of the usufruct right shall be liable to pay the price of the receivable against the assignee in the amount of the receivable and the negotiable documents and shall be obliged to show a further assurance for such debt unless waived.

If it is not waived to seek security, the transfer shall be effective only after the assurance has been shown.

Right of residence; generally

Item 823- The right to residence authorizes the use of a building or part of it as a residence.

The right of residence is not transferable to others and does not pass to the heirs.

The provisions of usufruct rights shall also apply to the right of residence, unless otherwise provided by law.

Scope of residence

Item 824- The scope of the right of residence is generally determined according to the individual needs of the beneficiary.

The owner of the residence can sit in the building or in a section with his / her family and the household, unless the right of the residence is clearly stated.

A person who has the right to live on a part of the building can also benefit from places that are intended to be used jointly.

Expenses

Item 825- The right to sit, if the building or part of the entire authority to benefit; repair and renewal expenses for the maintenance and normal maintenance of the building or section belong to the owner.

If the owner of the residence uses the building or a part of it with the owner, the maintenance and repair costs will be paid by the owner.

Top right; Registration to the subject and land registry

Item 826- An immovable property owner may establish a right of easement in favor of a third person, which entitles it to build or maintain an existing structure above or below its land.

This right may be transferred and passed to heirs unless otherwise agreed.

If the right of right is independent and continuous, it can be registered as an immovable in the title deed upon the request of the right holder. The right to be established for at least thirty years is permanent.

Content and scope

Item 827- The contract records relating to the content and scope of the right to the upper limit, in particular the position, the form, the nature, the size, the purpose of the assignment and the use of the non-construction area are binding on everyone.

Consequences of termination; Ownership of property

Item 828- When the right to upper right ends, the buildings remain land ownership and become an integral part of the land.

If the independent and permanent right of the title is registered as an immovable property in the title deed, this page is closed when the right to upper right is terminated. All rights, restrictions and obligations on the right of the parent, which are registered as immovable, terminate with the closing of the page. Provisions regarding the price are reserved.

Bedel

Item 829- The immovable owner shall not pay a price to the entitlement holder for the remaining structures unless otherwise agreed. If it is decided to pay an appropriate price, the amount and the form of calculation are determined. The price determined to be paid constitutes the assurance of the outstanding claims of creditors who have been pledged for their right to the right and shall not be paid to the right holder without their consent.

If the agreed price is not paid or secured, the creditor may be entitled to the registration of a mortgage at the same degree and order, rather than the upper right of the entitlement, the security of which the entitlement holder or the creditor entitled to this right is taken as security.

This mortgage shall be registered within three months of the expiry of the right of expiry.

Other provisions

Item 830- The amount of the price determined to be paid to the owner of the immovable property and the manner in which it is determined to be paid, and the agreements regarding the abolition of this amount and the initialization of the land shall be subject to the official form required for the establishment of the right of establishment and annotation may be given to the title deed.

Prompt before cycle; Terms & conditions

Item 831- If the holder of the right of right is severely exceeds the limits of their right to do so, or if it violates their contractual obligations substantially; The owner may demand the transfer of all rights and obligations due to the right of upholding.

Using the right

Item 832- Malik may demand the transfer of the right to the upper right provided that he has to pay a suitable price for the buildings that will be transferred to him. The defect of the right holder may be considered as a reason for the determination of the price.

The transfer of the right to the right of the upper right depends on the payment or the guarantee of the price.

Other conditions

Item 833- In case of breach of the obligations of the right holder, the power to terminate the right of the right before the term or to be reserved in favor of the owner in the contract shall be subject to the provisions of the transfer request before its term.

The assurance of the right to the right; The right to request mortgage

Item 834- Malik may request mortgages to be registered as immovable to the title deed for a maximum of three years’ period from the owner of the upper right of that date in order to secure the proceeds borrowed in return for the right of right.

Irat is not determined in the form of equal actions for each year; the registration of this statutory mortgage may be required for the amount to which it will fall to three years in equal distribution of the will.

Registration

Item 835- The mortgage may be registered at any time as long as the right to the upper right is maintained and shall not be abandoned on sale by execution.

Provisions relating to the establishment of mortgage mortgages are applied by comparison. 

Upper limit of time

Item 836- The right can be established for a maximum of one hundred years as an independent right.

The entitlement right can always be extended for a new period of up to a hundred years following the three-quarters of the period of time. The commitment made in this regard is not binding.

Resource right

Item 837- The right of easement over the source in the land of someone else obliges the owner of this land to bear the water and the discharge.

This right may be transferred to another person, unless otherwise agreed.

If the right to source is independent and it has been established for at least thirty years, it can be registered as immovable.

Other easement rights

Item 838- Malik may also establish other easement rights to serve a specific benefit, such as shot training or use as a sport field or gateway in favor of any person or community on the property.

These rights, unless otherwise agreed, are non-transferable and do not pass to the heirs. The scope of these rights shall be determined according to the ordinary needs of the beneficiary.

Provisions relating to easements in favor of the immovable property shall also apply to such easement rights.

THIRD PARTY – IMMOVABLE LOAD

Subject

Item 839- The immovable burden obliges the owner of an immovable property to give or to give something to another person to be responsible for that immovable.

As a rightful owner, the owner of another property may also be shown.

Without prejudice to the immovable burdens on public bill and public law, the subject of the immovable burden may only be a performance that meets the economic needs of the immovable that is derived from the economic nature of the immovable property.

Establishment and termination; Establishing; Registration and winning

Item 840- Registration of the land registry is essential for the establishment of the real estate.

The amount of the immovable burden is determined by the Turkish Lira or foreign currency. The amount to be shown in the record in the periodic acts is twenty times the annual performance, unless otherwise agreed.

On the contrary, if there is no provision, the provisions concerning the real estate ownership shall be applied in the acquisition and registration of the immovable burden.

Immovable burden on public law

Item 841- If there is no provision, it is not necessary to register the immovable burden of public law on land registry.

In cases where the law only authorizes the creditor to authorize the realization of the immovable burden, the immovable burden arises only by registration.

Establishment for assurance

Item 842- Provisions regarding the immovable burden established in order to secure a money receivable shall be applied.

its termination; generally

Item 843- The immovable burden terminates upon the cancellation of the registration or complete destruction of the immovable property.

The waiver, load recovery and other reasons for termination give the authorized immovable owner the right to request the release of the right holder. 

Load Recovery; Authorization of the creditor

Item 844- The creditor may request that the contractor be relieved of the burden, if the contract is authorized or if:

1. If the immovable property is divided in such a way as to significantly compromise the rights of the creditor;
2. If Malik lowers the value of the installed immovable and does not provide any other assurance;
3. If Malik didn’t perform the actions of three years in a row.

Authorized authority

Article 845 – It may require that the immovable be relieved of the burden if it is obliged, contracted, or in the following cases:

1. If the creditor does not comply with the contract establishing the immovable burden;
2. If it has been over thirty years from the date of installation, even if it has not been purchased or has been established for more than thirty years.

After thirty years have elapsed, the borrower can use the purchasing power and it depends on the creditor to inform it.

If the relocation was established in an unfavorable manner in favor of the immovable, it would not be desirable to liberate the loaded immovable from this burden.

Load recovery cost

Item 846- With the right to prove that the actual value is lower, the recovery from the load is carried out as the value of the immovable load in the amount shown in the land registry.

Time out

Item 847- The immovable load is not subject to time limit.

The actual acts are subject to the statute of limitations starting from the date of the debtor’s personal debt.

Rulings; The nature of the creditor’s right

Item 848- The immovable burden does not entitle the creditor to any personal claim against the debtor; it only authorizes to obtain the receivable from the value of the installed immovable.

Each act becomes a personal debt after three years from the due date and the immovable is no longer the guarantee of this debt.

Nature of the load

Item 849- If the real estate owner changes, the new owner shall be liable for the immovable burden without any further processing.

The provisions regarding the effect of the dividend on the immovable burden of the installed real estate shall apply.

Part Two – Pledge of Real Estate

FIRST DECEMBER – GENERAL PROVISIONS

Conditions; Types of immovable pledges

Item 850- Immovable pledges can only be established in the form of mortgages, mortgages or bonds.

Assured credit; Mainstream

Item 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

Item 852- Without prejudice to the restrictive provisions, the parties may decide the interest rate as they wish.

Immovable; Being a subject

Item 853- The right of pledge can only be established on immovables registered to the land registry.

certainty; If the immovable is single

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 875- The assurance that the real estate pledge provides to the creditor is as follows:

1. The main money,
2. Follow-up expenses and delay interest,
3. 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

Item 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

Item 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

Item 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

Item 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

Item 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 AYIRIM – MORTGAGE

Purpose and qualification

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 893- The following creditors may request the registration of the statutory mortgage:

1. On sale of the real estate sold to the seller,
2. Together with the owners of inheritance or other cooperation partners,
3. 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

Item 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

Item 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

Item 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

Item 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

Item 898- A mortgage-backed bond generates a personal receivable secured by the immovable property.

Appraisal

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 909- Mortgage bonds and stocks cannot contain conditions and counter performance records.

The relationship of the bond with the debt

Item 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

Item 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

Item 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

Item 913- The forms of mortgages and bonds are determined by the statutes.

Identifying the creditor; During editing

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 930- Nama or pregnant written bonds can be secured by immovable pledges in the following cases:

1. 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,
2. 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 942- The creditor can only pledge the pawn with another of the hostages.

Expiration; Loss of possession

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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 AYIRIM – REPLACE ON CLAIMS AND OTHER RIGHTS

generally

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 960- The power to represent pledged share certificates in the general assembly of shareholders is not the creditor, but the shareholder.

Administration and payment

Item 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

Item 962- Those who wish to engage in lending in exchange for a movable pledge shall be authorized by the competent authority.

Süre

Item 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

Item 964- A pledge is established by handing over the pledged carriage to the company and receiving a receipt in return.

Rulings; Money Exchange

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 975- One person who directly maintains his actual domination in one thing is a direct zilyet;

temporary interruption

Item 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

Item 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

Item 978- Delivered to the agent passes the possession as if it were made to be represented.

Non-delivery transfer

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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:

1. Ownership,
2. Easement burden on the immovable property or on the immovable rights established on the other immovable in favor of the immovable,
3. 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

Item 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

Item 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

Item 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

Item 1004- The immovables are registered in the land registry of the region where they are located.

Multiple regions

Item 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

Item 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

Item 1008- The following rights for the immovable property are registered in the land registry:

1. Ownership,
2. Entitlement rights and immovable cargoes,
3. Pledge rights.

Commentaries; Personal rights

Item 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

Item 1010- Savings authorization restrictions based on the following reasons may be given to the title deed:

1. Court decisions on the protection of contentious rights,
2. The period of foreclosure, bankruptcy decision or concordat,
3. 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 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

Item 1028- 17 The Turkish Civil Code 1926 dated February 743 has been repealed.

Force

Item 1029- This Law enters into force on 1 January 2002.

Executive

Item 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