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TURKISH CIVIL LAW

Law Number

: 4721
Acceptance Date
: 22/11/2001
Official Gazette Published : Date : 8/12/2001
Published Code
: Order : 5

Issue : 24607
Volume : 41

Status: “Effectiveness and Implementation of the Turkish Civil Code” dated 3/12/2001 and numbered 4722
Pursuant to Article 22 of the Law on Form; until new regulations are made,
the provisions of the current statutes and regulations that are not contrary to the Turkish Civil Code.
Since its implementation will continue, the "College of Regulations" and "Regulations", when necessary
In the numerical index of the corpus which is organized according to the laws (according to the Law No. 743), numbered 4721
For the regulation put into effect on the basis of the law, the numerical data arranged according to the Law No. 4721
see index.
For the provisions of the Law dated 17/2/1926 and numbered 743, which has been repealed,
Volume 2, page 1299 of the Abolished Provisions of Some Laws and continued with the number 4721.
For the repealed provisions of the law, see page 1304-135 and on.
START
A. Law enforcement and sources
Article 1 - The law is applied in all matters that it deals with verbally and in substance .
If there is no enforceable provision in the law, the judge, according to the customary law,
If he were a legislator, he would decide according to what rule he would make.
The judge makes use of scientific opinions and judicial decisions while making a decision.
B. Scope of legal relations
I. Acting with integrity
Article 2 - Everyone is obliged to follow the rules of honesty while exercising their rights and fulfilling their obligations.
has to comply.
The legal order does not protect the open abuse of a right.
II. Goodwill
Article 3- In cases where the law imposes a legal consequence on goodwill, the main thing is that goodwill
existence.
However, a person who does not show the care expected from him according to the requirements of the situation
cannot claim.
III. Judge's discretion
Article 4 - Considering the requirements of the situation or justifiable reasons, which the law gives discretionary power
The judge decides in accordance with the law and equity on the issues he orders to keep before him.

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C. General provisions
Article 5 - General provisions of this Law and the Code of Obligations, to the extent appropriate
It applies to all private law relationships.
D. Rules of proof
I. Burden of proof
Article 6 - Unless there is a contrary provision in the law, each party may
responsible for proving the existence of the facts.
II. Proof with official documents
Article 7 - Official registers and promissory notes constitute proof of the accuracy of the facts they document.
Proof that their content is not correct, unless there is another provision in the law,
It does not depend on any form.
BOOK ONE
LAW OF PERSONS
PART ONE
REAL PEOPLE
FIRST PART
PERSONALITY

A. In general
I. Entitlement
Article 8 - Every person has a legal capacity.
Accordingly, all people, within the limits of the legal order, are competent in rights and obligations.
they are equal.
II. Verb capacity
1. Scope
Article 9 - A person who has the capacity to act can acquire rights and be indebted by his own actions.
can enter.
2. Terms
a. generally
Article 10 - Every adult person who has the power to distinguish and is not limited has the capacity to act.
b. Puberty
Article 11 - Adulthood begins with the age of eighteen.
Marriage makes a person mature.
c. maturity
Article 12 - A minor, who has completed the age of fifteen, becomes an adult by the court at his own request and with the consent of his parents.
can be made.

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D. discrimination power
Article 13- Due to under-age or mental illness, mental weakness, drunkenness or
not incapable of acting in a reasonable manner for any of such reasons
everyone has the power to discern according to this Law.
III. incompetence Fiil
1. In general
Article 14- Those who do not have the power to discriminate, minors and persons with disabilities do not have the capacity to act.
2. Lack of discriminating power
Article 15- Discrimination power, without prejudice to the discrete cases indicated in the law
The actions of a person who is not present do not have legal consequences.
3. Minors and the limited with the power of discernment
Article 16- Minors and restricted persons who have the power to discriminate, consent of their legal representatives
Unless they do, they cannot enter into debt with their own transactions. Unrequited and close to the person
This consent is not required in exercising the rights.
Minors and persons with the power of discernment are liable for their wrongful acts.
IV. kinship
1. blood kinship
Article 17- The degree of blood kinship is determined by the number of births that connect the kin.
Superline-bottom lineage relationship between people, one of whom is descended from the other; though one does not come from the other,
There is a kinship relationship between people coming from a common root.
2. Beech kinship
Article 18- Blood relatives of one of the spouses and the other spouse, in-law relatives of the same type and degree
happens.
The in-law relationship does not disappear with the end of the marriage that created it.
V. Place of residence
1. Definition
Article 19- Settlement is a place where a person resides with the intention of staying permanently.
A person cannot have more than one place of residence at the same time.
This rule does not apply to commercial and industrial establishments.
2. Change of residence and place of residence
Article 20- Changing a settlement depends on the acquisition of a new one.
Although his previous place of residence is unknown or he left his place of residence in a foreign country
The place of residence of a person who has not yet acquired a settlement in Turkey is considered a settlement.
3. Legal place of residence
Article 21- Place of residence of the child under custody, mother and father; your parents
If there is no common residence, it is the residence of the mother or father to whom the child is left. Other
In such cases, the child's place of residence is considered his place of residence.
The place of residence of the persons under guardianship is the place where the guardianship authority is located.

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4. Presence in institutions
Article 22- Being in a place to attend an educational institution or education, health,
Being placed in a care or penal institution does not result in acquiring a new settlement.
B. Protection of personality
I. Against renunciation and excessive restraint
Article 23- No one can renounce his rights and capacity to act, even partially.
No one may renounce their freedom or violate them against the law or morals.
cannot limit.
Receipt, vaccination and transport of biological materials of human origin upon written consent
possible. However, the fulfillment of his obligation from the one who has been obliged to give biological Substance
undesirable; material and moral compensation cannot be claimed.
II. against attack
Principle 1
Article 24- The person whose personal right is attacked unlawfully, from the judge,
may seek protection against those present.
The consent of the person whose personal right is violated, superior private or public benefit or
personal rights, unless justified by one of the reasons for the exercise of the authority granted by law.
Every attack is against the law.
2. Lawsuits
Article 25- Plaintiff asks the judge to prevent the danger of attack, to end the ongoing attack.
determination of the illegality of the attack whose effects continue even though it has ended.
may want.
The claimant, together with these, is notified of the correction or decision to third parties, or
may also be requested for publication.
Claimant's claims for pecuniary and non-pecuniary damages and unlawful attack.
in the request regarding the payment of the earned income to him in accordance with the provisions of working without a power of attorney.
the right to be found is reserved.
The non-pecuniary damage request cannot be transferred unless accepted by the other party; heir
It does not pass to the heirs unless it is claimed by the heirs.
Plaintiff's own domicile or domicile of the defendant for the protection of personality rights
can sue in court.
III. right on name
1. Protection of the name
Article 26- The person whose name is controversial can sue for the determination of his right.
The person whose name is used unfairly must be terminated; If the wrong user is at fault, also
compensation for material damage and moral compensation if the nature of the injustice requires
may request payment.
2. Changing the name
Article 27- Changing the name can only be requested from the judge based on justified reasons.
The name change is registered and announced in the population registry.
Personal status does not change by changing the name.

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The person who suffers from the change of name, within one year from the day he learns about it.
can sue for the cancellation of the replacement decision.
C. Beginning and end of personality
I. Birth and death
Article 28- Personality begins when the child is born fully alive and ends with death.
The child acquires the legal capacity from the moment he is conceived, provided that he is born alive.
II. Proof of life and death
1. Burden of proof
Article 29- In order for a right to be exercised, a person is alive or dead or a certain
a person who claims to have been alive at the time or in the death of another person,
has to.
If it cannot be proved which of more than one person died before or after, all of them at the same time.
is considered dead.
2. Proof tools
a. generally
Article 30- Birth and death are proved by the records in the civil registry.
If there is no record in the civil registry or it is understood that the record found is not correct, the real situation
can be proved by any kind of evidence.
b. presumption of death
Article 31- If a person disappears in situations that require certainty about his death,
Even if his body has not been found, he is considered truly dead.
III. absence decision
1. In general
Article 32- Lost in danger of death or who has been in the news for a long time.
If there is a strong probability of the death of a person who cannot be
Upon his application, the court may decide on the absence of this person.
Competent court, the person's last place of residence in Turkey; if he has never settled in Turkey
place of registration in the civil registry; If there is no such record, the mother or father is registered.
ground court.
2. Proceedings
Article 33- In order for the decision of absence to be requested, at least one year or more after the danger of death.
At least five years must have passed since the last news date.
The court, within a certain period of time, can determine the persons who have information about the person whose absence will be decided.
invites them to give information with a duly made announcement.
This period is at least six months starting from the day of the first announcement.
3. Drop of prompt
Article 34- The person whose absence will be decided will appear before the expiry of the announcement period or
If news is received or the date of death is determined, the request for absence will be dropped.

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4. Provision
Article 35- If no results can be obtained from the announcement, the court decides on the absence and the death-related rights,
it is used as if the death of the absent has been proven.
Beginning from the day when the death threat occurred or the last news was received.
gives judgment.
SECOND PART
PERSONAL STATUS REGISTER
A. In general
I. Registry
Article 36- Personal situation is determined by the official registry kept for this purpose.
The principles regarding keeping this registry and making mandatory notifications are set out in the relevant law.
is displayed.
II. Officials
Article 37- The personal status record is kept by the officials appointed by the State. Registry records
It is the duty of these officers to keep and set an example.
Authorization of civil registry to the representatives of Turkey in foreign countries with the approval of the Presidency.
can be given. (one)
III. Responsibility
Article 38- Damages arising from keeping the personal status record, provided that the defective officer is recoursed,
It is compensated by the state.
Compensation and recourse lawsuits are filed in the court of the place where the personal status register is kept.
IV. Correction
1. In general
Article 39- Unless there is a court decision, no correction can be made in any record of the personal status record.
2. In sex change (2)
Article 40- The person who wants to change his/her gender can be determined by the court by applying personally.
may request that the change be allowed. However, in order for the permission to be granted, the applicant must have completed the age of eighteen.
being present and not married; It is also transgender in nature and it is important to note that gender reassignment
documenting the obligation (…) (2) with an official health board report to be obtained from a training and research hospital
is essential. (2nd)
Depending on the permission given, a gender reassignment surgery in accordance with the purpose and medical methods
If it is confirmed by the official health board report that the
correction is made.
B. Birth register
I. Notification
Article 41- Birth notifications and procedures regarding children whose identity is found unknown
made in accordance with the provisions of the relevant law.

__________________
(1) With the 139th article of the Decree Law No. 700 dated 2/7/2018, the “Ministry of Foreign Affairs” in this paragraph
proposal, the participation of the Ministry of Interior and the expression of the Prime Minister's Office as "the Presidency".
has been changed.
(2) The Constitutional Court's decision dated 29/11/2017 published in the Official Gazette dated 20/3/2018 and numbered 30366
E.: 2017/130, K.: With the Decision numbered 2017/165, in the second sentence of the first paragraph of this article, “…and
the statement that he was permanently deprived of the ability to reproduce…” has been cancelled.

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II. Changes in the birth register
Article 42- Changes in personal situation, especially recognition of a child out of wedlock or
judge's decision on paternity, correction of paternity, adoption or a found child
Determination of paternity is recorded in the register in accordance with the provisions of the relevant law.
C. Death log
I. Notification of death
Article 43- Notifications regarding deaths are made in accordance with the provisions of the relevant law.
II. Person whose body was not found
Article 44- A person may disappear in situations that require certainty to be considered for his death.
If he is lost, even if his body has not been found, the dead were recorded in the log by the order of the highest civilian authority of that place.
is lowered.
However, each interested party may sue the court's determination that this person is dead or alive.
can.
III. absence decision
Article 45- The decision of absenteeism is registered in the death register upon the notification of the judge.
IV. Logging of changes
Article 46- It is determined that a notification that is the basis of registration is not correct or to whom it belongs.
due to the identity of the unknown corpse or the removal of the decision of absence.
Mandatory changes are made by writing in the comments column of the record of the person concerned.
PART TWO
LEGAL ENTITIES
FIRST PART
GENERAL PROVISIONS
A. Legal entity
Article 47- Groups of people organized to have an existence in their own right and for a certain purpose
independent property groups that have been designated as legal entities in accordance with the special provisions concerning them.
they win.
Persons and property groups whose purpose is against the law or morality cannot acquire legal personality.
B. Entitlement
Article 48- Legal entities are dependent on human-specific qualities such as gender, age, and kinship.
They are entitled to all rights and obligations except those.
C. Verbal capacity
Condition I
Article 49- Legal entities have the necessary organs according to the law and establishment documents,
they gain the license to act.
II. Using
Article 50- The will of the legal person is expressed through its organs.

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Bodies put the legal person under debt with their legal transactions and all other acts.
Organs are also personally responsible for their defects.
D. Domicile
Article 51- The place of residence of the legal person, unless there is another provision in the establishment document.
where their business is managed.
E. Dissolution of personality
I. Limited attendance
Article 52- Liquidation of the terminated legal entity, limited to its capacity for liquidation purposes.
continues during.
II. Liquidation of assets
Article 53- The liquidation of the assets of the legal person is contrary to the law and the establishment document.
unless it is found, it is done according to the provisions regarding the official liquidation of the estate.
III. Assignment of assets
Article 54- The assets of the legal person, another provision in the law or incorporation document.
public institution with the closest purpose, unless its authorized body decides otherwise.
or to the institution.
This asset is used for the purpose for which it was previously allocated to the extent possible.
A legal entity whose personality is terminated by a court decision because it pursues an unlawful or immoral purpose.
In any case, the person's assets are transferred to the relevant public institution.
F. Reserved provisions
Article 55- The provisions of the law on public legal entities and commercial companies are reserved.
SECOND PART
ASSOCIATIONS
A. Establishment
I. Definition
Article 56- Associations, real or legal, at least seven persons other than profit sharing, certain and
by continuously combining their knowledge and studies to achieve a common goal.
are groups of persons with legal personality. (one)
An association cannot be established for purposes contrary to law or morality.
II. 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.
III. Charter
Article 58- Each association has a statute.
In the charter of the association, the name of the association, its purpose, (...) (2) income sources, membership conditions, organs and
organization and the temporary board of directors must be shown.
The charter of the association cannot be contrary to the mandatory provisions of the law.
The provisions of the law are applied in matters that are not regulated in the statute of the association.
__________________
(1) The phrase “at least seven real persons” in this paragraph is used in Article 31 of the Law No. 4963 of 30/7/2003.
was changed to "at least seven natural or legal persons" and was included in the text.
(2) In the meantime, the phrase “settlement, founders” is included in the 38th article of the Law No. 5253 of 4/11/2004.
was removed from the text of the article.

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IV. Acquisition of legal personality
1. The moment to win
Article 59- Associations shall submit the notice of establishment, the statute of the association and the necessary documents.
As soon as they give their place to the highest civil authority of the place where they are located, they gain legal personality.
The content of the incorporation notice and the necessary documents are included in the regulation.
is displayed.
2. Review
Article 60- The declaration of establishment, the accuracy of the documents and the charter of the association, the highest civilian authority
reviewed by the file within sixty days.
Unlawfulness in the declaration of establishment, in the statute and in the legal status of the founders or
If deficiencies are detected, their elimination or completion is immediately requested from the founders.
The deficiencies stated within thirty days starting from the notification of this request shall not be completed and will not be complied with the law.
if the violation is not remedied; the highest civil authority, the dissolution of the association in the authorized court of first instance
notifies the Public Prosecutor's Office to file a lawsuit. public prosecutor from the court
may also request that the association's activities be suspended.
There is no illegality or deficiency in the notice of establishment, statute and documents, or
if this contradiction or deficiency is found to be corrected within a certain period of time; immediately to the association in writing
and the association is registered in the associations registry.
3. Announcement of the charter of the association
Article 61- (Repealed: 4/11/2004-5253/38 art.)
4. First general assembly meeting
Article 62- (Amended: 4/11/2004-5253/38 art.)
Associations, six months following the written notification made pursuant to the last paragraph of Article 60.
They are responsible for holding the first general assembly meetings and forming their mandatory organs.
B. Membership
I. Acquisition
Rule 1
Article 63- No one is allowed to become a member of an association and no association to accept a member.
cannot be forced.
2. Terms
Article 64- Every real person and legal persons with legal capacity to be a member of associations
has the right. (one)
The membership application to be made in writing, (...) (2) is determined by the board of directors of the association for a maximum of thirty days.
and the result is notified to the applicant in writing. The member whose application has been accepted
recorded in the ledger to be kept for the purpose.
II. expiration
1. Spontaneous
Article 65- Those who subsequently lose the qualifications sought in the law or bylaw for membership.
Association membership terminates automatically.
2. With Exit
Article 66- No one can be forced to remain a member of the association. Each member (...) (1) in writing
has the right to leave the association, provided that
__________________
(1) With the article 32 of the Law No. 4963 dated 30/7/2003, the first paragraph of the article 64
The phrase "with legal entities" has been added to come after the phrase "natural person"; With article 33, article 66
The phrase "six months in advance" in the article has been removed from the text of the article.
(2) In the meantime, the phrase “if there is no other regulation in the statute” is the same as the Law No. 5253 dated 4/11/2004.
It has been removed from the text of the article with the 38th article.

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3. With Removal
Article 67- The reasons for expulsion of members may be indicated in the Bylaws .
If the reasons for removal are shown in the statute, these reasons cannot be considered justified in the decision to dismiss.
claim cannot be challenged.
If dismissal is not regulated in the statute, a member can only be removed for just cause. This removal decision
An objection may be made on the grounds that there is no just cause.
III. Scope
1. Rights of members
a. equality principle
Article 68- The members of the association have equal rights. Association, between its members language, race, color,
gender, religion and sect, family, group and class cannot be distinguished; breaking the tie or giving some members this
It cannot make applications that give privileges for reasons.
Every member has the right to participate in the activities and management of the association.
A member who leaves or is expelled from the association cannot claim any rights in the assets of the association.
b. Suffrage
Article 69- Each member has one vote in the general assembly; member, using the game personally
has to.
Honorary members are not entitled to vote.
2. Obligations of members
a. Debt to pay
Article 70- The debt of the members to pay the dues is regulated by the statute. If there is no regulation in the bylaw, members,
Equal to the compulsory dues for the realization of the purpose of the association and to meet its debts
they attend. The member who leaves or has been expelled from the association, to pay the fee for the time he has been a member.
has to.
Honorary members do not have to pay dues.
b. 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 responsible for acting in accordance with the purpose of the association, especially if it makes it difficult to achieve the purpose.
or refrain from disruptive behavior.
C. Organs
I. In general
Article 72- Mandatory organs of the association are the general assembly, the board of directors and the supervisory board.
Associations may establish other bodies apart from their compulsory bodies. However, these organs
Duties, powers and responsibilities of compulsory bodies cannot be transferred.

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II. General Assembly
1. Nature and formation
Article 73- The general assembly is the most authorized decision-making body of the association; consists of registered members of the association.
2. Gathering
a. ordinary meeting
Article 74- The general assembly convenes upon the call of the board of directors at the time specified in the statute.
(Amended second paragraph: 4/11/2004-5253/38 art.) Ordinary general assembly meetings are held no later than three times.
must be done annually.
b. extraordinary meeting
Article 75- In cases deemed necessary by the general assembly, board of directors or supervisory board, or
An extraordinary meeting is convened by the board of directors upon the written application of one-fifth of the members of the association.
is called.
If the board of directors does not call the general assembly for a meeting; upon the application of one of the members
The judge assigns three members to call the general assembly meeting.
c. Decisions taken without meeting or call
Article 76- With the decisions taken with the written participation of all members without coming together, the association
decisions taken by all of its members by meeting without complying with the call procedure written in the law.
valid.
Taking decisions in this way does not replace the ordinary meeting.
3. Call to meeting
Article 77- The general assembly is called to the meeting at least fifteen days in advance by the board of directors. It
purpose of the meeting date, time, place and agenda of the (...) (1) members of the (...) (1) reported.
Issues regarding the method of calling the meeting and the postponement of the meeting are regulated by a regulation.
4. Meeting place and meeting quorum
Article 78- General assembly meetings are held at the headquarters of the association, unless otherwise stipulated in the statute.
done in its place.
The general assembly is held by the absolute majority of the members entitled to attend, by the amendment of the statute and the association's
in cases of annulment, it meets with the participation of two thirds; due to the lack of a majority
In case of postponement, majority is not sought in the second meeting. However, the number of members attending this meeting,
Board of directors and supervisory boards cannot be less than twice the total number of members.
The general assembly meeting cannot be postponed more than once.
5. Meeting procedure
Article 79- After the opening of the general assembly meeting, a chairman shall be appointed to manage the meeting.
and enough vice presidents and clerks are elected.
Only the items on the agenda are discussed at the general assembly meeting. However, at the meeting
The issues that are requested in writing to be discussed by at least one tenth of the members present are on the agenda.
is required to be taken.
(Repealed third paragraph: 4/11/2004-5253/38 art.)

______________
(1) In the meantime, the phrase “announced in a local newspaper and also in a letter to members”,
(It is announced in a local newspaper in Article 38 of the Law No. 5253 of 4/11/2004 and at the same time
with a letter” has been removed from the text of the article.)

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6. Duties and powers of the general assembly
Article 80- The general assembly makes the final decision on admission to membership and removal from membership; society
selects the organs of the association and performs the works that have not been given to another organ of the association.
The general assembly inspects the other organs of the association and always dismisses them for justified reasons.
can take.
7. General assembly resolutions
a. Decision quorum
Article 81- General assembly resolutions are taken by the absolute majority of the members attending the meeting. so far
that the bylaw changes and the dissolution decisions of the association are made only by two-thirds of the members attending the meeting.
available to the majority.
b. deprivation of the right to vote
Article 82- No member of an association may enter into a relationship between the association and himself, his spouse, parent and descendant.
cannot vote in the decisions to be taken regarding legal proceedings or disputes.
(Additional paragraph: 30/7/2003-4963/34 art.) The above also applies to the person who will vote on behalf of the legal entity .
clause is applied.
c. Cancellation of decision
Article 83- The general assembly that was present at the meeting and was held in violation of the law or the statute
Each member who does not participate in its decisions, within one month from the date of the decision; not present at the meeting
within one month of each member's learning of the decision, and in any case three months from the date of the decision.
may request the annulment of the decision by applying to the court.
Action for annulment against the decisions of other bodies, unless internal control means are exhausted
cannot be opened.
The cases where the resolutions of the general assembly are deemed null and void with absolute nullity are reserved.
III. Board of Directors
1. Formation
Article 84- The board of directors shall not be less than five principal and five substitute members in the charter of the association.
consists of the specified number of 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 convened by the remaining members of the board of directors or the supervisory board within one month.
is called. If the call is not made, upon the request of one of the members, the magistrate may present three members to the general assembly.
appoints him to call a meeting.
2. Duties
Article 85- The board of directors is the executive and representative body of the association; this duty to the law and
in accordance with the bylaws of the association.
The duty of representation may be given to one of the members or to a third person by the board of directors.
IV. supervisory board
Article 86- Supervisory board, not less than three original and three substitute members, in the charter of the association.
consists of the specified number of members.
The supervisory board performs its supervisory duty in accordance with the principles and procedures specified in the statute of the association;
presents the audit results to the board of directors and the general assembly with a report.

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D. Expiration
I. Spontaneously
Article 87- Associations are automatically terminated in the following cases:
1. The realization of the purpose, the impossibility of its realization or the expiration of the period,
2. The first general assembly meeting was not held within the time stipulated by the law and the mandatory organs
not created,
3. Being incapable of paying debts,
4. It has become impossible to form the board of directors in accordance with the regulation,
5. Failure to hold the ordinary general assembly meeting twice in a row.
Each interested person may request from the magistrate to determine that the association has dissolved on its own.
II. With the decision of the general assembly
Article 88- The general assembly may decide to dissolve the association at any time.
III. With court desicion
Article 89- If the purpose of the association becomes against the law or morality; public prosecutor's
or upon the request of a relevant person, the court decides to dissolve the association. During the trial, the court
takes all necessary measures, including restraint from activity.
E. Activities of associations
I. In general
Article 90- Associations, in order to realize their objectives, work as specified in their statutes.
they operate in accordance with their subjects and forms.
Provisions of private law of public law nature related to prohibited or permit-related activities
reserved.
In case of violation of the prohibitions and restrictions regarding the activities of the association, the Public Prosecutor's Office
At the request of the court, a decision to suspend the activity may be made.
II. international activity
1. Freedom of activity
Article 91- (Amended: 2/1/2003-4778/34 art.)
Associations engage in international activities and activities in order to achieve the objectives indicated in their statutes.
They may cooperate, open branches abroad, and establish associations or associations established abroad.
organizations as members.
2. Foreign associations
Article 92- (Amended: 2/1/2003-4778/35 art.)
Foreign associations, (...) (1) The Ministry of Internal Affairs by taking the opinion of the Ministry of Foreign Affairs.
They can operate and cooperate in Turkey with their permission, open branches, establish superior organizations and
They can join established top organizations.
III. The right of foreigners to form associations
Article 93- Foreign real persons who have the right to settle in Turkey, (...) (1) association
They can establish or become a member of established associations.
This condition does not apply to honorary membership.
__________________
(1) In cases where it is deemed beneficial to cooperate in the international arena in Article 92 and to be reciprocal.
with the phrase "on condition that it is reciprocal" in Article 93, dated 4/11/2004 and
It has been removed from the text of the article with the 38th article of the Law No. 5253.

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F. Organization of associations
I. Branch openings
1. Establishment
Article 94- Associations may open branches in places deemed necessary by the decision of the general assembly. It
For this purpose, the board of founders of at least three persons authorized by the board of directors of the association,
gives the branch establishment notification and the necessary documents to the highest civilian authority.
(Repealed second paragraph: 30/7/2003-4963/35 art.)
The content of the branch establishment notification and the required documents are shown in the regulation.
2. The organs of the branch and the provisions to be applied
Article 95- General assembly and board of directors and supervisory board or auditor in each branch
must be present.
This Law is about the duties and powers of these bodies and other matters related to branches.
provisions apply.
II. Establishing top organizations
1. Federation
Article 96- Federations, at least five associations with the same founding purposes,
It is established by coming together as a member to carry out the activities.
Each federation has a statute.
The largest property of the place of residence of the Federation, the declaration of establishment, the charter and the necessary documents.
It acquires legal personality by giving it to the superior.
2. Confederation
Article 97- Confederations shall fulfill the objectives of at least three federations with the same establishment purposes.
It is established by coming together as a member to carry out the activities.
Each confederation has a charter.
Confederation, establishment notice, statute and necessary documents are the largest property of the settlement.
It acquires legal personality by giving it to the superior.
3. Common provisions
Article 98- Associations, the federation they are affiliated with; federations to which they are affiliated
They are represented by at least three members in the general assembly of the confederation. Representative members concerned
They are elected by the general assemblies of associations and federations.
Provisions of this Law on other matters related to federations and confederations
is applied.
G. Association revenues
Article 99- Association incomes, member fees, as a result of the activities of the association or as a result of the association
It consists of income from assets, donations and aids.
H. Reserved provisions
Article 100- Private associations on public benefit associations and associations established by special laws
provisions are reserved.

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THIRD PART
FOUNDATIONS
A. Establishment
I. Definition
Article 101- Foundations, real or legal persons have sufficient property and rights in a certain and permanent
They are the groups of goods with legal personality formed by their purpose.
The whole of an asset or any income that has been realized or is expected to be realized, or
rights of economic value can be entrusted.
(Annulled third paragraph: Constitutional Court dated 17/4/2008 and E.: 2005/14, K.: 2008/92
by Decision No.)
The characteristics of the Republic determined by the Constitution and the basic principles of the Constitution, the law,
against morality, national unity and national interests, or against members of a certain race or community.
A foundation cannot be established to support it.
II. Form of establishment
Item 102- The will to establish a foundation is declared by an official deed or a testamentary disposition. Foundation,
It acquires legal personality upon registration in the registry held at the settlement court.
The establishment of a foundation with an official deed is done through a representative,
The property to be allocated for the purpose of the foundation is given with a document issued by a notary public.
and the rights are determined.
Applying to the court, if an official deed is issued by the donor; foundation to death
if it is based on disposition, upon the notification of the relevant persons or the magistrate who opened the will, or
It is made ex officio by the General Directorate of Foundations.
The applied court takes the necessary measures for the protection of property and rights ex officio.
III. Appeal and cancellation
Article 103- The decision of the court, within one month from the date of notification,
or by the General Directorate of Foundations.
General Directorate of Foundations or those concerned, the existence of reasons preventing the establishment of the foundation.
they can file an action for annulment.
IV. Registration and announcement
Article 104- The foundation, whose registration is decided, is kept before the court of the settlement of the foundation.
registered in the registry; also registered in the central registry kept at the General Directorate of Foundations.
If the registration decision has been given by another court, the foundation must be submitted for registration together with the relevant documents.
sent to the settlement court.
Upon the notification of the settlement court, the Central Directorate of Foundations
The foundation registered in the registry is announced in the Official Gazette.
Registration and announcement are made in accordance with the provisions of the regulation issued by the President. (one)
V. Acquisition of property and rights and liability
Article 105- The ownership and rights of the reserved goods pass to the foundation upon the acquisition of legal personality.
The court that decided on the registration requires that the donated immovable be registered in the name of the foundation legal entity.
reports to the administration.
The liability of the foundation established with the death-related disposition from the debts of the inheritor, the allocated property and
limited by rights.

––––––––––––––
(1) With the 139th article of the Decree Law dated 2/7/2018 and numbered 700, the phrase “regulation” in this paragraph
It has been changed to “Regulations issued by the President”.

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B. Deed of foundation
I. Content
Article 106- In the foundation deed, the name of the foundation, its purpose, the goods and rights reserved for this purpose, the foundation's
organization and management type and the place of residence are shown.
II. shortcomings
Article 107- In the foundation deed, the purpose of the foundation and the goods and rights allocated for this purpose are sufficiently determined.
other deficiencies do not necessitate the rejection of the application made for the foundation to acquire legal personality.
Such deficiencies can be completed by the court before the registration decision is made;
after the establishment, upon the application of the supervisory authority, if possible, by taking the opinion of the donor.
It is completed by the court of the settlement of the foundation.
The property and rights allocated to the foundation whose registration is requested through death-related disposition will not lead to the realization of the purpose.
if not enough; These properties and rights, unless the donor has declared a contrary will,
It is allocated to a foundation with a similar purpose by the judge, taking the opinion of the supervisory authority.
C. Right of action of heirs and creditors
Item 108- The heirs and creditors of the donor are entitled to donations and death-related savings.
In accordance with the relevant provisions, litigation rights are reserved.
D. Organization of the foundation
I. In general
Article 109- It is obligatory for the foundation to have a governing body. The donor, in the foundation deed
It can also show other organs that it deems necessary.
II. Aid Foundation for Employees and Workers
Article 110- The managers of the charity foundations for the employed and the workers, the beneficiaries, the foundation's
They are obliged to provide the necessary information about the organization, its functioning and financial situation.
Employees and workers who pay the foundation are entitled to the management at least at the rate of their payment.
They participate and elect their representatives as far as possible from among themselves.
The portion of the foundation's assets to be provided by the payments to be made by the employees and workers
consists of a receivable of the foundation against the employer, but sufficient security has been provided for this receivable
depends on it.
The beneficiaries can demand the fulfillment of the foundation's performance through lawsuits,
It depends on whether or not they are granted this right by the provisions regulating the foundation.
Participation of the beneficiaries in the management of the charity foundations for the employed and the workers and
Changes to be made in the provisions regarding the conditions of benefiting, according to the foundation deed, the authorized
upon the request of the body, after the written opinion of the supervisory authority, the court of the settlement
is decided.
E. Audit
Article 111- Whether the foundations fulfill the provisions of the foundation deed,
whether they manage their properties in accordance with the purpose and whether they manage their foundation incomes in accordance with the purpose.
Whether they spend or not is audited by the General Directorate of Foundations and their higher institutions. top of foundations
institutions are subject to the provisions of special laws.

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(Repealed second paragraph: 20/2/2008-5737/80 art.)
F. Change of management, purpose and property
I. Change of management (1)
Article 112- If there are justified reasons, the request of the court, the management body of the foundation or the supervisory authority
can change the organization, management and operation of the foundation after receiving the written opinion of the other.
Upon the application of the supervisory authority, the court (...) (1) held a hearing and
He can dismiss him and choose a new one if there is no other provision in the foundation deed.
II. Change of purpose and goods
Article 113- Due to the changes in the situation and conditions, it depends on the purpose written in the foundation deed.
If the stay of the foundation has become incompatible with the wish of the donor, the court is the governing body of the foundation.
or after obtaining the written opinion of the other on the application of the supervisory authority, the purpose of the foundation
can change.
Conditions that significantly hinder or hinder the realization of the purpose, and
The same provision shall apply to the abolition or change of obligations.
The replacement of the goods and rights that are specific to the purpose with more useful ones or the money
the court, the foundation's governing body or the supervisory authority
may authorize the necessary change after receiving the written opinion of the other on his/her application.
G. Annual report
Article 114- In the first three months of each calendar year, the governing body of the foundation
notifies the supervisory authority of its assets and its work in a report and confirms that the situation is appropriate.
enables publication.
H. Temporary suspension from activity
Article 115- The Ministry of Interior, in the cases stipulated in the Constitution and in accordance with the determined procedures.
In addition, by taking the opinion of the supervisory authority, until a decision is made by the court,
may temporarily suspend the activity and apply to the court immediately. Without delay, the judge
decides.
I. Termination of the foundation
Article 116- It is impossible to realize the purpose and it is not possible to change it.
If it is not found, the foundation automatically terminates and is deleted from the registry by court decision.
It is understood later that it has a prohibited purpose or is engaged in prohibited activities, or whose purpose is
if it is not possible to change the purpose of the subsequently banned foundation; foundation, supervisory authority
or upon the application of the Public Prosecutor, a hearing is held and distributed.
J. Other provisions
Article 117- The provisions of acquisition by possession on the properties of foundations are not applicable.
Provisions for associations to engage in international activities and establish a parent organization
It is also applied to foundations by analogy.
Private law regarding foundations that are beneficial to the public or established by private laws.
provisions are reserved.
––––––––––––––––––
(1) With the decision of the Constitutional Court dated 27/11/2007 and numbered E.:2002/162, K.:2007/89; second of this article.
The phrase “…for the reasons stated in the statute…” in the paragraph has been cancelled.

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BOOK TWO
FAMILY LAW
PART ONE
MARRIAGE LAW
FIRST PART
MARRIAGE
FIRST SECTION
Engagement
A. Engagement
Item 118- Engagement takes place with the promise of marriage.
Engagement does not bind the minor or the restricted person unless the legal representatives consent.
B. Provisions of engagement
I. Absence of a lawsuit
Item 119- Engagement does not give the right to sue to force marriage.
The withdrawal compensation or penalty stipulated for the avoidance of marriage cannot be sued;
however, the payments made are also non-refundable.
II. Consequences of breaking the engagement
1. Financial compensation
Item 120- If one of the engaged ones broke the engagement without just cause, or the engagement
if it is broken for a reason attributable to one of the parties; the offending party, honesty with the other
expenditures and financial sacrifices made within the framework of the rules of marriage and for the purpose of marriage.
obliged to provide appropriate compensation in return. The same rule applies to engagement expenses.
is applied.
The parents of the party who has the right to claim compensation or those who act like them are also entitled to compensation.
Under the circumstances, they may seek appropriate compensation for their expenses.
2. Moral compensation
Item 121- The party whose personal rights were attacked due to the deterioration of the engagement
On the other hand, he may request the payment of an appropriate amount of money as moral compensation.
III. Return of gifts
Item 122- If the engagement ends for a reason other than marriage,
what is unusual for parents or those who act like them, to the other fiancé.
Gifts can be claimed back by the givers.
If the gift cannot be returned in kind or in kind, the provisions of unjust enrichment apply.
IV. Time out
Article 123- The rights of litigation arising from the termination of the engagement, one year after the termination
expires.

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SECOND SECTION
MARRIAGE LICENSE AND OBSTACLES
A. Conditions of the license
I. Age
Item 124- Man or woman cannot get married until they reach the age of seventeen.
However, in extraordinary situations and for a very important reason, the judge
may allow a man or woman to marry. Whenever possible, before the decision, the mother and father or
guardian is heard.
II. discrimination power
Item 125- Those who do not have the power to distinguish cannot marry.
III. Permission of the legal representative
1. About minors
Item 126- The minor cannot get married without the permission of his legal representative.
2. About the Restricted
Item 127- Restricted cannot marry without the permission of his legal representative.
3. Applying to court
Item 128- The judge shall assign the legal representative who does not allow marriage without just cause.
After listening to this issue, the applicant may allow the minor or restricted person to marry.
B. Marriage barriers
I. Kinship
Article 129- Marriage between the following persons is prohibited:
1. Between the upper and lower descendants; between siblings; uncle, uncle, aunt and nieces and nephews
between,
2. Even if the marriage constituting the in-law relationship has ended, one of the spouses and the other
between its parent or descendant,
3. Between the adopter and the adopted child, or between one of them and the other's descendants and spouse.
II. previous marriage
1. Proof that it has ended
a. generally
Item 130- The person who wants to remarry cannot prove that his previous marriage has ended.
has to.
b. In case of absence
Article 131- Spouse of the person whose absence is decided, the court decided to annul the marriage
cannot remarry unless granted.
The spouse of the disappeared spouse can terminate the marriage with the application for absence or with a lawsuit to be filed separately.
may want.
Dissolution of the marriage with a separate lawsuit is requested from the court of the plaintiff's settlement.

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2. Waiting time for woman
Item 132- If the marriage has ended, the woman will have three hundred days from the end of the marriage.
can't get married until it passes.
Time ends with giving birth.
It is understood that the woman is not pregnant from the previous marriage or the spouses whose marriage has ended
In case they want to marry each other again, the court removes this period.
III. mental illness
Item 133- Mental patients, the official health board where there is no medical problem in their marriage
They cannot marry unless it is agreed with the report.
THIRD SECTION
MARRIAGE APPLICATION AND CEREMONY
A. Application
I. Application authority
Item 134- The man and woman who will marry each other, the place where one of them resides.
They apply to the civil service together.
The marriage officer, the mayor in places where there is a municipality, or the person he/she assigns for this job.
The civil servant is the headman in the villages.
II. shape
Item 135- The application is made verbally or in writing by the spouses .
III. documents
Item 136- Each of the men and women, the identity card and the birth registration sample, the previous marriage
If it has expired, the document related to it, if it is small or limited, the signature of its legal representative has also been approved.
Written permission document and health report showing that there is no disease preventing marriage.
must give it to the marriage officer.
IV. Examination and rejection of the application
Item 137- The marriage officer, the marriage application and the documents to be attached to it.
examines. If he sees a deficiency in the application, he completes it or has it completed.
If the application is not duly made or one of the ones to be married is not eligible to marry.
If it is understood that there is no legal obstacle to marriage or that there is a legal obstacle to marriage, the marriage application is rejected and
The situation is immediately notified in writing to the ones who will get married.
V. Objection and trial procedure against refusal
Item 138- Each of the ones to be married must go to the court against the rejection decision of the marriage officer.
can apply. The objection is examined on the document and a final decision is made.
However, against the refusal decisions regarding the existence of one of the reasons for absolute nullity,
cases are heard by the simple trial procedure (…) (1) . (one)
B. Marriage ceremony and registration
I. Conditions
1. Marriage permit
Item 139- If the marriage officer determines the existence of the marriage conditions or the decision of rejection
if it is canceled by the court, they will notify the date and time of the marriage or, if they wish, the permission to marry
issues the certificate.
––––––––––––––
(1) With the 31st article of the Law No. 6217 dated 31/3/2011, the "and the public prosecutor's
with the presence of” clause has been repealed.

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Marriage permit certificate is issued to those who will marry within six months starting from the date of issue.
It provides the right to marry in front of the marriage officer.
2. Failure to marry
Item 140- If it is understood that there are no conditions for marriage or the documents are given,
In the event that six months have passed from the beginning of the marriage, the marriage officer cannot perform the marriage ceremony.
II. Fabrication
1. Ceremony place
Item 141- The marriage ceremony, the marriage officer and the discrimination in the marriage office
It is made openly in front of two adult witnesses who have the power to do so. However, the ceremony was upon the request of those who would marry.
It can also be done in other places that the marriage officer deems appropriate.
2. The form of the ceremony
Item 142- The marriage officer is responsible for each of those who will get married if they want to marry each other.
He asks what they don't want. Marriage occurs as soon as the parties give their affirmative verbal answers. Officer,
explains that the marriage was made in accordance with the law with the mutual consent of the parties.
3. Family certificate and religious ceremony
Item 143- As soon as the marriage ceremony is over, the marriage officer gives a family certificate 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.
C. Regulation
Item 144- Marriage process, marriage register, correspondence related to marriage and marriage related
other matters are regulated by regulation.
FOURTH SECTION
FAULTY MARRIAGES
A. Absolute lameness
I. Reasons
Item 145- Marriage is void with absolute nullity in the following cases:
1. One of the spouses being married at the time of marriage,
2. One of the spouses does not have the power to distinguish for a permanent reason at the time of marriage
to be found,
3. One of the spouses has a mental illness that prevents marriage,
4. The existence of kinship between the spouses to prevent marriage.
II. Duty and right to sue
Article 146- Absolute butlan case is opened ex officio by the Public Prosecutor.
This lawsuit can also be opened by anyone who has an interest.
III. Limitation or removal of the right of action
Article 147- Absolute nullity of a marriage that has ended, ex officio lawsuit by the Public Prosecutor
cannot; however, each concerned may request that the absolute nullity be decided.

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In cases where discernment is acquired later or mental illness has healed
the spouse who later gained the power to distinguish the case of absolute butlan only or who recovered from mental illness
can open.
Before the decision of absolute nullity in the previous marriage of a person who remarried while married,
If it has ended and the other spouse is in good faith in the second marriage, the nullity of this marriage cannot be decided.
B. Relative butlan
I. Right of action of spouses
1. Temporary deprivation of discernment
Item 148- The spouse who lacks the power to distinguish for a temporary reason during marriage,
can sue for the annulment of the marriage.
2. Error
Item 149- In the following cases, one of the spouses can sue for the annulment of the marriage:
1. Even though she never wanted to marry or did not think of marrying the person she married, she mistakenly made this decision.
if she is willing to marry,
2. His absence from his wife will make it unbearable for him to live with her.
if he was mistakenly married of a highly important nature.
3. Deception
Item 150- In the following cases, one of the spouses can sue for the annulment of the marriage:
1. Directly by her or her knowledge of her husband's honor and dignity
has consented to marry by being deceived by someone else under
2. A disease that poses a grave danger to the health of the claimant or his descendants
if it is hidden.
4. Do not scare
Item 151- For the life, health or honor and dignity of himself or one of his relatives
The spouse, who was persuaded to marry by being intimidated by an imminent and grave danger towards
can sue.
5. Forfeiture period
Article 152- The right to file an action for annulment, where the reason for annulment is learned or the effect of fear
six months from the date of his disappearance, and in any case five years after the marriage.
II. Legal representative's right to sue
Item 153- If a minor or limited marriage gets married without the consent of his/her legal representative,
The legal representative can sue for the annulment of the marriage.
A person who marries in this way becomes adult by completing the age of eighteen later on.
If the marriage ceases to exist or the wife becomes pregnant, it cannot be decided to cancel the marriage.
C. Reasons that do not require nullity
I. Failure to comply with the waiting period
Item 154- A woman's marriage before the waiting period ends does not necessitate the nullity of marriage.

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II. Not following the rules of shape
Item 155- A marriage made in front of the officer authorized to marry
The nullity cannot be decided due to non-compliance with the shape rules.
D. Butlan decision
I. In general
Item 156- A superstitious marriage ends only with the decision of the judge. Even in absolute blight
marriage has all the consequences of a valid marriage until the judge's decision.
II. Results
1. In terms of children
Item 157- Children born from a marriage decided to be nullified by the court, mother and father
Even if they are not in good faith, they are considered born in wedlock.
Divorce provisions apply to relations between children and parents.
2. In terms of spouses
Item 158- If it is decided to nullify the marriage, the spouse who was in good faith while getting married,
maintains the personal status he has gained with
The liquidation of the property regime between the spouses, compensation, alimony and divorce regarding the surname
provisions apply.
E. Right of action of heirs
Item 159- The right to sue the nullity of marriage does not pass to the heirs. However, the heirs
they can continue the litigation. As a result of the lawsuit, it was understood that he was not in good faith during the marriage.
The surviving spouse cannot be the legal heir, as well as with the testamentary dispositions made before.
He also loses the rights granted to him.
F. Authority and procedure
Article 160- In the case of nullity of marriage, in terms of jurisdiction and procedure, divorce
provisions apply.
SECOND PART
DIVORCE
A. Reasons for divorce
I. Adultery
Item 161- If one of the spouses commits adultery, the other spouse can file for divorce.
Six months from the moment the spouse who has the right to sue learns the reason for the divorce, and in any case, adultery
The right to sue lapses five years after the act.
The forgiving party does not have the right to sue.
II. Intention to life, very bad or dishonorable behavior
Item 162- Each of the spouses is meant to his life by the other or is very bad for him.
He may file a divorce suit for being treated badly or for being seriously dishonored.
Six months from the date the spouse who has the right to sue learns the reason for the divorce, and in any case
Five years after the birth of the cause, the right to sue ceases.
The forgiving party does not have the right to sue.

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III. committing crimes and leading a dishonorable life
Item 163- One of the spouses commits a humiliating crime or leads a dishonest life and this
If the other spouse cannot be expected to live with him for any reason, this spouse can always file for divorce.
IV. abandon (1)
Item 164- One of the spouses, not fulfilling the obligations arising from the marriage union
Separation, unless he leaves the other for the purpose or does not return to the common residence without a justified reason,
lasted for at least six months and this situation continues and upon request by the judge or notary public
if the warning is unsuccessful; The divorced spouse can file for divorce. to leave the other common dwelling.
The spouse who compels him or prevents him from returning to the common residence without a justifiable reason is also considered to have left.
Upon the request of the spouse who has the right to sue, the judge or the notary may give a warning without examining the merits.
Consequences to arise if the spouse who leaves must return to the shared residence within two months and does not return
warns about This warning is made through advertisement when necessary. However, filing for divorce
A warning cannot be requested until the fourth month of the specified period has expired, and two months after the warning.
No lawsuit can be filed until it passes.
V. Mental illness
Item 165- One of the spouses is mentally ill, so the common life cannot be drawn for the other spouse.
If the disease becomes worse, it must be determined by the official health board report that it is not possible to cure the disease.
provided that this spouse can file for divorce.
VI. Disruption of the marital union
Item 166- Marriage union is in such a way that they are not expected to maintain a common life.
If the foundation is shaken, each of the spouses can file for divorce.
In the cases specified in the above paragraph, if the plaintiff's fault is more severe, the defendant's
has the right to object. However, if this objection is in the nature of an abuse of right and the marriage
If there is no benefit worthy of protection for the defendant and the children in the continuation of the union
divorce can be made.
If the marriage has lasted at least one year, the spouses must apply together or one spouse can file the other's case.
In case of acceptance, the marriage union is deemed to have been shaken from its foundation. In this case, the decision to divorce can be made.
for the judge to be convinced that their will is freely expressed by listening to the parties personally and
the arrangement to be accepted by the parties regarding the financial consequences of the divorce and the situation of the children.
it is necessary to find it appropriate. In this agreement, the judge, taking into account the interests of the parties and the children,
can make any changes it deems necessary. If these changes are accepted by the parties, the divorce
judged. In this case, the provision that the confessions of the parties do not bind the judge shall not apply.
The decision to reject the lawsuit filed with any of the reasons for divorce, and
In the event that three years have passed from the date of finalization of this decision, for whatever reason,
If life cannot be re-established, the marriage union is considered to be fundamentally shaken and the will of one of the spouses
decided to divorce.
B. Litigation
Subject I
Item 167- The spouse who has the right to file a divorce case, divorce if he wishes, separation if he wishes
may want.
––––––––––––––––––
(1) With the 19th article of the Law No. 6217 dated 31/3/2011, the first and second paragraphs of this article
The words "or notary public" have been added to come after the phrase "judge" in the field and are included in the text.

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II. Authority
Item 168- In cases of divorce or separation, the competent court is the place of residence of one of the spouses.
or the court of the place where they have lived together for the last six months before the case.
III. Temporary measures
Item 169- When a divorce or separation lawsuit is filed, the judge shall
in particular to the accommodation of the spouses, their livelihoods, the management of their property and the care and maintenance of children.
takes temporary measures for its protection ex officio.
C. Decision
I. Divorce or separation
Item 170- If the reason for divorce is proven, the judge decides on divorce or separation.
If the case is only about separation, divorce cannot be decided.
If the case is about divorce, only if there is a possibility of re-establishment of common life
separation can be made.
II. Separation time
Item 171- Separation can be decided for a period of one to three years. This time apart
It starts to work once the decision is finalized.
III. End of separation period
Item 172- When the time expires, the separation situation automatically ends.
If the joint life has not been reestablished, each of the spouses can file for divorce.
While the results of the divorce are being arranged, the events proven in the first case and the separation period
situations are taken into account.
IV. Personal status of the divorced woman
Item 173- In case of divorce, the woman protects the personal status she gained through marriage; but,
retakes the surname before marriage. If the woman was a widow before marriage, celibacy from the judge
may request permission to bear his surname.
The woman has an interest in using the surname of her divorced husband and this is a
If it is proven that she will not cause harm, the judge will allow her to carry her husband's surname upon her request.
The husband may request the removal of this permission if the conditions change.
V. Compensation and alimony in divorce
1. Material and moral compensation
Item 174- The faultless or expected interests of which are damaged due to divorce
the lesser faulted party may seek appropriate monetary compensation from the faulty party.
The party whose personality rights have been attacked due to the events leading to the divorce,
On the other hand, he may request the payment of an appropriate amount of money as moral compensation.
2. Poverty alimony
Item 175- The party that will fall into poverty due to divorce, the fault of not being more severe
on condition that he may request alimony from the other side indefinitely in proportion to his financial strength.
The fault of the alimony obligor is not sought.

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3. Compensation and the way in which alimony is paid
Item 176- Financial compensation and alimony in total or according to the requirements of the situation
It may be decided to pay in the form of annuity.
It cannot be decided to pay the moral compensation in the form of income.
The pecuniary compensation or alimony that is decided to be paid in the form of annuity is paid by the creditor again.
in case of marriage or death of one of the parties, marriage of the creditor
to live as if he were actually married, without poverty, or to live without dignity.
if it persists, it is removed by court decision.
In cases where the financial situation of the parties changes or when equity requires,
can be increased or decreased.
The judge may, upon request, decide whether the material compensation or alimony that is decided to be paid in the form of annuity will be paid in the form of income.
It may decide the amount to be paid according to the social and economic conditions of the parties in the years.
4. Authority
Item 177- In the alimony cases to be filed after the divorce, the settlement of the alimony creditor
local court has jurisdiction.
5. Timeout
Item 178- Lawsuit rights arising from the termination of marriage due to divorce, divorce
The statute of limitations expires one year after the judgment becomes final.
VI. Liquidation of the property regime
1. In case of divorce
Item 179- In the liquidation of the property regime, the provisions regarding the regime of the spouses are applied.
2. In case of separation
Item 180- If the separation is decided, the court will decide according to the duration of the separation and the situation of the spouses.
may decide to abolish the goods regime agreed between them by contract.
VII. inheritance rights
Item 181- Divorced spouses cannot be the legal heirs of each other in this capacity and
the rights granted to them by the testamentary dispositions made before,
Unless they are understood, they lose.
(Amended second paragraph: 31/3 / 2011-6217 / 19 art.) While the divorce, the deceased spouse
In case one of his heirs continues the lawsuit and the fault of the other spouse is proven,
the provision of the above paragraph applies.
VIII. Rights of parents with regard to children
1. Judge's discretion
Article 182 - When the court decides on divorce or separation, the main and
after listening to the father and getting the opinion of the guardian and the guardianship authority if the child is under guardianship.
Then, it regulates the rights of the parents and their personal relations with the child.
The personal relationship of the spouse, who is not given to him, with the child,
In its regulation, the benefits of the child, especially in terms of health, education and morality, are taken as a basis. This wife
have to participate in the child's care and education expenses in proportion to his power.
The judge will determine that these expenses, which are decided to be paid in the form of income upon request, in the coming years.
may decide the amount to be paid according to the social and economic conditions of the parties.

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2. Change of situation
Item 183- Such as the mother or father marrying someone else, going to another place or dying
if new facts make it necessary, the judge may, ex officio or upon the request of one of the parents.
takes precautions.
D. Proceedings in divorce
Article 184- Judgment in divorce, Legal Procedure, without prejudice to the following rules
Subject to the Code of Procedure:
1. The judge is conscientiously convinced of the facts on which the divorce or separation case is based.
unless they are brought, they cannot be considered proven.
2. The judge cannot offer an oath to the parties on these facts either ex officio or upon request.
3. Any confession of the parties on this matter does not bind the judge.
4. The judge freely appraises the evidence.
5. Agreements regarding the secondary consequences of divorce or separation,

by

Not valid until approved.
6. The judge may decide to hold the hearing in secret upon the request of one of the parties.
THIRD PART
GENERAL PROVISIONS OF MARRIAGE
A. Rights and obligations
I. In general
Item 185- With the marriage, a marriage union is established between the spouses.
Spouses, to ensure the happiness of this union together and to care for children, education and
They are responsible for taking care of their oversight together.
Spouses have to live together, be faithful to each other and help each other.
II. Selection of housing, management of the union and participation in expenses
Item 186- Spouses choose the house they will live in together.
Spouses manage the union together.
Spouses participate in the expenses of the union with their labor and assets in proportion to their power.
III. woman's surname
Item 187- A woman takes her husband's surname by getting married; but to the marriage officer or
Then, with the written application she will make to the civil registry office, she can add her previous surname before her husband's surname.
can use. A woman who used two surnames before can benefit from this right for only one surname.
B. Representation of the Union
I. Representation of spouses
Item 188- Each of the spouses is responsible for the continuous needs of the family during the continuation of the common life.
represents the union of marriage.
For other needs of the family, one of the spouses can represent the union only if:
1. If authorized by the other spouse or justified reasons,

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2. In terms of the benefit of the union, it is inconvenient to delay and the illness of the other spouse, another
If the consent cannot be obtained due to being on the ground or similar reasons.
II. Responsibility
Item 189- In cases where the authority to represent the Union is used, the spouses are against third parties.
are jointly and severally liable.
Each of the spouses is personally responsible for the transactions they have made without the authority to represent the union.
is responsible. However, if the power of representation is exceeded in a way that cannot be understood by third parties, the spouses
are jointly and severally liable.
III. Removal or limitation of representation power
Item 190- One of the spouses exceeds the authority to represent the union or is insufficient to use this authority.
the judge may abolish or limit the power of representation upon the request of the other spouse. on request
the spouse, who has the right to represent, that the power of representation has been removed or limited, only by personal announcement to third parties.
can be reported via
Consequences of the removal or limitation of the power of representation against bona fide third parties
depends on the announcement of the situation by the decision of the judge.
IV. Reinstatement of representation
Article 191- Decision, conditions regarding the abolition or limitation of the power of representation
It can be changed by the judge upon the request of one of the spouses.
If the first decision is announced, the decision regarding the change is also announced.
C. Spouses' occupation and job
Item 192- Each of the spouses has to get the permission of the other in choosing a profession or job.
is not. However, the peace and benefit of the marriage union in the choice of profession and job and their execution.
is taken into account.
D. Legal proceedings of spouses
I. In general
Item 193- Unless otherwise provided in the law, each of the other spouses and the third
can make all kinds of legal transactions with persons.
II. family residence
Item 194- Unless one of the spouses has the express consent of the other spouse, the rent related to the family residence
terminate the contract, transfer the family residence or limit the rights to the family residence.
The spouse who cannot provide consent or who is not given consent without a justified reason,
may request intervention.
The spouse, who is not the owner of the immovable property designated as a family residence, is registered in the land registry regarding the residence.
may request the necessary annotation from the land registry office. (one)
If the family residence is rented by one of the spouses, the spouse who is not a party to the contract,
The lessor becomes a party to the contract with the notification it will make to the lessor, and the notifying spouse becomes a party to the other.
jointly and severally liable.
E. Protection of the Union
I. In general
Article 195 - Failure to fulfill the obligations arising from the union of marriage or marriage
In case of disagreement on an important issue regarding the union of the spouses, separately or together
They can request the intervention of the judge.
___________
(1) With the article 44 of the Law No. 6518 dated 6/2/2014, the "issuance of the annotation" in this paragraph
The phrase "from the land registry office" has been added to come after the phrase.

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The judge warns the spouses of their obligations; tries to reconcile them and the spouses
may seek the assistance of experts with his consent.
If necessary, the judge takes the measures stipulated in the law upon the request of one of the spouses.
II. When spouses live together
Article 196 - Upon the request of one of the spouses, the judge decides what each of them will do for the sustenance of the family.
determines the monetary contribution.
Spouse to do housework, take care of children, unpaid work of other spouse, contribution
taken into account in determining the amount.
These contributions may be requested for the past year and future years.
III. stop living together
Article 197 - One of the spouses, due to common life, personality, economic security or family
He has the right to live separately as long as his peace is seriously endangered.
If the interruption of living together is based on a justified reason, the judge's request of one of the spouses
to the monetary contribution of one to the other, to benefit from the house and household goods, and to the spouses'
takes measures regarding the management of its goods.
One of the spouses abstains from living together or the other without a justifiable reason.
The above claims can also be made when life becomes impossible for another reason.
If the spouses have minor children, the judge, the relations between the parents and the children
takes the necessary measures in accordance with the provisions regulating it.
IV. Measures of debtors
Article 198 - If one of the spouses does not fulfill his obligation to participate in the expenses of the union,
The judge may order his debtors to pay the other spouse in whole or in part.
V. Limitation of saving power
Article 199 - A financial loss arising from the protection of the economic existence of the family or the marriage union
to the extent required to fulfill the obligation, upon the request of one of the spouses, the judge may
may decide that savings on assets can only be made with his consent.
In this case, the judge takes the necessary measures.
If the judge removes the power of one of the spouses to dispose of the immovable, ex officio
decides to be annotated on the log.
VI. change of situation
Article 200 - When the conditions change, the judge decides on the request of one of the spouses.
makes the change or removes the action taken if the reason has expired.
VII. Authority
Article 201 - Competent court on measures for the protection of marriage union
the domicile court of any of the spouses.
If the places of residence of the spouses are different and both have requested to take precautions, the authorized
The court is the court of the domicile of the first claimant.
The court authorized to change, complete or abolish the measures,
It is the court that makes the decision. However, if the place of residence of both spouses has changed, the competent court
is the court of the new settlement of any of the spouses.
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CHAPTER FOUR
GOODS REGIME BETWEEN PEOPLE
FIRST SECTION
GENERAL PROVISIONS
A. Legal property regime
Item 202- The implementation of the regime of participation in the property acquired between the spouses is essential.
Spouses can accept one of the other regimes determined in the law with the property regime contract.
B. Goods regime contract
I. Content of the contract
Item 203- The property regime contract can be made before or after marriage. Sides,
they can choose, remove or change the property regime they want only within the limits written in the law.
II. Contract qualification
Article 204- The goods regime contract can only be made by those who have the power to distinguish
can be done.
Minors and restricted persons must obtain the consent of their legal representatives.
III. Form of contract
Item 205- The goods regime contract is made in the form of regulation or approval at the notary public.
However, the parties must also indicate in writing which property regime they have chosen during the marriage application.
they can report.
Signing of the goods regime contract by the parties and, when necessary, by their legal representatives
mandatory.
C. Extraordinary property regime
I. At the request of one of the spouses
1. Decision
Item 206- If there is a justifiable reason, the judge, upon the request of one of the spouses,
may decide to change the regime to property separation.
In particular, the existence of a just cause is accepted in the following cases:
1. The other spouse's assets are in debt or their share in the partnership is confiscated,
2. Endanger the interests of the other spouse, the requester or the partnership,
3. The consent of the other spouse required for a disposition on the partnership's properties
withholding without just cause,
4. About the other spouse's assets, income, debts or partnership properties to the requesting spouse
refraining from giving information
5. The other partner's persistent lack of discernment.
If one of the spouses is constantly deprived of the power to distinguish, his legal representative is also for this reason.
may request a decision on the separation of property on the basis of

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2. Authority
Article 207- The competent court is the court of residence of any of the spouses.
3. Returning from transition to separation of goods
Item 208- Spouses always purchase a previous or other property with a new property regime contract.
can accept the regime.
In the event that the reason for the separation of property disappears, the judge may decide that one of the spouses
may decide to return to the old property regime upon its request.
II. In case of enforced execution
1. In bankruptcy
Item 209- If the bankruptcy of one of the spouses who accepted the partnership of property is decided,
partnership automatically becomes a separation of property.
2. In foreclosure
Item 210- The creditor who is in enforcement proceedings against one of the spouses who have accepted the partnership,
If he suffers a loss in the implementation of the lien, he can ask the judge to decide on the separation of property.
The claim of the creditor is directed to both spouses.
The competent court is the court of the domicile of the debtor.
3. Returning to the old regime
Item 211- If the creditor is satisfied, upon the request of one of the spouses, the judge
may decide to re-establish the partnership.
Spouses can accept the regime of participation in the goods acquired with the property regime contract.
III. The liquidation of the previous regime
Article 212 - In case of separation of property, the spouses, unless otherwise stipulated in the law,
The liquidation of the previous property regime is carried out in accordance with the provisions of this regime.
D. Protection of creditors
Article 213 - Establishment, change or liquidation of the previous regime,
the property of one of the creditors of the partnership, over which they can claim their rights, out of liability.
can't let go.
The spouse who has inherited such goods is personally liable for the debts; however, promise
If it proves that the goods in question are not sufficient to pay the debt, to this extent, it releases itself from responsibility.
can save.
E. Authority in cases of liquidation of property regime
Article 214 - In cases regarding the liquidation of a property regime between spouses or heirs,
The following courts are competent:
1. In case the property regime ends with death, the court of the last place of residence of the deceased,
2. Decision of divorce, annulment of marriage or separation of property by the judge
case, the court competent in these cases,
3. In other cases, the defendant spouse's domicile court.

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F. Management of one spouse's property by the other
Article 215 - Explicit or implicit management of the property of one of the spouses to the other spouse
In case of resignation, the provisions of the power of attorney apply unless otherwise agreed.
G. Inventory
Item 216- Each of the spouses is always accompanied by the official deed of the inventory of their goods.
may request it.
If this inventory is made within one year of the goods being brought in,
This inventory is considered to be correct unless
H. Obligations between spouses
Item 217- The property regime does not prevent debts between spouses from becoming due. With this
Fulfilling a debt together is so important that the debtor spouse endanger the marital union.
this spouse may request time for payment if it will cause difficulties. If the situation and circumstances so require, the judge
makes the requesting spouse obliged to show assurance.
SECOND SECTION
PARTICIPATION IN GOODS ACQUIRED
A. Property
I. Scope
Item 218- The regime of participation in the acquired goods, the personal property of each of the spouses and the acquired goods.
includes goods.
II. acquired goods
Item 219- Acquired property is obtained by paying each spouse during the continuation of this property regime.
its asset values.
In particular, the acquired property of a spouse is:
1. Acquisitions that correspond to his work,
2. The purpose of helping social security or social assistance institutions and organizations or personnel
Payments made by the ballot box and the like,
3. Compensation paid due to loss of working power,
4. Income from personal property,
5. Values ​in lieu of acquired goods.
III. personal goods
1. According to the law
Article 220- The following are personal property in accordance with the law:
1. Items for personal use of one of the spouses,
2. Belonging to one of the spouses at the beginning of the property regime or by a spouse's later inheritance
or in any way, the values ​of assets acquired through gratuitous acquisition,
3. Non-pecuniary damages,
4. Values ​in lieu of personal property.

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2. According to the contract
Item 221- Spouses, with the property regime contract, the execution of a profession or the activity of the business
personal property of the assets that should be included in the acquired goods arising from
they can be counted.
Spouses, with the property regime contract, the income of personal property is included in the acquired goods.
They may decide that they will not.
IV. Proof
Item 222 - A person who claims that a certain property belongs to one of the spouses cannot prove his claim.
responsible for.
The goods that cannot be proven to belong to the spouses are considered as their shared property.
All property of a spouse is considered acquired property until proven otherwise.
B. Management, utilization and savings
Article 223 - Each spouse manages his personal property and acquired property within legal limits,
has the right to benefit from and dispose of them.
Unless otherwise agreed, one of the spouses is the subject of joint ownership without the consent of the other.
He cannot dispose of his share in the property.
C. Liability to third parties
Item 224 - Each of the spouses is responsible for their debts with all their assets.
D. Termination of property regime and liquidation
I. 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.
Termination of marriage due to annulment or divorce or separation of property by the court
In cases where it is decided to pass, the property regime ends, effective from the date of the lawsuit.
II. Recovery of goods and debts
1. In general
Item 226 - Each spouse gets back the property of the other spouse.
During the liquidation, if there is a property subject to joint ownership, one of the spouses
as well as to prove that he has a superior benefit and to share the other's share.
may request that the property be given to him without division, by paying
Spouses can make arrangements regarding their mutual debts.
2. Value increase share
Article 227 - One of the spouses is allowed to acquire, improve, or to acquire a property belonging to the other.
contributed to the preservation of this property at the time of liquidation, if it has contributed to its preservation at all or without appropriate compensation.
shall have the right to claim in proportion to its contribution for the resulting increase in value, and this claim shall be subject to the liquidation of that property.
calculated according to its value at the time; in the event of a depreciation, the initial value of the contribution
value is based.
In case such a property has been disposed of before, the judge shall determine the receivable to be paid to the other spouse.
determined in an equitable manner.
Spouses may waive their share of the increase in value with a written agreement,
they can also change.
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III. Calculation of spouses' shares
1. Separation of personal property and acquired property
Item 228- The personal property of the spouses and the acquired property, at the time of the expiration of the property regime,
differentiated according to their status.
Wholesale made by social security or social assistance institutions to one of the spouses
compensation, lump sum or indemnity due to loss of wages or labor
instead of income for life according to the procedure applied by the relevant social security or social assistance institution.
If the property regime was terminated, the income of the next period would be transferred to the cash capital.
whatever its converted value would be, that amount is taken into account as personal property in the liquidation.
2. Values ​to add
Item 229- The following are added to the acquired goods as value:
1. Consent of the other spouse within one year before the end of the property regime of one of the spouses
gratuitous gains made without ordinary gifts,
2. With the intention of reducing the participation receivable of the other spouse during the continuation of the property regime of one spouse
his cycles.
In disputes regarding such acquisitions or transfers, the court decision, notification to the case itself
It can also be claimed against third parties who benefit from the acquisition or transfer, provided that the
3. Equalization between personal property and acquired property
Item 230- The debts of a spouse regarding personal property are from the acquired property or acquired property.
If the debts related to this issue have been paid from their personal properties, an equalization may be requested during the liquidation.
Each debt puts the part of the goods it is related to liability. Which segment does it belong to?
Incomprehensible debt is considered to be related to the acquired goods.
The acquisition, improvement or protection of property from one segment of property to another segment.
If a contribution has been made, in case of an increase or decrease in value, the offset, the contribution rate and the value of the good
according to its value at the time of liquidation or, if the property has been disposed of before, on an equitable basis.
4. Residual value
Article 231- The residual value, including the amounts obtained from adding and balancing
After deducting the debts related to these goods from the total value of each spouse's acquired property,
is the remaining amount.
The depreciation is not taken into account.
IV. Determination of value
1. Version value
Article 232- The release values ​of the goods are taken as basis in the liquidation of the goods regime.
2. Income value
a. generally
Article 233 - A spouse who continues to operate the business personally as the owner or the surviving spouse or
an agricultural land in which one of his descendants is right to demand that he be assigned to himself as a whole.
for the enterprise, the share and participation receivables from the increase in value, taking into account their income value
is calculated.

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The owner or heirs of the agricultural enterprise, the increase in value that they can claim against the other spouse.
may request that the company's share or participation receivable be calculated only on the version value of the enterprise.
Inheritance law regarding evaluation and payment of shares from the profit of the enterprise to the heirs
provisions are applied by analogy.
b. special circumstances
Item 234- If special circumstances require, the calculated value may be calculated in an appropriate amount.
can be increased.
In particular, the living conditions of the surviving spouse, the purchase value of the agricultural enterprise, as well as the agricultural
The investments made by the spouse who belongs to the enterprise or the financial situation are considered as special cases.
3. Evaluation moment
Item 235- The acquired goods available at the end of the goods regime,
are taken into account with their values.
The value of those to be added to the acquired goods in the account is based on the date of transfer of the goods.
is calculated.
V. Adding residual value
1. According to the law
Item 236- Each spouse or his/her heirs have a right on half of the residual value of the other spouse.
they become. Receivables are exchanged.
In the event of a divorce due to adultery or intent on life, the judge decides that the defective spouse's share in the residual value
may decide to reduce or abolish the rate in an equitable manner.
2. According to the contract
a. generally
Item 237- Another basis can be accepted with the goods regime contract in addition to the residual value.
Such agreements cover the reserved shares of the spouses' non-common children and their descendants.
cannot damage it.
b. In case of annulment, divorce or separation of property by court decision
Item 238- The court to terminate the marriage due to annulment or divorce or the property
In cases where it is decided to move to the separation of the law, regarding the contribution to the surplus value in the law.
agreements different from the regulation, but if this is expressly stipulated in the goods regime contract
valid in case of.
VI. Payment of participation receivable and value increase share
1. Payment and deferment
Item 239- Participation receivables and share of value increase can be paid in month or in money. Same
the payment is based on the version value of the goods; units and enterprises devoted to the execution of a profession
economic integrity.
Immediate payment of the participation receivable and the share of value increase will cause serious difficulties for him.
The debtor may request that the payments of the spouses be postponed for an appropriate period.
If there is no agreement to the contrary, starting from the end of the liquidation, participation receivables and value increase
interest is charged on its share; If the situation and conditions require, additional assurance may be requested from the debtor.

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2. Family residence and household goods
Item 240- In order for the surviving spouse to continue his old life, it belongs to the deceased spouse and together
to be deducted from the participation receivable on the residence they live in, if it is not enough, to be added to the price
may request the right of usufruct or residence; other agreements agreed with the property regime contract.
regulations are reserved.
The surviving spouse, under the same conditions, is granted the right of ownership over the household goods.
may want.
In the presence of justified reasons, at the request of the surviving spouse or the legal heirs of the deceased spouse.
Instead of usufruct or right of residence, the right to own the house can be granted.
The surviving spouse is the same as one of the descendants of the decedent who practices a profession or art.
cannot use these rights in the departments necessary for him to practice his profession or art. Agricultural
Provisions of inheritance law regarding immovables are reserved.
3. Action against third parties
Item 241- During the liquidation, the assets or estates of the debtor spouse do not meet the participation receivables.
Otherwise, the creditor spouses or heirs will not be entitled to unrequited gains that should be taken into account in the acquired property.
may request from third parties benefiting from them, limited to the amount that is missing.
The right to sue, from the date the creditor learns that the rights of his spouse or heirs have been violated.
starts one year, and in any case, five years after the end of the property regime.
Except for the provisions of the above paragraph and the rules of authority, regarding the case of criticism in the inheritance
The provisions are applied by analogy.
THIRD SECTION
GOODS SEPARATION
A. Management, utilization and savings
Item 242- In the property separation regime, each of the spouses has their own assets within the legal limits.
It protects the rights of management, utilization and savings over it.
B. Other provisions
Item 243- In matters of proof, liability for debts and allocation of shared property
Provisions regarding the shared property separation regime are applied.
FOURTH SECTION
SHARED GOODS SEPARATION
A. Management, utilization and savings
I. In general
Item 244- Each of the spouses manages their own assets within legal limits,
protect the right to use and save.
II. Proof
Item 245- The person claiming that a certain property belongs to one of the spouses cannot prove his claim.
responsible for.
The goods that cannot be proven to belong to the spouses are considered as their shared property.

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B. Liability for debts
Item 246- Each of the spouses is responsible for their debts with all their assets.
C. Termination of property regime and liquidation
I. 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.
Termination of marriage due to annulment or divorce or separation of property by the court
In cases where it is decided to pass, the property regime ends, effective from the date of the lawsuit.

II. Taking back the goods and giving the share goods
1. In general
Item 248- Each spouse gets back the property of the other spouse.
When the shared property separation regime ends, the spouse who proves to be of superior interest,
In addition to the measures, the share in the joint property by giving the share to his wife on the payment day.
may request that the goods be given to him.
2. Right arising from contribution
Item 249- Acquisition of a property belonging to one of the spouses to the other and not sharing,
has contributed to its improvement or preservation with no or proper remuneration; goods
In the event of the expiration of his regime, he may request the payment of a fair price in proportion to his contribution.
The same claim is also valid for the values ​that replace the goods that are not allocated.
III. family-specific goods
Rule 1
Item 250- After the establishment of the division of property by one of the spouses
The property, which is acquired and allocated to the common use and benefit of the family, and the family's economic
investments to secure its future or substitute values, property
In the event of the expiration of the regime, it is shared equally between the spouses. businesses in sharing
economic integrity.
Non-pecuniary compensation receivables, inherited goods and unrequited gain
unless otherwise understood from the express will of the person found,
This provision does not apply to the goods.
2. Behaviors contrary to sharing
Item 251- Before one of the spouses shares a property with the intention of reducing the share of the other spouse,
If he disposes of it gratuitously, the judge may equal the equalization price to be received by the other spouse.
determines appropriately.
Ordinary gifts without the consent of the other spouse in the year before the expiration of the property regime
It is assumed that the unrequited gains made outside the country are made with the intention of reducing the share of this spouse.
In disputes regarding such gains, the court decision, notification to the case itself
It can also be claimed against third parties who benefit from the gain, provided that it has been granted.

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3. Rejection of sharing request
Item 252- In the event of a divorce due to adultery or intent on life, the judge shall pay the share of the defective spouse.
may decide to reduce or remove it in an equitable manner.
4. Sharing method
Item 253- It is essential that the distribution is made on a monthly basis. If this is not possible, add a price
shares are balanced. The price to be paid by one of the spouses to the other, at the time of the liquidation of the goods
calculated based on version values. In this calculation, arising from the acquisition of the goods subject to sharing
debts are reduced.
If the immediate payment of the equalization amount will cause serious difficulties for him, the debtor spouse
may request that payments be postponed for an appropriate period.
If there is no agreement to the contrary, interest on the equalization price starting from the end of the liquidation.
is executed; If the situation and conditions require, additional assurance may be requested from the debtor.
IV. Family residence and household goods
1. In case of annulment or divorce
Item 254- In case the marriage is terminated by annulment or divorce decision, the common
to stay in the house, which is the subject of equal sharing between the spouses and which is allocated for the use of
The spouses can agree on which one will continue to use the item. right to stay in residence
The spouse who obtains this right may request that this right be annotated in the land registry.
Who will continue to stay in the spouses' family residence and who will continue to use the household goods
In case of disagreement on the issue, the judge, if fairness requires, the characteristics of the event, the spouses'
this right, taking into account their economic and social situation and, if any, the interests of children.
decides ex officio which one to own, together with the decision of annulment or divorce; stay on your mind
and notifies the land registry office for its annotation to the land registry.
Unless the judge decides otherwise, the right automatically terminates at the end of the determined period.
However, in case of a change in the situation of the beneficiary before the expiry of this period, the other party
may request the judge to review the decision.
If the spouses are living on rent in the house, the judge may decide if necessary, the spouse who is not a tenant in the house.
may decide to stay. In this case, to secure the rights of the lessor arising from the contract.
It is decided ex officio to make the necessary arrangements for the cancellation or divorce decision.
2. In case of death
Item 255- In case of death of one of the spouses , household goods among the goods subject to sharing
or if there is a house where the spouses live together; the surviving spouse inherits and
property right by deducting the right arising from sharing and adding a price if it is not sufficient
may seek recognition.
In the presence of justified reasons, one of the surviving spouse or other legal heirs of the deceased
Upon request, it may also be decided to grant usufruct or right of residence instead of ownership.
The surviving spouse is the same as one of the descendants of the decedent who practices a profession or art.
cannot use these rights in the departments necessary for him to practice his profession or art. Agricultural
The inheritance provisions regarding immovables are reserved.

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FIFTH SECTION
PARTNERSHIP OF GOODS
A. Property
I. Scope
Article 256- The property partnership regime covers the partnership properties and the personal properties of the spouses.
II. partnership goods
1. General property partnership
Item 257- In general property partnership, the spouses are excluded from personal property as per the law.
goods and revenues constitute partnership goods.
Spouses own the partnership property as an undivided whole.
No spouse has the right to dispose of the partnership share alone.
2. Limited partnership
a. Partnership in acquired property
Item 258- Spouses, a partnership consisting of only acquired goods with the property regime contract
they can accept.
Income from personal property is also included in this partnership.
b. Other property partnerships
Article 259 - The spouses, with the property regime contract, certain asset values ​or types,
especially immovable property, a spouse's earnings, property used for a profession or artistic practice.
may be excluded from the partnership.
Unless otherwise stipulated in the contract, the revenues of these goods are not included in the partnership.
III. personal goods
Article 260- Personal property, property regime contract, third party's gratuitous gain
or determined by law.
Non-pecuniary compensation with the belongings of each spouse reserved for personal use only.
It is personal property due to the law they will receive.
The assets values ​that a spouse may request as a reserved share are transferred to the partnership with the property regime agreement.
To the extent that it is included, it cannot be earned by the legators as personal property.
IV. Proof
Item 261- Unless proven to be a spouse's personal property, all assets are partnership
considered property.
B. Management and savings
I. In partnership goods
1. Ordinary management
Item 262- The spouses manage the partnership property in accordance with the benefit of the marriage union.
Within the limits of ordinary management, each spouse can put the partnership under obligation and
can save money.

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2. Extraordinary administration
Item 263- Spouses in matters other than ordinary management, but together or one of the other
may put the partnership under obligation or dispose of the goods by obtaining its consent.
This consent is available for third parties who do not know or are not in a position to know that there is no consent.
counted.
Provisions regarding the representation of the marriage union are reserved.
3. Professional or artistic practice with partnership property
Item 264- One of the spouses , by using the partnership property with the consent of the other,
If he practices a profession or art, he can take all legal actions related to this profession or art.
4. Acceptance or rejection of inheritance
Item 265- One of the spouses is a partner who will enter the partnership property without the consent of the other.
He cannot reject the inheritance, nor can he accept the inheritance if the estate is in debt.
If it is not possible to obtain the consent of the other spouse, or the request on this matter is made by him.
If it is rejected without just cause, the claimant spouse can apply to the court of his own settlement.
5. Liability and administrative expenses
Item 266- In case of the end of the partnership, each of the spouses is related to the partnership property.
responsible for the transactions as a proxy.
Administrative expenses are covered from partnership properties.
II. personal goods
Item 267- Each of the spouses has the right to manage and manage their own personal property within the legal limits.
has the right to dispose of them.
If there are revenues in personal property, administrative expenses are covered from these revenues.
C. Liability to third parties
I. Partnership debts
Item 268- Each of the spouses , with their personal property and partnership property from the debts below
responsible for:
1. Executed on the basis of the authority to represent the marriage union or to manage the partnership property
from debts,
2. To develop a profession or art by using the partnership property or the income that goes into the partnership property.
debts incurred due to execution,
3. From debts that create personal responsibility for the other spouse,
4. In addition to personal property, the third party of the spouses will be responsible for the partnership property.
from debts made by agreements with individuals.
II. Personal debts
Item 269- Each spouse, from all other debts, with their personal property and partnership property
accountable for half of its value.
Claims arising from the enrichment of the partnership are reserved.

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D. Obligations between spouses
Article 270 - The property regime does not prevent debts between spouses from becoming due. With this
Fulfilling a debt together is important enough to endanger the debtor spouse, marital union.
this spouse may request time for payment if it will cause difficulties. If the situation and conditions require, the judge,
makes the requesting spouse obliged to show assurance.
E. Termination of property regime and liquidation
I. The moment of expiration
Article 271 - The property regime is the death of one of the spouses, the acceptance of another property regime or
ends with the filing of bankruptcy for one of the spouses.
Termination of marriage due to annulment or divorce or separation of property by the court
In cases where it is decided to pass, the property regime ends, effective from the date of the lawsuit.
In determining the scope of partnership goods and personal goods, the partnership of goods is terminated.
date is based.
II. Adding a personal property
Article 272 - One of the spouses made by social security or social assistance institutions
lump sum payments or compensation for loss of workforce, lump sum or
instead of compensation, life according to the procedure applied by the relevant social security or social assistance institution
If an income was paid during the period, the income of the next period on the date of the end of the property regime.
What would be the cash-capitalized value, that amount is taken into account as personal property in the liquidation.
joins.
III. Equalization between personal property and partnership property
Article 273 - Debts of a spouse regarding personal property, partnership property or partnership
if his debts regarding his goods have been paid from his personal property; Equalization may be requested during liquidation.
Each debt puts the part of the goods it is related to liability. Which segment does it belong to?
The debt that cannot be understood is considered to be related to the partnership goods.
IV. Value increase share
Item 274- Assets that enter into another property segment with a spouse's personal property or partnership property
acquired property if it has contributed to the acquisition, improvement or maintenance of its value.
In the participation regime, the provisions regarding the value increase share are applied.
V. Value determination
Article 275 - When the property regime ends, the liquidation in the evaluation of the existing partnership properties
moment is based.
VI. Sharing
1. In case of death or acceptance of another property regime
Item 276- Property due to death of one of the spouses or acceptance of another property regime
In case of termination of partnership, half of the partnership property is given to each spouse or heirs.
Another share rate can be agreed with the property regime contract.
Such agreements cannot damage the hidden shares of the descendants.

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2. In other cases
Item 277- Due to divorce or annulment of marriage or by law or court decision
In cases of transition to property separation, each spouse owns his/her own personal property in the regime of participation in acquired property.
takes back those to be counted from the partnership property.
The remaining partnership goods are divided in half between the spouses.
Agreements to change the legal division, but only in the property regime contract.
only if it is expressly stipulated.
VII. Sharing method
1. Personal goods
Item 278- In case the partnership of property ends with the death of one of the spouses, the surviving spouse,
as deduction for the share of those who can be considered as personal property in the regime of participation in acquired property.
may request it.
2. Family residence and household goods
Item 279- If the house or household goods that the spouses live together are included in the partnership property, the right
the remaining spouse may request that the ownership of them be given to him as a deduction for his share.
In the presence of justified reasons, at the request of the surviving spouse or other legal heirs of the deceased
usufruct or right of residence can be granted on them instead of ownership.
In case the property partnership regime ends for a reason other than death, each of the spouses
It may assert the same claims by proving the existence of a benefit.
3. Other asset values
Item 280- A spouse may own other assets by proving the existence of a superior benefit.
may also request that the values ​be given to him on account of his share.
4. Other sharing rules
Item 281- In other cases, the provisions on joint ownership and sharing of inheritance are comparable.
implemented through.
PART TWO
kinship
FIRST PART
ESTABLISHMENT OF PEDIALOGUE
FIRST SECTION
GENERAL PROVISIONS
A. Establishment of paternity in general
Item 282- The paternity between the child and the mother is established by birth.
Pedigree between the child and the father, marriage with the mother, recognition or judge is established.
Pedigree is also established through adoption.
B. Jurisdiction and procedure in the case
I. Authority
Article 283 - Cases related to paternity, one of the parties at the time of the case or birth
filed in the settlement court.

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II. Judgmental procedure
Article 284- In cases related to paternity , without prejudice to the following rules, the Law
The Code of Procedural Procedure applies:
1. The judge investigates the material facts ex officio and freely evaluates the evidence.
2. The parties and third parties, in terms of their health, which are obligatory in determining the paternity
They are obliged to consent to research and investigations that do not pose a danger. defendant, judge
If the judge does not consent to the research and examination he foresees, the judge may decide from this, depending on the situation and conditions.
may consider the expected result to have been born against him.
SECOND SECTION
Husband's paternity
A. Presumption of paternity
Article 285 - Three hundred days starting from the end of the marriage or during the marriage
The father of the child born in it is the husband.
The attachment of the child born after this period to the husband, the mother being pregnant at the time of marriage.
possible with proof of survival.
If the husband's absence is decided, the three-hundred-day period, danger of death or the latest news
begins to run from history.
B. Denial of pedigree
I. Right of action
Article 286 - Husband can refute the presumption of paternity by filing a lawsuit for denial of paternity. this case
opens up against the mother and the child.
The child also has the right to sue. This lawsuit is filed against the mother and husband.
II. Proof
1. Conceiving within marriage
Item 287- If the child is conceived in the womb of marriage, the plaintiff must prove that the husband is not the father.
has to.
At least one hundred and eighty days after the marriage and after the end of the marriage
A child born within a maximum of three hundred days from the beginning of the year is deemed to have been conceived within the marriage.
2. Conceiving before marriage or during separate living
Article 288 - If the child was conceived before marriage or during separate living,
Plaintiff is not required to provide any other evidence.
However, it is not clear that the husband had sexual intercourse with his wife during the period of conception.
If there is convincing evidence, the presumption of the husband's paternity remains valid.
III. Forfeiture periods
Item 289- Husband can file the case, birth and that he is not a father or else at the time of conception of the mother.
to open within one year, (…) (1) from the date on which she learned that she had had sexual intercourse with a man
has to. (one)
The child has to file a lawsuit within one year at the latest, starting from the date of maturity.
If the delay is justified, the one-year period is on the date when this reason disappears.
starts to work.
–––––––––––
(1) The phrase “…in any case, five years starting from the birth…” in this paragraph has been rejected by the Constitutional Court on 25/6/2009.
dated and numbered E.: 2008/30, K.: 2009/96.

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C. Conflict of presumptions
Item 290- The child was born within three hundred days from the end of the marriage and the mother
In the meantime, if he remarries, the husband in the second marriage is considered the father.
If this presumption is disproved, the husband in the first marriage is considered the father.
D. Right of action of other interested parties
Item 291- Decision on the death or absence of the husband before the expiry of the lawsuit period.
In case of giving birth or losing the power to distinguish continuously, the descendant, mother, father of the husband
or the person claiming to be the father, the power to constantly distinguish between birth and death of the husband.
within one year, starting from the day they learned that they lost or that a decision was taken against them.
can sue for denial of paternity.
The trustee to be appointed to the minor child, starting from the notification of the appointment decision to him,
year, (…) (1) opens the case of denial of paternity. (one)
Provisions regarding the case of refusal of paternity to be filed by the husband are applied by analogy.
E. Post-marriage
Condition I
Item 292- A child born out of wedlock, in case his parents marry each other
It is subject to the provisions regarding children born in spontaneous marriage.
II. Notification
Item 293- Spouses, their common children born out of wedlock, at the time of marriage or
after the marriage, to the registrar in the settlements or the place where the marriage took place.
they have to report.
Failure to notify the child is subject to the provisions regarding children born in wedlock.
does not prevent it from happening.
The parents of the children who have previously been identified or paternity-derived, are related to each other.
Upon marriage, the registrar takes the necessary action ex officio.
III. Objection and cancellation
Item 294- The legal heirs of the mother and father, the child and the public prosecutor
may object to the establishment of paternity. The objector is obliged to prove that the husband is not the father.
The descendant of the child is that the child has died or has permanently lost the power of discernment.
has the right to object.
Provisions regarding the annulment of recognition are applied by analogy.
THIRD SECTION
RECOGNITION AND PATIENTITY PROVISION
A. Recognition
I. Conditions and form
Item 295- Recognition is the written application of the father to the civil registry officer or the court, or
It is done by a declaration made in an official deed or will.
If the person making the declaration of recognition is minor or limited, the consent of the parent or guardian is also required.
A child who has a ancestry with another man cannot be recognized unless this affiliation is invalidated.
–––––––––––––
(1) The phrase "...in any case, five years starting from birth..." in this paragraph, dated 10/12/2013 and numbered 28847
The Constitutional Court published in the Official Gazette dated 10/10/2013 and numbered E.: 2013/62, K.: 2013/115
Canceled by decision.

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II. Notification
Item 296- The registrar, magistrate, notary public or testator who made the declaration
the judge notifies the recognition to the civil registry offices where the father and child are registered.
The civil registry office where the child is registered also recognizes the child, his mother, the child as guardianship.
notifies the guardianship authority.
III. Cancellation case
1. Recognition's right to sue
Item 297- The recognizer can sue for the annulment of recognition due to mistake, deception or intimidation.
An annulment lawsuit is filed against the mother and the child.
2. The right of action of those concerned
a. generally
Article 298- In case of death of mother, child and child, descendants, public prosecutor, Treasury and
other interested parties can sue for the annulment of the recognition.
The lawsuit is filed against the person who recognizes it, and if the person is dead, against his heirs.
b. burden of proof
Item 299- The plaintiff is obliged to prove that the recognizing person is not the father.
Evidence in an annulment lawsuit filed by the mother or child claiming that the person who recognized is not the father
burden is convincing evidence that the acquaintance had sexual intercourse with the mother at the time of conception.
born after it shows.
3. Impeachment periods
Article 300- The right of the person to sue, the reason for the annulment or the elimination of the effect of the fear.
It falls by one year starting from the date of its departure, and in any case five years after the recognition.
The right of action of the relevant parties, the plaintiff's recognition and the recognition that the child's father cannot be
one year starting from the date of learning, and in any case five years from the date of recognition.
The child's right to sue ends with the passage of one year starting from his/her adulthood.
If there is a reason justifying the delay even though the above periods have passed, the reason must be eliminated.
A lawsuit can be filed within one month of its withdrawal.
B. Paternity provision
I. Right of action
Article 301- The court determines the paternity between the child and the father.
they may want.
The case is filed against the father, if the father is dead, against his heirs.
Paternity case, to the Public Prosecutor and the Treasury; to the trustee if the case is filed by the mother;
If it is opened by the trustee, the mother is notified.
II. Presumption
Item 302- The defendant's three hundredth day and one hundred and eightieth day before the birth of the child
Having sexual intercourse with the mother is considered a presumption of paternity.

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Even if it is outside of this period, the defendant's sexual intercourse with the mother during the actual conception period.
the same presumption applies.
The Defendant considers the impossibility of being the father of the child or the fathering of a third party.
If he proves that his probability is more than his own, the presumption loses its validity.
III. Forfeiture periods
Item 303- A paternity lawsuit can be filed before or after the birth of the child. your mother's case
The right expires after one year from birth.
(Annulled second paragraph: Constitutional Court dated 27/10/2011 and E.: 2010/71, K.:
With its Decision No. 2011/143.) (1)
If there is a paternity relationship between the child and another man, this relationship disappears for a period of one year.
begins to operate on the date of departure.
If there are reasons justifying the delay after the one-year period, the reason is eliminated.
A lawsuit can be filed within one month of its withdrawal. (2nd)
IV. mother's financial rights
Item 304- The mother, the father or his heirs, together or separately with the paternity case
may request the following expenses:
1. Birth expenses,
2. Living expenses for six weeks before and after birth,
3. Other expenses required by pregnancy and childbirth.
Even if the child is stillborn, the judge may decide to cover these expenses.
Payments made to the mother by third parties or social security institutions, equity
deducted from compensation.
FOURTH SECTION
ADOPTION
A. Adoption of minors
I. General conditions
Item 305- Adoption of a minor was taken care of by the adopter for one year and
subject to training.
In any case, the adoption is for the benefit of the minor and the other children of the adopter
benefits must not be unfairly impaired.
II. co-adoption
Item 306- Spouses can only adopt together; Unmarried people cannot adopt together.
Spouses must have been married for at least five years or have attained the age of thirty.
One of the spouses must have been married for at least two years or he or she is over thirty years of age.
may adopt the child of the other, provided that he/she is present.
III. solitary adoption
Item 307- If the unmarried person has reached the age of thirty, he can adopt a child alone.
–––––––––––––––
(1) This Decision entered into force one year after it was published in the Official Gazette on 7/2/2012.
(2) This paragraph; With the Decision of the Constitutional Court dated 15/3/2012 and numbered E.: 2011/116, K.: 2012/39, “child”
for one year starting from the date of publication of the Decision in the Official Gazette on 21/7/2012.
entered into force thereafter.

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The spouse who has completed the age of thirty, the other spouse's permanent lack of discernment or
where his whereabouts are unknown for more than two years or more than two years by court order
Since he has been living separately from his wife for a long time, it is not possible for him to adopt a child together.
If he proves it, he can adopt alone.
IV. Consent and age of the minor
Item 308- The adopted one must be at least eighteen years younger than the adopter.
The minor, who has the power to distinguish, cannot be adopted without his consent.
Minor under guardianship, regardless of whether or not they have discernment
Adoptions can be made with the permission of their offices.
V. Consent of parents
Figure 1
Item 309- Adoption requires the consent of the minor's parents.
Rıza, orally or in writing, in the court of the place where the minor or his/her parents reside.
explained and recorded in the minutes.
The consent given, the names of the adopters not specified or the adopters not determined yet
even if it is valid.
2. Time
Item 310- Consent cannot be given before six weeks after the birth of the minor.
Consent can be withdrawn by the same procedure within six weeks starting from the date of recording.
Consent again after withdrawal is final.
3. Not seeking consent
a. Terms
Item 311- The consent of one of the parents is not sought in the following cases:
l. If it is not known who he is or where he has lived for a long time, or because of his power of discernment.
If you are constantly deprived,
2. If he does not adequately fulfill his duty of care towards the minor.
b. Decision
Item 312- The minor is placed in an institution for future adoption and the parent and
If the consent of one of the fathers is missing, the request of the adopter or the institution that mediates in the adoption
before the placement of the minor, as a rule, the court of his place of residence
decides whether to call or not.
In other cases, the decision on this issue is made during the adoption proceedings.
Failure of one of the parents to adequately fulfill their duty of care towards the minor
In the event that his consent is not sought for the reason, the decision on this matter is notified to him in writing.
B. Adoption of adults and disabled people
Article 313- (Amended first sentence: 3/7/2005-5399/1 art.) Clear descendants of the adopter
With the consent of the adult or restricted, the adoption can be made in the following cases.
1. Those who are constantly in need of help and adoptive children due to their physical or mental disability.
has been cared for for at least five years by (1)
–––––––––––––––––
(1) With Article 1 of the Law No. 6462 dated 25/4/2013, the phrase "disability" in this paragraph means "disability".
was changed to.

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2. Has been cared for and trained by the adopter for at least five years as a child,
3. There are other justifiable reasons and the adopted family has been with the adopter for at least five years.
if they live together.
A married person can be adopted only with the consent of his spouse.
Apart from these, the provisions regarding the adoption of minors are applied by analogy.
C. Terms
Article 314 - Rights and obligations of the mother and father pass to the adopter.
Adoption becomes the heir of the adopter.
If the adoption is minor, it takes the surname of the adopter. The adopter can give the child a new name if he wishes.
The adult adoptee can take the surname of the adopter if he/she wishes during the adoption.
Population of minors who are adopted by spouses and do not have the power to distinguish
The names of the adoptive spouses are written in the registry as the name of the mother and father.
In order not to damage the inheritance, inheritance and other rights of adoption and to continue family ties.
All kinds of links are established between the family register of the adoptive family and the family register of the adopter.
In addition, the finalized court decision regarding the adoption is recorded in both population registers.
Adoption records, documents and information, unless there is a court order or adoption
It cannot be disclosed in any way unless asked to do so.
D. Form and method
I. In general
Item 315- The decision to adopt, the place of residence of the adopter; from spouses in co-adoption
one's place of residence is given by the court. With the court decision, the adoption relationship is established.
The death of the adopter or loss of discernment after the application for adoption,
unless other conditions are affected, it does not prevent adoption.
If a minor becomes an adult after the application, provided that the conditions are fulfilled beforehand.
The provisions regarding the adoption of minors apply.
II. Research
Item 316- Adoption can be accepted only if all kinds of situations and conditions considered essential are comprehensive.
research, listening to the adoptive and the acquired, and consulting experts when necessary.
The decision is made after receiving your opinion.
In the research, especially the personality and health, mutual relations of the adoptive and the adopted,
economic conditions, the adopter's ability to educate, the reasons for adoption, and family
relations and developments in care relations need to be clarified.
If the adopter has descendants, their attitudes and thoughts about adoption are also
is evaluated.
E. Abolition of the foster relationship
I. Reasons
1. Absence of consent
Item 317- If consent has not been obtained without a legal reason, persons whose consent must be obtained,
If the interest of the minor will not be severely damaged as a result of this, the decision of the adoption relationship from the judge
they may request removal.

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2. Other deficiencies
Item 318- If the adoption is disabled with one of the other fundamental deficiencies, the Public Prosecutor or each
may request the abolition of the relevant foster relationship.
In the meantime, the deficiencies have disappeared or are only procedural, and the abolition of the relationship
If it seriously harms his interests, this way cannot be followed.
II. Forfeiting time (1)
Item 319- The right to sue is valid for one year, starting from the learning of the reason for the abolition of the foster relationship.
(…) (1) drops by passing. (one)
F. Intermediation in adoption proceedings (2)
Article 320- Intermediary activities regarding the adoption of minors can only be authorized by the President.
made by the given institutions and organizations. (2nd)
Issues regarding the execution of intermediary activities are regulated by the regulation issued by the President.
is arranged. (2nd)
FIFTH SECTION
PROVISIONS OF THE PEACEFUL
A. Surname
Item 321- If the child, mother and father are married; (…) (3) bears the surname. However, the main from her previous marriage
If the child has a double surname because of this, the child carries his or her celibacy surname. (3)
B. Mutual obligations
Item 322- Mother, father and child help each other as required by the peace and integrity of the family.

Item 322- Mother, father and child help each other as required by the peace and integrity of the family.
They are obliged to show respect and understanding, and to protect their family honor.
C. Personal relationship with the child
I. With mother and father
Rule 1
Item 323- Each of the parents, with the child who is not under his custody or left to him.
has the right to request the establishment of an appropriate personal relationship.
2. Limits
Item 324- Each of the parents, from damaging the other's personal relationship with the child,
is responsible for avoiding hindering his education and upbringing.
Due to the personal relationship, the peace of the child is endangered or the parents are not entitled to these rights in the first paragraph.
they use it contrary to their stipulated obligations or do not seriously deal with the child or other important
If there are reasons, the right to establish personal relations may be denied or taken from them.
II. with third parties
Item 325- In case of emergency, personal relations with the child to the extent that it is in the best interests of the child
The right to request the establishment of a relationship may also be granted to other persons, especially their relatives.
Limitations foreseen for parents are applied by analogy for third parties.
III. Authority
Item 326- In all regulations regarding establishing a personal relationship, the court of the place where the child resides is also included.
is authorized.

––––––––––
(1) The phrase “…and in any case, five years from the date of adoption…” in this article is in accordance with the Constitution.
Court's Decision dated 27/12/2012 and numbered E.: 2012/35, K.: 2012/203.
It entered into force six months after it was published in the Official Gazette on 12/7/2013.
(2) the Decree No. 700 dated 02.07.2018 Article 139 , the substance located in the first paragraph
The phrase "by the Council of Ministers" is replaced by the phrase "by the President" and the phrase "by statute" in the second paragraph
It has been changed to “by the regulation issued by the President”.
(3) With the Decision of the Constitutional Court dated 2/7/2009 and numbered E.: 2005/114, K.: 2009/105; first of this article
The phrase “… of your mother if she is not married…” in the sentence has been cancelled.

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The rules of authority regarding divorce and the protection of the marital union are reserved.
Until an arrangement is made for the personal relationship with the child, the right of custody or
A personal relationship cannot be established without the consent of the person left to the child.
D. Covering children's care and education expenses
I. Scope
Item 327- Necessary expenses for the care, education and protection of the child
borne by.
Parents, they are poor or the special situation of the child makes extraordinary expenditures.
the child, with the permission of the judge, if required or in case of any extraordinary reason.
they can spend a certain amount of their property sufficient for his maintenance and education.
II. Time
Item 328- The care debt of the mother and father continues until the child becomes adult.
If the child is still an adult, his education continues, according to the situation and conditions of the parents.
to care for the child until the end of his education, to the extent that can be expected of them.
they are responsible.
III. right of litigation
Item 329- The mother or father who actually cares for the minor can file a alimony lawsuit against the other on behalf of the child.
Alimony case for the minor who does not have the power to distinguish, the trustee to be appointed
or by a guardian.
The minor who has the power to discern can also file a lawsuit for alimony.
IV. Appraisal of the amount of alimony
Item 330- The amount of alimony, the needs of the child, the living conditions of the parents and the payment
determined by their strength. In determining the amount of alimony, the income of the child is also taken into account.
are kept.
Alimony is paid monthly in advance.
In case of a judge's request, the alimony decided to be paid in the form of annuity in the coming years
may decide the amount to be paid according to the social and economic conditions of the parties.
V. Change of situation
Item 331- In case of a change in the situation, the judge may renew the amount of alimony upon request.
determines or removes alimony.
VI. Temporary measures
1. In general
Item 332- When the alimony lawsuit is filed, the judge, upon the request of the plaintiff,
takes the necessary measures.
If paternity is determined, the defendant may either store the appropriate amount of alimony or temporarily
payment can be made.
2. Before determination of paternity
Item 333- With the paternity case, alimony is requested and the judge has a strong probability of paternity.
found, it may decide on an appropriate child support for the needs of the child before the judgment.

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VII. Giving assurance
Item 334- The mother and father constantly and persistently fulfill their alimony obligations
If they do not bring them, or they are preparing to flee, they spend their goods haphazardly or they are wasted.
If they can be accepted, the judge will make an appropriate decision regarding their future maintenance obligations.
may decide to provide security or take other measures when necessary.

SIXTH SECTION
CUSTODY
A. In general
I. Conditions
Item 335- A minor child is under the custody of his parents. legal reason
custody cannot be taken from the parents.
Unless the judge deems it necessary to appoint a guardian, the restricted adult children are also the custody of the parents.
they stay under.
II. If the parents are married
Item 336- As long as the marriage continues, the parents use the custody together.
If the joint life has been terminated or separation has occurred, the judge may transfer the custody to one of the spouses.
can give.
In case of death of one of the parents, custody is given to the survivor, and in case of divorce, the child is himself.
belongs to the released party.
III. If the parents are not married
Item 337- If the parents are not married, the custody belongs to the mother.
If the mother is a minor, limited or dead or if the custody is taken from her, the judge may decide for the child's benefit.
Accordingly, he appoints a guardian or gives custody to the father.
IV. stepchildren
Item 338- Spouses should also show care and attention to their immature stepchildren.
they are responsible.
The other spouse assists the spouse who has custody of their child in an appropriate manner; status
and represents him for the needs of the child to the extent required by the circumstances.
B. Scope of custody
I. In general
Item 339- Parents, taking into account the interests of the child in the care and education of the child.
they take the necessary decisions and implement them.
The child is obliged to listen to the words of his parents.
Parents give the child the opportunity to organize his life to the extent of his maturity; important
They take his opinion into consideration as much as possible.
The child cannot leave the house without the consent of his parents and without legal reason.
cannot be obtained.
The child's name is given by the parents.

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II. Education
Item 340- The parents train the child according to their possibilities and their physical, mental,
provide and protect their spiritual, moral and social development.
Parents and children, especially those with physical and mental disabilities, abilities and tendencies
They provide general and vocational training to the appropriate extent. (one)
III. religious education
Item 341- The right to determine the religious education of the child belongs to the parents.
Any agreement that will limit the rights of the parents in this regard is void.
Adult is free to choose his religion.
IV. Representing the child
Item 342- Within the framework of the custody of the mother and father, the legal rights of their children against third parties
are representatives.
Third parties in good faith may assume that each of the spouses acts with the consent of the other.
Provisions regarding the representation of the restricted, except for matters subject to the permission of the guardianship authorities
It also applies to representation in custody.
V. Child's capacity to act
Item 343- The capacity of the child under custody is like the capacity of the person under guardianship.
The child, regardless of the rights of the parents over the children's property from the debts,
responsible for its assets.
VI. The child represents the family
Item 344- If the child under custody has the power to distinguish, the family with the consent of the parents
may take legal actions on its behalf; Due to these transactions, the parents are in debt.
VII. Legal transactions between the child and the mother and father
Item 345- Between the child and the mother or father, or for the benefit of the mother and father, the child
The child may become indebted through a legal transaction between the child and the third party,
subject to the participation and approval of the judge.
C. Child protection
I. Protective measures
Item 346- If the interest and development of the child is endangered, the mother and father are in the situation.
If they cannot find a solution or are unable to do so, the judge takes appropriate measures to protect the child.
II. Placement of children
Item 347- The physical and mental development of the child is in danger or the child is morally abandoned.
If the child remains in the same state, the judge will take the child from the parents and move him to a family or an institution.
can place.
The child's being in the family will not be expected to endure the peace of the family.
If there is no other option left according to the requirements of the situation, the request of the parents or the child
the judge may take the same measures.
–––––––––––––––––
(1) With Article 1 of the Law No. 6462 dated 25/4/2013, the phrase "handicapped" in this paragraph is replaced by "disabled"
was changed to.

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If the mother, father and child do not have the ability to pay, the expenses required by these measures are determined by the State.
is welcomed.
Provisions regarding alimony are reserved.
III. Removal of custody
1. In general
Item 348- No results can be obtained from other measures regarding the protection of the child or
If it is understood in advance that the measures will be insufficient, the judge may cancel the custody in the following cases:
decides:
1. (Amended: 1/7/2005-5378/38 art.) Parents' inexperience, illness,
failure to fulfill his/her duty of custody due to any of the reasons or similar reasons.
2. Parents do not show sufficient attention to the child or their obligations to him are severe.
form of neglect.
If custody is removed from both parents, a guardian is appointed to the child.
Unless otherwise stated in the decision, the removal of custody covers all current and future children.
2. In case of remarriage of the mother or father
Item 349- The remarriage of the parent who has custody, the abolition of the custody
not required. However, when the child's interests necessitate, the custodian can be changed, as well as the situation and the situation.
According to the conditions, custody can be removed and a guardian can be appointed to the child.
3. Obligations of parents in case of removal of custody
Item 350- In case of abolition of custody, the care and education of the children of the parents
obligations to meet their expenses continue.
If the mother, father and child do not have the ability to pay, these expenses are covered by the State.
Provisions regarding alimony are reserved.
IV. change of situation
Item 351- In case the situation changes, new measures regarding the protection of the child
conditions must be adapted.
If the reason for the removal of custody has disappeared, the judge, ex officio or mother or
gives back custody at the request of the father.
SEVENTH SECTION
CHILDREN'S GOODS
A. Management
I. In general
Item 352- The parents have the right to manage the property of the child as long as their custody continues.
owns and is responsible for it; As a rule, they do not give account and assurance.
In cases where the parents do not fulfill their obligations, the judge intervenes.
II. When the marriage is over
Item 353- When the marriage ends, the spouse who remains in custody, decides to the judge that the property of the child
to give a ledger showing the breakdown of the assets or the investments made.
must notify significant changes.

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B. Right to use
Item 354- Unless the custody of the parents is removed due to their faults, the child's property
they can use.
C. Expenditure of revenues
Item 355- The income of the parents, children's property is primarily the care and upbringing of the child.
and for education; they can spend to meet their family needs to the extent that it is fair.
Surplus income is added to children's goods.
D. Partial consumption of children's goods
Item 356- To the extent required by ordinary needs, payments in the form of capital, compensations and
similar acts can be partially used for the care of the child.
If there is an obligation for the care, upbringing and education of the child, the judge is responsible for the parents.
may grant the right to apply to the other property of the child in the amounts determined by him.
E. Child's free goods
I. Winnings
Item 357- Mother and father, interest-bearing investment or savings account is about to be opened or openly
on the condition that the parents do not use the incomes of the gains made to the child by their own
They cannot spend it for their own benefit.
Unless the person making the donation clearly stipulates the opposite during the award, the mother and the father
has the right to manage them.
II. reserved share
Item 358- The child's reserved share through death-related savings is outside the management of the mother and father.
can be left.
If the legator has left the management to a third party, at the disposal of this person at certain times.
may envisage him to be held accountable to the magistrate.
III. Goods and personal gain for the profession or art
Item 359- In order for the child to deal with a profession or art by the mother and father,
the management of the portion of his property or his own personal gain and the right to benefit from them
belongs to the child.
In case the child lives at home with his/her parents, the parents will take care of himself/herself from him/her.
may be asked to make an appropriate contribution.
F. Protection of children's property
I. Precautions
Item 360- The mother and father, for whatever reason, are not sufficient enough to manage the child's property.
If they do not pay attention, the judge takes appropriate measures for the protection of the goods.
The judge may in particular instruct on the management of the goods; information given at certain times
and if the account is not sufficient, it may decide to deposit the goods or to show security.
II. Removal of management from parents
Item 361- If the child's property cannot be prevented in any other way, the judge,
may decide to transfer the management to a trustee.

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When the child's property that does not belong to the mother and father is in danger, the judge
may decide to take action.
Income of children's goods or certain amounts separated from these goods in accordance with the law
If it is suspected that they will be spent in such a way, the judge may leave the management of these to a trustee.
G. End of administration
I. Transfer of goods
Item 362- When the parents' custody or management rights expire, the child's property,
together with the account, they transfer it to the adult child, guardian or trustee.
II. Responsibility of parents
Item 363- The parents are responsible as a proxy for the return of the child's property.
In accordance with the honesty rule, only the goods they have received instead of the goods they have transferred to someone else.
are liable to pay back.
Obligated to indemnify for expenses incurred for the child or family in accordance with the law.
they are not held.
SECOND PART
FAMILY
FIRST SECTION
alimony obligations
A. Alimony payers
Item 364- Everyone, with his/her superior and subordinate who will fall into poverty if he/she does not help
He is obliged to pay alimony to his siblings.
The alimony obligations of siblings depend on their well-being.
Provisions regarding maintenance debts of spouse and parents are reserved.
B. Right of action
Item 365- The alimony case is opened by considering the order in inheritance.
The lawsuit is a help that is necessary for the plaintiff's subsistence and appropriate to the financial strength of the other party.
is a request.
If it is unfair to demand alimony from one or more of the obliged parties, the judge shall
may reduce or remove the maintenance obligation.
The case may also be filed by official or publicly beneficial institutions that care for the alimony creditor.
can be opened.
The judge, upon request, decides to pay the alimony in the form of annuity in the coming years.
may decide the amount to be paid according to the social and economic conditions of the parties.
The competent court is the court of the domicile of one of the parties.
C. Persons in need of protection
Item 366- The care of people in need of protection is provided by the institutions responsible for it.
is provided. These institutions may request their expenses from their relatives who are liable for alimony.

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SECOND SECTION
HOME LAYOUT
A. Terms
Item 367- The law of the community formed by more than one person living as a family,
If there is a head of a house determined by convention or custom, he has the power to rule the house.
Power to manage the home, blood or in-law kinship, labor, apprenticeship or similar reasons; or
It includes all those who live together as a household in a relationship of protection and care.
B. Provisions
I. Housekeeping and surveillance
Item 368- People living together are subject to the order of the house. In the establishment of this order, the house
the interests of each of its people shall be fairly pursued.
necessary for each of the household, especially for his education, training, religious beliefs, profession and art.
enjoys freedom.
The head of the house is responsible for carefully protecting the belongings of the people living together and keeping them safe.
responsible for keeping it.
II. Responsibility
Item 369- The head of the household, the minor, the restricted, mental illness or mental weakness
from the harm caused by the person found, with the customary care required by the situation and circumstances.
even if he had been under surveillance or had shown such care and attention, he would have caused the damage to occur.
He is responsible unless he can prove that he cannot prevent it.
The head of the household may not allow those of the household with mental illness or mental infirmity to identify themselves or
is obliged to take the necessary measures so that they do not endanger or harm others.
In case of necessity, it requests the competent authority to take the necessary measures.
III. The subgenus will get equalization
1. Terms
Item 370- Those who live with their parents or grandparents and their labor or
Adult descendants who dedicate their income to the family can demand a suitable price in return.
In the event of a dispute, the judge is informed about the amount of the price, its security and the payment method.
decides.
2. Request
Item 371- Altsoy may request this amount in case of death of the debtor.
The creditor can take this receivable in the debtor's health, when the cohabitation ends or the business is taken over.
may also be requested in the event of an enforcement proceeding against the debtor or its bankruptcy.
This receivable does not expire. However, it can be requested until the moment of division of the debtor's estate at the latest.
THIRD SECTION
FAMILY GOODS
A. Family foundation
Article 372- Education and training, equipment and support of family members and their
the provisions of the law of persons and the law of inheritance in order to make the expenditures required for similar purposes.
a family foundation can be established.

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A property or right is passed on from generation to generation to those who come from the same lineage, so as not to pass on to others.
segregation is prohibited. Such an appropriation cannot be made by establishing a foundation either.
B. Family property partnership
I. Formation
1. Terms
Item 373- Relatives , wholly or partly of the inheritance passed on to them, or
they can establish a family property partnership between them by putting in other properties.
Figure 2.
Item 374- The official conclusion of the family property partnership agreement and the agreement of all partners
or their representatives.
II. Time
Item 375- Family property partnership can be established for a certain or indefinite period. Time
If not determined, each of the partners may leave the partnership, provided that six months' notice is given.
This notification is in a partnership with an agricultural enterprise, but according to the place where the products are grown.
valid for the end of the harvest season.
III. provision
1. Cooperative operation
Item 376- Family property partnership, partners to engage in economic activity jointly.
combines.
Unless otherwise agreed, each of the partners has equal rights.
As the partners cannot claim their shares as long as the partnership continues,
They can't do any savings either.
2. Management and representation
a. generally
Item 377- Family property partnership is managed jointly by all partners.
Each of the partners can carry out ordinary management tasks without the participation of other partners.
b. Manager's authority
Item 378- The partners can appoint one of them as the manager of the partnership.
The manager manages the partnership and represents him in transactions related to the partnership.
Representation of other partners, unless registered in the trade registry, who will represent the partnership
It cannot be brought forward against bona fide third parties for which it has no authority.
3. Common goods and personal property
Item 379- Partners jointly own the goods entering into the partnership.
The partners are jointly and severally liable for the debts of the partnership.
Unless otherwise agreed, with the goods excluded by the partners from the partnership,
acquired by inheritance or by any other means of gratuitous gain during the continuation of
the goods are their personal property.

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IV. Termination of partnership
1. Reasons
Article 380- Partnership ends in the following cases:
1. By agreement of all partners or notification of termination,
2. If the partnership period is not extended explicitly or implicitly, upon the expiry of the period,
3. With the seizure and sale of one of the partners' share,
4. With the bankruptcy of one of the partners,
5. At the justified request of one of the partners.
2. Notice of termination, incapable of paying, marriage
Item 381- If one of the partners declares the termination or goes bankrupt, or if a partner is confiscated.
If the sale of its share is requested, the other partners may pay the rights of the departing partner or their creditors.
they can keep up with each other.
The married partner, without the need for a notice of termination, is entitled to the payment of his right in the partnership.
may want.
3. Death
Item 382- In case of death of one of the partners, his heirs who are not included in the partnership,
however, they may request that the share of the deceased partner be paid to them.
If the deceased joint has left his descendants as heirs, they will replace him with the consent of the other partners.
they can join the partnership.
4. Sharing rules
Item 383- Sharing the partnership goods or calculating the share of the leaving partner,
It is made according to the value and condition of the partnership goods at the time of sharing or separation.
Sharing and reckoning cannot be requested at an inopportune time.
V. Family property partnership with profit share
1. Subject
Item 384- The partners, with the contract they will make between them, receive a certain amount from the annual income.
the representation of the partnership and the operation of the goods of the partnership to one of them, provided that a share is given
they can leave.
If this share is not determined by agreement, the property of the partnership in a suitably long term
fair, taking into account the average amount of earnings and the working and spending of the operating partner.
determined in some way.
2. Specific grounds for termination
Item 385- The partner who takes over the business and its representation does not operate the goods properly or
If the company does not fulfill its obligations, the partners have the right to demand the dissolution of the partnership.
Upon the request of one of the partners based on justified reasons, the judge
with the receiving partner on the operation and representation of this partner, taking into account the sharing rules.
may decide to participate in the management and to benefit from the partnership property together.
Rules regarding partnerships jointly operated by partners, family property with profit share
applied in partnership.

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C. Family dormitory
I. In general
Item 386- Houses, immovables suitable for agriculture or industry, family with their annexes
can be made a home.
II. Establishment
1. Terms
Item 387- The size of the immovables that will be turned into a family dormitory,
and without regard to the other property of the owner, of a size sufficient for the normal subsistence and accommodation of a family.
can't be too much.
Unless a temporary exception has been accepted by the court based on justified reasons,
It is obligatory to operate the immovable or the facility on it or to live in the residence.
2. Method and form
a. Ad
Item 388- Creditors and the possibility of their rights being damaged due to the establishment of a family dormitory
The persons who are found in the establishment are obliged to notify their objections within two months with the announcement made by the court before the establishment.
they are called.
The situation is for those who are secured by immovable pledges and foreclosed creditors.
is also reported.
b. Protection of the rights of third parties
Item 389- Necessary conditions for being a dormitory in the immovable that will be turned into a family dormitory
and third parties do not object to the establishment of the dormitory or if the objection is found to be unjustified,
The court authorizes the establishment.
Unless it is proved that the interest of the creditors who objected in due time has been terminated or the immovable
Unless the pledges and liens on it are removed, the establishment of a family dormitory cannot be allowed. debt, objection
The debtor who wants to establish a family residence, even if it is due to maturity in favor of the pledgee or the pledged creditor, immediately
can pay.
c. Annotation to the land registry
Item 390- Turning an immovable into a family dormitory is only subject to the court decision regarding the permission.
it is possible by giving an annotation to the land registry of that immovable; this matter is announced by the court.
III. Results
1. Limitation of the right of savings
Item 391- Immovables that have been turned into a family dormitory cannot be transferred, pledged or rented.
cannot be given.
Without prejudice to the case of administration by the court, for the family dormitory and its annexes,
enforcement cannot be applied.
2. Admission of blood relatives to the family dormitory
Item 392- The owner, who is in need of being taken to the family dormitory due to his poverty, and
admitting their descendants, descendants and siblings who do not have conditions that would prevent them from being accepted into the country.
may be decided by the court.

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3. Insolvency of the owner in payment
Item 393- If the owner is incapable of paying his debts, the court will decide to manage the family home.
an administrator is appointed.
The manager manages the dormitory in accordance with its purpose and the interests of the creditors.
Creditors receive their rights according to the date and order of bankruptcy in their insolvency documents.
IV. expiration
1. In case of death of the owner
Item 394- The continuation of the family residence after the death of the owner,
It depends on the fact that a testamentary disposition has been made regarding the transfer as a dormitory to the heirs.
If there is no such savings, the annotation regarding the dormitory in the land registry is deleted when the owner dies.
2. In the health of the owner
Item 395- The owner can end the dormitory in his health.
For this, the owner applies to the court with a petition to delete the registration in the land registry;
this request is announced by the court.
No objection is made within two months from the announcement date or the objection made is unfair.
If found out, the court will allow the record to be deleted from the register.
PART THREE
TUTELAGE
FIRST PART
GUARDIAN ORDER
FIRST SECTION
GUARDIAN BODIES
A. In general
Item 396- Guardianship bodies are guardianship offices, guardians and trustees.
B. Guardianship offices
I. Public guardianship
Article 397- Guardianship offices consisting of public guardianship, guardianship authority and supervisory authority
is carried out by.
guardianship authority, magistrate's court; The supervisory authority is the court of first instance.
II. special guardianship
1. Terms
Item 398- The interests of the person under guardianship are justified, especially an enterprise, a
If the partnership or similar business needs to be continued, guardianship is exceptionally given to a family.
can be given.
In this case, the authority, duty and responsibility of the guardianship authority passes to the family council to be established.

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2. Establishment
Item 399- Private tutelage is the custody of two close relatives of the person who is under guardianship.
It is established by the supervisory authority at the request of a relative or spouse.
3. Family council
Item 400- The family council is qualified to be the guardian of the person under guardianship, by the supervisory authority.
consists of at least three relatives to be appointed for the year.
The spouse of the person under guardianship may also be a member of the family council.
4. Assurance
Item 401- Members of the family council are assured that they will fulfill their duties duly.
they have to give.
Private tutelage cannot be established without assurance.
5. Termination
Item 402- The benefit of the person who does not fulfill the duty of the family council or who is under guardianship
The supervisory authority can always change the family council as well as private tutelage if it so requires.
can end.
C. Guardian and trustee
Item 403- The guardian is related to the personality and assets of the minor or the restricted person under guardianship.
He is obliged to protect all his interests and to represent him in legal proceedings.
A trustee is appointed to see certain jobs or manage assets.
The provisions of this Law on the guardian shall also apply to the trustee unless otherwise stated.
SECOND SECTION
CONDITIONS REQUESTING GUARDIAN
A. Infancy

Item 404- Every minor that is not under guardianship is placed under guardianship.
Civil registry officers who learn of the existence of such a situation that requires guardianship while performing their duties,
Administrative authorities, notaries and courts should immediately notify the competent guardianship authority of this situation.
they have to.
B. Restriction
I. Mental illness or mental weakness
Item 405- People who cannot see their jobs due to mental illness or mental weakness, or their protection and care
Any adult who needs constant help or endanger the safety of others is restricted.
Learning the existence of a situation that makes it necessary to be placed under guardianship while performing their duties.
Administrative authorities, notaries and courts should immediately notify the competent guardianship authority of this situation.
they have to.
II. Extravagance, alcohol or drugs Substance abuse, poor lifestyle, mismanagement
Item 406- Extravagance, alcohol or drug addiction, bad lifestyle or
to bring himself or his family into hardship or poverty due to mismanagement of his property
danger to others and therefore in need of continued protection and care, or to others
Any adult that threatens their safety is restricted.

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III. Freedom-binding punishment
Item 407- Every person sentenced to a prison sentence of one year or more
adult is restricted.
The authority responsible for carrying out the sentence, that such a convict has begun to serve his sentence,
He is obliged to immediately notify the competent guardianship authority to be appointed a guardian.
IV. on request (1)
Item 408- Due to his old age, disability, inexperience or serious illness, his work is required.
Every adult who proves that he can't manage like you can request to be restricted.
C. Procedure
I. Hearing of the person concerned and the expert report
Item 409- A person's extravagance without being listened to, alcohol or drug addiction,
cannot be restricted due to bad lifestyle, mismanagement or desire.
Restriction due to mental illness or mental weakness can only be granted by an official health board report.
is decided upon. (Additional sentence: 6/12/2019-7196/52 art.) 436 when necessary for the preparation of this report
The provisions of the article are applied. Before making a decision, the judge, having regard to the report of the board,
can listen to the person who is requested to be restricted.
II. Ad
Item 410- When the restriction decision is finalized, it is registered to the population with the place of residence of the restricted person immediately.
where it is announced.
The restriction does not affect bona fide third parties before the announcement.
Provisions regarding the consequences of not having the power to discriminate are reserved.
THIRD SECTION
AUTHORITY
A. Authority in guardianship affairs
Item 411- The guardianship in the settlement of the minor or the restricted person in guardianship affairs
owned by their flats.
B. Change of residence
Item 412- Unless the permission of the guardianship authority, the person under guardianship will not
cannot change.
In case of a change of residence, the authority passes to the new guardianship offices. In this case the restriction
announced at the new settlement.
FOURTH SECTION
APPOINTMENT OF GUARDIAN
A. Terms
I. In general
Item 413- The guardianship authority appoints an adult who is capable of performing this duty as a guardian.
Where necessary, he/she may perform this duty together or with the powers determined by the guardianship authority.
More than one guardian may be appointed to fulfill them separately in accordance with the law.
Unless their consent is obtained, more than one person cannot be assigned to carry out the guardianship together.
–––––––––––––––––
(1) With Article 1 of the Law No. 6462 dated 25/4/2013, the phrase "injury" in this article
Changed to "disability".

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II. Priority of spouse and relatives
Item 414- Unless legitimate reasons prevent, the guardianship authority,
First of all, their spouse or one of their close relatives can be appointed to this duty, provided that they have guardianship conditions.
throws. This appointment takes into account the proximity of settlements and personal relationships.
III. Relevant requests
Item 415- Unless legitimate reasons prevent the guardianship, the person to be placed under guardianship or the mother
or the person shown by his father is appointed.
IV. Obligation to accept guardianship
Item 416- Those who are appointed as guardians from the residents of the person under guardianship,
are responsible for accepting this task.
In case of appointment by the family council, there is no obligation to accept guardianship.
V. Reasons for avoiding guardianship
Item 417- The following persons may not accept guardianship:
l. Those over the age of sixty,
2. Those who can hardly do this job due to their physical disabilities or permanent illnesses, (1)
3. Parents of more than four children,
4. Those who have guardianship duties on them,
5. President, members of the Turkish Grand National Assembly, Vice Presidents,
ministers, judges and prosecutors. (2nd)
VI. Reasons preventing guardianship
Item 418- The following persons cannot be guardians:
1. Restricted,
2. Those who are banned from public service or lead a dishonorable life,
3. Those whose interests significantly conflict with the interests of the person to be appointed as a guardian, or
those with enmity among themselves,
4. Judges of the relevant guardianship offices.
B. Appointment procedure
I. Appointment of guardian
Item 419- The guardianship authority is obliged to appoint a guardian without delay.
When necessary, it can be decided to restrict those who are not yet adults; but,
The restriction decision has consequences after it becomes adult.
Restricted adult children are not placed under guardianship as a rule, but are left under guardianship.
II. Temporary measures
Item 420- If the guardianship makes it necessary, the guardianship authority, after the appointment of the guardian
first, it takes the necessary measures ex officio; in particular, temporarily suspending the person's legal capacity to be restricted.
can remove it and assign a delegate to it.
The decision of the guardianship authority is announced.
–––––––––––––––––
(1) With the 1st article of the Law No. 6462 dated 25/4/2013, the phrase "excuses" in this paragraph means "handicaps".
was changed to.
(2) With Article 139 of Decree Law No. 700 dated 2/7/2018, “and members of the Council of Ministers” in this paragraph
The phrase "members, vice-presidents, ministers" has been changed.

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III. Communiqué and announcement
Item 421- The appointment decision is immediately notified to the guardian.
The decision regarding the restriction and the appointment of a guardian or if the restricted custody is left under custody,
It is announced in the place of residence of the restricted person and in the place where he/she is registered.
IV. Avoidance and objection
Method 1
Item 422- The person appointed as guardian, within ten days starting from the notification of this situation to him.
may exercise the right to abstain from guardianship.
All concerned must be notified within ten days from the day they learn that the guardian has been appointed.
may argue that it is against the law.
If the guardianship authority sees the reason for avoiding guardianship or objection on the spot, it appoints a new guardian;
If he does not see it on the spot, he will take the situation to make the necessary decision together with his opinion on this matter.
notify the supervisory authority.
2. Temporary duty
Item 423- Even if the person appointed as guardian has avoided guardianship or objected to his appointment.
Even so, he is obliged to fulfill the duties of the guardian until someone else is appointed in his place.
3. Decision
Item 424- The supervisory authority shall give the decision to the person assigned to the guardianship and the guardianship.
notifies the authority.
In case of dismissal of the guardian, the guardianship authority immediately appoints a new guardian.
V. Assignment of the task
Item 425- When the appointment decision is finalized, the guardianship authority is necessary for the guardian to start his duty.
does the transactions.
FIFTH SECTION
Trusteeship and Legal Counseling
A. Situations that require trusteeship
I. Representation
Item 426- The guardianship authority, in other cases written below or shown in the law
At the request of the person concerned or ex officio appoints a trustee:
1. A mature person does not take an urgent job due to illness, being in another place or a similar reason.
is unable to see himself or appoint a representative,
2. If the interests of the legal representative and the interests of the minor or the restricted person conflict in a business,
3. If there is an obstacle to the performance of the legal representative's duties.
II. Administration
1. By law
Item 427- The guardianship authority takes the necessary measures for the goods whose management does not belong to anyone.
and appoints a management trustee, especially in the following cases:
1. If a person cannot be found for a long time and his place of residence cannot be known,

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2. Even if there is no sufficient reason to be placed under guardianship, a person
lacks the power to administer on his own or to appoint a representative for it,
3. Inheritance rights in an estate are not clear yet or if the interests of the fetus necessitate it,
4. If a legal entity has been deprived of the necessary organs and its management has not been achieved in any other way,
5. Money collected from the public for a charitable or other work for general benefit, etc.
if a means of administering or spending aid is not provided.
2. On request
Item 428- If there is one of the reasons for optional restriction, an adult person
A trustee may be appointed.
B. Legal advice
Item 429- Although there is no sufficient reason for its restriction, the act in terms of protection
An adult person whose capacity is deemed necessary to be limited is sent to an adult to be consulted on the following works:
legal counsel is appointed:
1. To sue and settle,
2. Purchase, sale, pledge of immovables and establishment of another real right on them,
3. Purchase, sale and pledge of valuable documents,
4. Construction works outside the ordinary administrative boundaries,
5. Lending and receiving,
6. Receiving the principal,
7. Forgiveness,
8. Commitment to foreign exchange,
9. Don't be a guarantor.
Under the same conditions, the authority to manage a person's assets can be
may be withdrawn without prejudice to the right of disposition.
C. Authority
Item 430- Representation trustee, the place of residence of the person to whom a trustee will be appointed, is the guardianship.
appointed by the authority.
The management trustee is the person whose majority of the assets are managed or represented.
The place where the goods falling to his share are located is appointed by the guardianship authority.
D. Procedure
Item 431- Rules regarding the appointment of the guardian, trustee and legal advisor.
applies to the appointment.
The decision regarding the appointment of a trustee or legal advisor can only be made if the guardianship authority is required.
it is announced in case of seeing it.

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SIXTH SECTION
RESTRICTION OF FREEDOM FOR PROTECTION
A. Terms
Item 432- Mental illness, mental weakness, alcohol or drug addiction, severe
every situation that poses a danger to society by one of the causes of dangerous contagious disease or vagrancy.
for treatment, education or rehabilitation, unless personal protection can be provided in any other way.
may be placed or detained in a suitable institution. While performing their duties, one of these reasons
public officials, who learn of its existence, immediately report this situation to the competent guardianship authority.
they have to.
In this regard, the burden that the person brings to his environment is also taken into consideration.
The person concerned is removed from the institution as soon as his situation allows.
B. Authority
Item 433- The authority to decide on placement or detention is the place of residence of the relevant person or
In cases where there is a problem in delay, the place where it is located belongs to the guardianship authority.
The guardianship authority that decides to place or retain it is also authorized to remove it from the institution.
C. Notification obligation
Item 434- A restricted person is placed in an institution or detained or a mature person
If it is deemed necessary to take other measures regarding guardianship, the place where the person is located.
guardianship authority or the related persons stipulated in special laws, the situation is transferred to the guardianship authority of the settlement.
are responsible for reporting.
D. Objection
Item 435- The person or their relatives who are placed in the institution, against the decision made against them.
They can object to the supervisory authority within ten days starting from the notification.
This right can also be used in case of rejection of the request to be removed from the institution.
E. Procedure
I. In general
Item 436- Restriction of freedom for the purpose of protection, without prejudice to the following rules,
Subject to the Code of Civil Procedure:
1. Informing the relevant person about the reasons for this while making the decision and auditing against the decision
It is obligatory to draw your attention in writing that you can object to the authority.
2. The person placed in an institution, the decision of detention or the request to be removed from the institution
It is immediately notified in writing that it can appeal to the supervisory authority within ten days at the latest against the refusal.
3. Any request requiring a court decision shall be forwarded to the competent judge without delay.
4. Depending on the characteristics of the guardianship authority or the dominant position that made the placement decision, this request
may delay the meeting.
5. Mental illness, mental weakness, alcohol or drug addiction, grave danger
A decision can be made about those with contagious diseases only after the official health board report is received.
(Repealed sentence: 6/12/2019-7196/53 art.) (…)
6. (Annex: 6/12/2019-7196/53 art.) In order to ensure that the official health board report can be obtained;
Samples such as hair, saliva, nails can be taken from the person's body with blood or similar biological samples,
Necessary medical interventions can be made to the person and, if necessary, the person can do so at the most
can be placed in a health institution for twenty days.
7. (Annex: 6/12/2019-7196/53 art.) When necessary for the execution of the decisions taken within the scope of this article
force can be used against the person concerned and necessary medical help can be obtained from health officials.

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II. Judgmental procedure
Item 437- The judge decides according to the simple trial procedure.
When necessary, legal aid is provided to the person concerned.
(Amended paragraph: 6/12/2019-7196/54 art.) The judge listens to the person concerned and decides without delay.
gives.
SECOND PART
EXECUTION OF GUARDIAN
FIRST SECTION
DUTIES OF THE GUARDIAN
A. Getting started
I. Bookkeeping
Item 438- Upon the finalization of the decision to be appointed to guardianship, the guardianship and the guardianship authority
A book of the assets to be managed is kept without delay by a person to be appointed by him.
If the person under guardianship has the power to discern, if possible, while keeping the book.
is made available.
If the circumstances so require, at the request of the supervisory authority, guardian and guardianship authority
may decide to keep the official book of the assets of the person under guardianship. This notebook
It has the consequences of the official book in the inheritance against the creditors and in accordance with the procedure there
is kept.
II. Storage of valuables
Item 439- Valuable documents, valuables, important documents and the like, management of assets
If there is no inconvenience in terms of security, it is placed in a safe place under the supervision of the guardianship authority.
III. Selling movables
Item 440- If the interest of the person under guardianship requires, other than valuable things
movables are sold by auction in accordance with the instruction of the guardianship authority. Judge, special circumstances,
Considering the nature of the movable or its low value, it may also decide to sell by bargaining.
Things of special value to the person under guardianship or to their family, necessity
cannot be sold unless
IV. depositing money
1. Obligation to deposit
Item 441- Necessary for the person under guardianship or for the management of his assets
The money that is not in the money is deposited in a national bank determined by the guardianship authority to earn interest.
or converted into securities issued by the Treasury.
The guardian, who delays the deposit of the money for more than one month, is obliged to pay the loss of interest.
2. Conversion of investments
Item 442- Investments that are not reassuring enough are converted into safe investments.
The conversion process is timely and in the best interest of the person under guardianship.
must be done.

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V. Commercial and industrial enterprises
Item 443- A commercial, industrial or similar enterprise within the assets of the person under guardianship
if any; The guardianship authority gives the necessary instructions for the continuation of their operation or their liquidation.
VI. Sale of real estate
Item 444- The sale of immovables, in accordance with the instruction of the guardianship authority and only under guardianship
It is possible in cases where the interest of the person under him makes it necessary.
Sales, where the guardianship is ready by a person to be appointed by the guardianship authority for this job.
Otherwise, it is done by auction and the tender is completed with the approval of the guardianship authority; pertaining to approval
The decision must be made within ten days starting from the tender day.
However, the supervisory authority, exceptionally, does not consider special circumstances, the nature or value of the real estate.
Considering its scarcity, it may also decide to sell by bargaining.
B. Care and representation
I. Attention to the person
1. Minors
a. generally
Item 445- If the person under guardianship is small, the guardian is required for his care and education.
responsible for taking measures.
Without prejudice to the provisions regarding the powers of the guardianship offices, the guardian is the main and
He has the father's powers.
b. Restriction of liberty for the purpose of protection
Item 446- Application of the guardian for the placement of minors in an institution for protection
the guardianship authority or, in cases where delay is inconvenient, the guardian himself decides, and
immediately reports the situation to the guardianship authority.
Apart from this, the protection of adults whether it is limited or not in matters related to procedure and authority.
for the purpose of restricting their freedom, the provisions shall apply.
A child who has not completed the age of sixteen cannot personally apply to the court in this regard.
2. Restricted
Item 447- The guardian is responsible for protecting the restricted and helping him in all his personal affairs.
liable.
In cases where delay is inconvenient, the guardian may limit the freedom for the purpose of protection.
place or detain the person in an institution in accordance with the relevant provisions and
notifies the guardianship authority.
II. Representation
1. In general
Item 448- The guardian, without prejudice to the provisions regarding the powers of the guardianship offices,
represents the person under guardianship in all legal proceedings.
2. Prohibited transactions
Item 449- Being a guarantor on behalf of the person under guardianship, establishing a foundation and making important donations
presence is prohibited.

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3. Obtaining the opinion of the person under guardianship
Item 450- If the person under guardianship has the ability to form and express their views, the guardian
Before making a decision on important matters, he is obliged to seek his opinion, as far as possible.
The fact that the person under guardianship has found the job appropriate does not relieve the guardian from responsibility.
4. Works that the person under guardianship can do
a. Consent of guardian
Item 451- The person under guardianship who has the power to distinguish, express or implied permission of the guardian
or with its subsequent approval, it may become liable or waive a right.
The action is taken in an appropriate manner determined by the other party or to be determined by the judge upon its application.
If it is not approved within the time limit, the other party is no longer bound by it.
b. The result of disapproval
Item 452- In transactions where the guardian is not approved, each of the parties may request back what he has given.
However, the custodian can only be used for self-interest or at the time of reclaim.
disposed of with the amount of enrichment existing in the assets or without good faith
responsible for the amount.
If the person under guardianship has misled the other party that he has the capacity to act, his
therefore he is liable for the damage he suffered.
5. Profession or art
Item 453- The person under guardianship is given a profession or art by the guardianship authority.
if permission has been granted for the execution of such persons, that person is authorized to take any ordinary action related to it, and
responsible for such transactions with all his assets.
C. Managing assets
I. Management and accountability obligations
Item 454- The guardian is to carefully manage the assets of the person under guardianship like a good manager.
has to.
The guardian is responsible for keeping accounts related to the administration and on the dates determined by the guardianship authority and in any case.
He is obliged to submit the account to his review once a year.
If the person under guardianship has the ability to form and express their views,
shall be made available to the extent possible during the examination by the
II. free goods
Item 455- The person under guardianship, with the goods left at his disposal, with the permission of the guardian
freely manages and uses the goods earned by working.
D. Duration of the task
Item 456- The guardian is appointed for two years as a rule.
The guardianship authority may extend this period for two years each time.
After four years, the guardian can exercise his right to abstain from guardianship.
E. Guardian's fee
Item 457 - The guardian can be disposed of from the assets of the person under guardianship, if there is no possibility.
He may request a fee to be paid from the Treasury. Salary payable to management
each accounting period, taking into account the labor required and the income of the assets managed.
determined by the guardianship authority.

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SECOND SECTION
DUTIES OF THE trustee
A. The position of the trustee
Item 458- Appointing a trustee to a person does not affect his capacity to act. to legal advice
The relevant provisions are reserved.
The term of office and the salary of the trustee are determined by the guardianship authority.
B. Scope of trusteeship
I. A certain job
Item 459- The trustee, who is assigned for a certain job, is subject to the instruction of the guardianship authority.
must comply exactly.
II. Asset management
Item 460- If the trustee is assigned with the management and surveillance of an asset, only that person
It can do the work necessary for the management and protection of its assets.
The trustee's ability to do other works, depending on the special authority to be given by the representative, the representation.
If it is not in a position to give this authority, it depends on the permission of the guardianship authority.
THIRD SECTION
DUTIES OF GUARDIAN OFFICES
A. Complaint and objection
Item 461- The person under guardianship who has the power to distinguish and each related, guardian's action and
can file a complaint against the guardianship authority.
Inspection against the decisions of the guardianship authority within ten days starting from the day of notification
authority can be appealed.
B. Permission
I. From the guardianship authority
Item 462- The permission of the guardianship authority is required in the following cases:
1. Purchase, sale, pledge of immovables and establishment of another real right on them,
2. movable or other rights and values ​other than ordinary management and business needs.
purchase, sale, transfer and pledge,
3. Construction works exceeding the ordinary management limits,
4. Lending and receiving,
5. Commitment to foreign exchange,
6. Product for one year or more and immovable rent for three years or more
making contracts,
7. The person under guardianship is engaged in an art or profession,
8. In cases of urgency, without prejudice to the guardian's authority to take temporary measures, litigation, settlement
making arbitration and concordat,

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9. Goods regime contracts, distribution of inheritance and transfer of inheritance share agreements
to be made,
10. Statement of insolvency without paying debts,
11. Making life insurance for the person under guardianship,
12. Making an apprenticeship contract,
13. Placement of the person under guardianship in an education, care or health institution,
14. Changing the place of residence of the person under guardianship.
II. From the supervisory authority
Item 463- In the following cases, the permission of the supervisory authority after the permission of the guardianship authority
is necessary:
1. Adoption or adoption of the person under guardianship,
2. Naturalization or exit of the person under guardianship,
3. The acquisition or liquidation of a business is a partnership that requires personal liability.
to enter or become a partner in a company with significant capital,
4. Making a lifetime pension or income or maintenance until death contracts,
5. Acceptance, rejection of inheritance or making an inheritance contract,
6. Making the minor adult,
7. Making a contract between the person under guardianship and the guardian.
C. Examination of reports and accounts
Item 464- The guardianship authority examines the reports and accounts that the guardian will give in certain periods;
requests their completion or correction when deemed necessary.
The guardianship authority accepts or rejects reports and accounts; when necessary, the person under guardianship
takes appropriate measures to protect its interests.
D. Absence of permission
Item 465- Without obtaining the permission of the guardian's authorized guardianship offices, although required by law
The transactions made by the person under guardianship are considered as the transactions made without the consent of the guardian.
FOURTH SECTION
BODIES OF GUARDIAN
RESPONSIBILITY
A. Duty of care
Item 466- Guardianship bodies and other persons assigned with guardianship affairs,
While performing their duties, they are obliged to show the care required by a good management.
B. Liability of guardian
Item 467- The guardian is the person under guardianship with his faulty behavior while fulfilling his duty.
responsible for the damage caused.
The same provision applies to trustees and legal advisors.

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C. Responsibility of the State
Item 468- The people who are in charge of the state, guardianship offices unlawfully cause
as directly responsible for the damages they cause; to guardians, trustees and legal advisors
liable for irreparable damages.
The State indemnifying the damage shall recourse to those who were at fault in causing the damage.
Those who have caused the damage with their faults, are jointly and severally against the State exercising the right of recourse.
they are responsible.
D. Duties and powers
Item 469- To look into the case of recourse against the persons working in the guardianship offices of the state,
The closest court of first instance to the place where the guardianship offices are located is authorized.
The place where the guardianship offices are located in compensation and other recourse cases related to guardianship.
appear in court.
THIRD PART
TERMINATION OF TUTORIAL
FIRST SECTION
CONDITIONS REQUESTING GUARDIAN
TERMINATION
A. In minors
Item 470- The guardianship over the minor ends automatically when he/she becomes adult.
If the juvenile's maturity is decided by the court, the court also determines the date of the juvenile's adulthood.
determines and announces that it will be.
B. In convicts
Item 471- On the person who is restricted due to a sentence of imprisonment
The guardianship is automatically terminated upon the expiry of the imprisonment.
C. Other restrictions
I. Removal
Item 472- The guardianship over other restricted persons ends with the decision of the competent guardianship authority.
Upon the disappearance of the reason requiring guardianship, the guardianship authority terminates the guardianship.
decides.
Each of the restricted and related parties can request the removal of the guardianship.
II. procedure
1. Announcement
Item 473- If the restriction has been announced, its removal is also announced.
Regaining the capacity to act is not dependent on the announcement.
2. In mental illness or mental weakness
Item 474- On the person who is restricted due to mental illness or mental weakness
The official health board stated that the guardianship was abolished, but the reason for the restriction was eliminated.
A decision can be made if it is determined by the report.

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3. Extravagance, alcohol or drugs Substance abuse, poor lifestyle, mismanagement
Item 475- Extravagance, alcohol or drug addiction, bad lifestyle or
The person who has been restricted due to mismanagement of his assets can request the removal of the guardianship,
Complaints have been made about the reason for which he has been placed under guardianship for at least one year.
Depends on whether he didn't.
4. On request restriction
Item 476- The removal of the guardianship over the person who has been restricted voluntarily
depends on the elimination of the necessary cause.
D. In trusteeship and legal advice
I. In general
Item 477- Representation trusteeship ends with the completion of the work assigned by the trustee.
Management trusteeship, when the reason for the appointment of a trustee disappears or the trustee's
ends with his dismissal.
Legal consultancy, in accordance with the provisions regarding the abolition of guardianship, the guardianship authority
ends with the decision.
II. Ad
Item 478- The appointment has been announced or the guardianship authority deems it necessary
In such cases, it is also declared that the trusteeship has ended.
SECOND SECTION
END OF GUARDIAN DUTY
A. Loss of capacity to act and death
Item 479- The duty of guardianship ends when the guardian loses his capacity to act or dies.
B. The expiration and non-extension of the period
I. Expiration
Item 480- If the guardianship is not extended, it ends with the expiration of the period.
II. Emergence of the obstacle or reason for avoidance
Item 481- The guardian , to withdraw from his duty in case of emergence of an obstacle to guardianship
has to.
If a reason for avoidance arises, the guardian may be dismissed before the expiry of the term.
may request; however, he has to continue his duty in the presence of important reasons.

III. Obligation to continue to work
Item 482- The guardian, whose duty has ended, is obliged to carry out the obligatory works until the new one starts to work.
liable.
C. Dismissal
I. Reasons
Item 483- The guardian grossly neglects his duties, abuses his powers or distrusts
If he/she behaves shockingly or fails to pay debts, he/she is dismissed by the guardianship authority.
is taken.

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The interests of the person under guardianship due to the inability of the guardian to perform his duty
If it is in danger, the guardianship authority may dismiss the guardian even if he is not at fault.
II. procedure
1. On request or ex officio
Item 484- The person under the guardianship who has the power to distinguish or each related, guardian
may request his dismissal.
The guardianship authority, which learns the existence of the reason for dismissal from another way,
is obliged to dismiss the guardian ex officio.
2. Research and warning
Item 485- The guardianship authority only after doing the necessary research and listening to the guardian
can dismiss him.
The guardianship authority warns that the guardian will be dismissed in cases that are not severe.
3. Interim measures
Item 486- In cases where there is danger in delay, the guardianship authority temporarily
as he can quit his job and appoint a trustee; if necessary, taking into account the possible harm
may place a precautionary lien on the guardian's property and may also request his arrest.
4. Other measures
Item 487- The guardianship authority, in addition to dismissal and warning,
He is also obliged to take other necessary measures to protect the person under him.
5. Objection
Item 488- Those concerned, against the decisions of the guardianship authority, ten days from the day of notification.
may appeal to the supervisory authority. The supervisory authority may do this by holding a hearing when necessary.
finalizes the appeal.
THIRD SECTION
TERMINATION OF GUARDIAN
RESULTS
A. Final account and delivery of assets
Item 489- The guardian whose duty has ended, the last report and final account of the administration is the guardianship.
as he is obliged to give to his authority; to the person under guardianship, his heirs or
The new guardian must have it ready for delivery.
B. Examination of the report and account
Item 490- The last report and final account are under tutelage, such as reports and accounts given at certain times.
reviewed and approved by the authority.
C. Dismissal of guardian
Item 491- After the final report and final account are approved and the assets are under guardianship,
The guardianship authority terminates the guardian's duty after it is handed over to the heirs or the new guardian.
decides it's over.
The guardianship authority, with its decision on the approval or rejection of the final report and final account.
to file a lawsuit against the person whose final account is under guardianship, his heirs or a new guardian,
notifies that they have rights. In this notification, it is stated that the guardian's duty was terminated.
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D. Timeout in liability action
I. Ordinary statute of limitations
Item 492- The notification of the final account of the compensation lawsuit to be filed against the responsible guardian and trustee
The statute of limitations expires after one year from the date on which it was issued.
The statute of limitations for the compensation action to be filed against the State for damages that cannot be compensated
period, starting from the understanding that the damage cannot be compensated to the guardian, trustee and legal advisor.
for one year.
Against the State for damages caused by those working in guardianship offices.
The statute of limitations for lawsuits to be filed is subject to general provisions.
The state's recourse action becomes time-barred after one year has passed since the birth of the right of recourse.
II. extraordinary statute of limitations
Item 493- By the injured party before the ordinary statute of limitations begins to run.
for a miscalculation or a liability reason that is not known or understood.
starting from the learning of the wrong account or the reason for the liability.
can be opened within a year.
Compensation lawsuits arising from guardianship, in any case, ten years from the notification of the final account.
expires.
E. The person under guardianship will receive
Item 494- The person under guardianship will receive a privileged claim against the guardian or the State.
BOOK THREE
LAW OF HERITAGE
PART ONE
HEROES
FIRST PART
LEGAL HEIRS
A. Blood relatives
I. Altsoy
Item 495- The first degree heirs of the legator are his descendants.
Children are equal heirs.
The place of children who died before the legator, by succession in all degrees,
takes subordinates.
II. mother and father
Item 496- The heirs of the inheritor who has no descendants are his parents. These are equal
as heirs.
The place of the mother and father who died before the decedent, by succession in all degrees
takes its own descendants.
If there is no heir on one side, the entire inheritance goes to the heirs on the other side.

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III. great mother and grandfather
Item 497- The heirs of the inheritor who do not have descendants, parents and their descendants,
their great parents and grandparents. They are equal heirs.
Places of grandparents who died before the legator, at all degrees
receives its descendants by succession.
One of the maternal or paternal grandparents without descendants
If he died before the inheritance, his share remains with the heirs on the same side.
Both maternal and paternal grandparents without descendants
If they died before the heir, all the inheritance goes to the heirs on the other side.
If there is a surviving spouse, the death of one of the grandparents before the inheritance
in case of his share to his own child; to the grandparents on that side if they have no children; on one side
If both of the grandparents are dead, their share goes to the other side.
IV. extramarital relatives
Item 498- Born out of marriage and established by paternity, recognition or judgment
Those who are inherited from the father's side become heirs like marital relatives.
B. Surviving spouse
Item 499- The surviving spouse is paid at the following rates to the decedent according to the group with which he is together.
becomes heir:
1. If the legator becomes heir with his descendants, one quarter of the inheritance,
2. If the inheritor becomes an heir with the parent group, half of the inheritance,
3. If the legator becomes heir with his grandparents and their children,
three-quarters of the inheritance, if they do not exist, the entire inheritance remains with the spouse.
C. Adoption
Item 500- Adoption and descendants become heirs to the adopter like blood relatives. Adoption's own
His legacy continues in his family.
The adopter and his relatives do not inherit the adoption.
D. State
Item 501- The inheritance of the person who dies without leaving an heir passes to the State.
SECOND PART
DEATH CONSEQUENTIAL SAVINGS
FIRST SECTION
SAVING LICENSE
A. Driver's license
I. Will
Item 502- He has the power to distinguish in order to make a will and has completed the age of fifteen
must be.

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II. In the inheritance agreement
Item 503- In order to be able to make an inheritance contract, to have the power to distinguish and to be adult, limited
should not exist.
B. Injury of will
Item 504- What the legator did under the influence of mistake, deception, intimidation or coercion
death-related savings are not valid. However, if the legator learned that he was mistaken or deceived, or
from the savings within one year, starting from the day on which the intimidation or coercion is
If not, the savings will be considered valid.
In case of a clear mistake in specifying the person or thing in the death-related disposition, the inheritance
If his true desire can be pinpointed, the savings are adjusted accordingly.
SECOND SECTION
FREEDOM TO SAVE
A. Saveable portion
I. Scope
Article 505- (Amended first paragraph: 4/5/2007-5650/1 art.) As the heir, the descendants, the main and
the inheritor with a father or spouse, the part of the inheritance other than the reserved shares is subject to death.
can save money.
If none of these heirs are present, the inheritor can save all of his inheritance.
II. reserved share
Item 506- The hidden share consists of the following ratios:
1. Half of the legal inheritance share for Altsoy,
2. One quarter of the legal inheritance share for each of the parents,
3. (Repealed: 4/5/2007-5650/2 art.)
4. For the surviving spouse, if he is an heir with descendants or parents, legal
the entire inheritance share, in other cases three-quarters of the legal inheritance share.
III. Calculation of the saveable portion
1. Debt reduction
Item 507- The saveable part is the status of the estate on the death day of the inheritance.
calculated accordingly.
While calculating, the debts of the inheritance, funeral expenses, sealing and writing of the estate
three-month subsistence expenses of those living with and cared for by the legator.
expenses are deducted from the estate.
2. Unrequited grants
Item 508- Unrequited gains by the legator, which are subject to criticism
to the extent that it is added to the estate in the account of the saveable portion.
3. Insurance claims
Item 509- Life insurance in favor of the third party to be paid on the death of the legator himself
contract or subsequently appoint such a person as the beneficiary or against the insurer.
transferring the right of claim to a third party without any compensation through inter-life or death-related disposition
In this case, the purchase value of the insurance receivable at the time of the decedent's death is added to the estate.

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B. Disinheritance
I. Reasons
Item 510- In the following cases, the inheritor may have a reserved share with a testamentary disposition.
can remove the heir from the heir:
1. If the heir has committed a serious crime against the legator or one of the relatives of the legator,
2. Arising from family law against the heir, the legator or the family members of the legator
has not substantially fulfilled its obligations.
II. Terms
Item 511- The person who is removed from the inheritance cannot get a share from the inheritance; litigation as well
cannot open.
Unless the inheritor has made any other savings, the person who has been removed from the inheritance
inheritance share, as if that person died before the inheritor, to the descendants of the heir, if any, otherwise
it is left to the legal heirs of the legator.
The descendant of the person who has been removed from the inheritance, the person who died before the inheritance, as if he had died before the inheritance.
may want.
III. burden of proof
Item 512- Removal from heirship, removal only at the disposal of the inheritor
valid if the reason is stated.
If the person removed from the inheritance objects, proving the existence of the stated reason, without removing it.
it falls to the beneficiary heir or the beneficiary of the will.
If the existence of the reason cannot be proven or the reason for the removal is not specified in the disposition, the disposition,
fulfilled except for the heir's reserved share; however, the reason for removing this savings from the inheritance
If he did it because of a clear mistake about him, the removal is invalid.
IV. Exclusion from inheritance due to insolvency without paying debt
Item 513- Inheritance, the subordinate who has a certificate of insolvency without paying debts,
may deduct from heirship for half of his share. However, the person who is removed from the inheritance of this half is born and
It is imperative that he dedicate it to his future children.
If the certificate of insolvency is no longer valid when the inheritance is opened, or if the certificate of insolvency
If the amount of debt covered does not exceed half of the inheritance share of the heir,
The removal is canceled upon the request of the removed person.
THIRD SECTION
DEATH CONSEQUENTIAL
TYPES
A. In general
Item 514- Inheritance, within the limits of the freedom of savings, in all of his assets
or a part of it can be disposed of by will or inheritance contract.
The part that the legator does not dispose of is left to his legal heirs.
B. Terms and downloads
Item 515- Inheritor may bind his death-related savings to conditions or loadings.
From the moment it gives rise to the terms and consequences of savings, every relevant condition or charge shall be fulfilled.
may request to be brought.

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Unlawful or immoral conditions and charges invalidate the disposition they relate to.
Conditions and downloads that are frivolous or simply offensive to others are ignored.
C. Appointment of heir
Item 516- Inheritance, for all or a certain proportion of his inheritance, one or more
can appoint an heir.
Any savings involving a person receiving all or a certain portion of the inheritance
considered to be appointed.
D. Certain goods release
Subject I
Item 517- Inheritance, leaving a certain property to a person without assigning him an heir.
can be gained through
Leaving certain property is the ownership or possession of a property in an estate to a person by testamentary disposition.
It may be aimed at gaining the right of usufruct on the whole or a part of the estate;
the fulfillment of an act over the estate value in favor of a person, the binding of a will
or the discharge of a person from a debt to heirs or certain bequests
can also be by
If the particular property left is not inherited, it is subject to death, unless otherwise agreed by the disposition.
Those who are obliged to fulfill the related savings are freed from debt.
II. Delivery debt
Item 518- The certain property left is delivered in its condition at the time of the opening of the inheritance; benefit and
the damage passes to the person to whom certain property is left at the time of opening the inheritance.
The person who is obliged to fulfill the savings, the certain left after the opening of the inheritance.
has the rights of the person who works without a power of attorney due to his expenses and damages to the property, and
liable for its debts.
III. Relationship with Tereke
Item 519- The debts made to the person liable to fulfill the estate or savings.
It may be requested that the savings that damage the profit or the hidden share are proportionally reprimanded.
The obligee to fulfill the savings, the inheritance or the gain left to him.
even if he has refused or died before the inheritance or has been deprived of inheritance
remains in effect; The debt of fulfillment passes to the beneficiaries of these situations.
Even if the legal or appointed heir rejects the inheritance, instead of a savings made in his favor.
may request to be brought.
E. Appointment of alternate heirs
Item 520- The inheritor dies before the appointed heir or rejects the inheritance
may appoint one or more people as alternate heirs to replace him.
This rule also applies to certain goods release.

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F. Artmirasist appointment
I. Determination
Item 521- The inheritor inherits the person to whom he has appointed a pre- heir with his death-related savings.
may oblige you to transfer it to the artmirasist.
The same obligation cannot be imposed on the artmirasist.
These rules also apply to certain goods release.
II. Transition to artmirasist
Item 522- If the moment of transition is not specified in the savings, the inheritance passes to the artheritor with the death of the pre-heir.
If the moment of transition is shown in the savings and this moment has not yet come at the death of the pre-heir, the inheritance,
It is delivered to the heirs of the pre-heir on the condition that they show a guarantee.
Inheritance, when it is not possible for any reason to pass the inheritance to the artist,
to the heir; If the pre-heir is dead, it remains definitively to his heirs.
III. Assurance
Item 523- The book of the inheritance passed to the pre- inheritor is kept by the court of peace.
Unless the legator expressly grants immunity, the delivery of the inheritance to the pre-heir is his guarantee.
it depends on the display. In the case of immovables, this assurance, if deemed sufficient, is passed on to the inheritance
It can also be provided by annotation of the obligation to the land registry.
If the pre-inheritor does not provide assurance or jeopardizes the expected rights of the artmirasi,
the official management of the inheritance is decided.
IV. Terms
1. About the Pro-inheritor
Item 524- The pre-inheritor gains the inheritance like the appointed heirs.
The pre-inheritor has the obligation to pass the inheritance to the artmirasi.
2. About the Artmirasci
Item 525- If the Artmirasi is alive at the time of the transition whose inheritance is determined, he wins.
If the Artmirasi died before the transition, the inheritance shall not be valid unless otherwise stipulated in the disposition.
remains with the heir.
If the pre-heir is not alive or deprived of inheritance at the death of the inheritor, or if the inheritance
If he refuses, the inheritance passes to the artist.
G. Foundation
Item 526- Inheritance, all or a part of the disposable part of his estate
It can establish a foundation by denouncing its department.
The foundation acquires legal personality only on condition that the provisions of the law are complied with.
H. Inheritance agreements
I. Positive inheritance contract
Item 527- Inheritance contract, the inheritance or certain property of the contract with the inheritance contract.
may be under the obligation to leave it to anyone or a third party.
The legator can freely dispose of his assets as before; however, inheritance
Objection to testamentary dispositions or donations that are incompatible with their contractual obligations
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II. Inheritance waiver agreement
1. Scope
Item 528 - Inheritance, with an heir free of charge or by providing a compensation
can make a waiver agreement.
The waiver loses the title of heir.
Waiver of inheritance by providing a compensation, unless otherwise stipulated in the contract, the waiver
also has consequences for its subgenus.
2. Disqualification
Item 529- The contract of waiver of inheritance has been made in favor of a certain person and this person
In the event that he cannot be an heir for any reason, the waiver becomes null and void.
If the contract of waiver of inheritance is not made in favor of a certain person, the descendant of the nearest common root
It is deemed to have been made in favor of them and in case they cannot be heirs for any reason, the waiver is still
falls out of power.
3. Rights of estate creditors
Item 530- If the estate cannot meet the debts at the time of the opening of the inheritance and the debts are
the waiver and his heirs at death for waiver against creditors
from the compensation they received from the legator in the previous five years, at the time of the opening of the inheritance.
are responsible for their enrichment.
FOURTH SECTION
DEATH CONSEQUENTIAL
SHAPES
A. Will
I. Shapes
1. In general
Item 531- The will, in the official form or in the handwriting of the inheritor, or verbally.
can be done.
2. Official will
a. Arrangement
Article 532 - The official will is drawn up by the official with the participation of two witnesses.
It can be an official, magistrate, notary public or any other official who has been given this authority by law.
b. Officer's function
Item 533 - The inheritor informs the official of his wishes. Thereupon, the officer
writes or prints the will and gives it to the legator to read.
The will is read and signed by the legator.
The officer signs the will with a date.
c. participation of witnesses
Item 534 - Leaving the will immediately after the date and signature of the will,
He declares to two witnesses in the presence of the officer that he has read the will and that it contains his last wishes.

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Witnesses stated that this statement was made in front of them and they saw the legator as competent.
they sign the will by writing or dictating it.
It is not obligatory to inform the witnesses of the contents of the will.
D. Editing without being read and signed by Mirasbırakan
Item 535- If the inheritor cannot read or sign the will in person, the officer
He reads the will to him in front of two witnesses and thereupon, the testator reads the last will of the will.
declares that it contains his desires.
In this case, the witnesses both declare that the decedent's declaration was made in front of them and that he
that they consider competent to save; both to the inheritance of the will by the officer in front of them
by writing in the will that it was read and that he declared that the will contains his last wishes
or print and sign the gold.
to. Prohibition of participating in the regulation
Item 536- Those who do not have the capacity to act, can be dismissed from public service with the decision of a criminal court.
the banned, the illiterate, the spouse of the inheritor, the superior and subordinate blood relatives, siblings and
spouses of persons cannot participate in the preparation of the official will as civil servants or witnesses.
Officers and witnesses participating in the preparation of the official will, their supers and subordinates
blood relatives, siblings and spouses of these people cannot be made to earn with that will.
f. Keeping the will
Item 537- The official issuing the will, keeping the original of the will.
liable.
3. Handwritten will
Item 538- From the beginning to the end, showing the year, month and day of the handwritten will.
It must be handwritten and signed by the decedent.
A handwritten will, open or closed to be kept, is sent to the notary public, magistrate or
left to the authorized officer.
4. Oral will
a. Telling last wishes
Item 539- Inheritance; imminent danger of death, interruption of transportation, disease, war, etc.
If he is unable to make a formal or handwritten will due to extraordinary circumstances, an oral will
can apply.
For this reason, the legator tells his last wishes to two witnesses and gives them a suitable letter for this statement.
imposes the task of writing or printing a will.
Except for the condition of being literate in the preparation of an official will,
Prohibitions also apply to witnesses in an oral will.
b. Certification
Item 540- One of the witnesses assigned by Mirasbırakan,
Writes the last wishes, including the place, year, month and day, signs this document and gives it to the other witness.
gets it signed. They give the written document to a magistrate or a court of first instance without spending time together.
and that they consider the legator competent to make a will, and their last wishes in an extraordinary situation.
They declare to the judge what they have told them.

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Instead of preparing a document beforehand, the witnesses immediately applied to the court and
By declaring the above issues, they can have the last wishes of the legator recorded in a minute.
If the person who has made an oral will is in military service, he is a lieutenant or more.
a high-ranking officer; If it is in a transportation vehicle traveling outside the borders of the country, that vehicle
responsible manager; if you are being treated in health institutions, the most authorized manager of the health institution
replaces the judge.
c. impeachment
Item 541- If there is an opportunity to make a will in other ways for the inheritor,
After one month has passed from this date, the verbal will becomes null and void.
II. relinquishment
1. With the new will
Item 542- The legator is to comply with one of the forms stipulated in the law for the will.
By making a new will, he can always revoke the previous will.
All or part of the will can be revoked.
2. With annihilation
Item 543- The inheritor can also withdraw from the will by destroying it.
It is destroyed as a result of accident or by the fault of a third party and its content is exactly and completely
A will that cannot be determined is void. The right to demand compensation is reserved.
3. Subsequent savings
Item 544- The inheritor can make a new testament without removing his previous testament.
if he makes a will, unless he completes the previous will without a doubt,
the next will takes its place.
The will to leave certain property, unless otherwise specified in the will, is the inheritance of the heir afterwards.
It disappears when he makes another disposition on the property that is incompatible with this will.
B. Inheritance agreement
Form I
Item 545- In order for the inheritance contract to be valid, it should be arranged in the form of an official will.
must.
The parties to the contract notify their wishes to the official at the same time and
They sign the contract in front of the officer and two witnesses.
II. elimination
1. Right between
a. By contract or will
Item 546- The inheritance contract can always be eliminated with the written agreement of the parties.
The person who is appointed as an heir or to whom certain property is left with an inheritance contract,
In the behavior that constitutes the reason for expulsion from the inheritance after the counter-inheritance contract
if it turns out to be present; the legator may unilaterally abolish the inheritance contract.
Unilateral annulment is made in one of the forms prescribed by law for wills.

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b. By way of withdrawal from the contract
Item 547- The party who has the right to demand the intermediary acts pursuant to the inheritance contract,
In case the performances are not fulfilled or secured in accordance with the contract
may withdraw from the contract in accordance with the rules of the law of obligations.
2. Dying before the legator
Item 548- The person who is appointed as an heir or to whom certain property is left is at the death of the inheritor.
If it is not right, the inheritance contract will automatically disappear.
The heirs of the deceased before the decedent, unless otherwise agreed, are subject to death.
from the saver, the enrichment on the date of death obtained pursuant to the inheritance contract
they may want.
C. Reduction of the saveable portion
Item 549- Death-related gains made by inheritance contract or will,
It is not null and void due to the subsequent narrowing of the portion that the legator can save; just
can be denied.
FIFTH SECTION
FULFILLING THE WILL
OFFICER
A. Appointment
I. Appointment and license
Item 550- Inheritance, fulfilling one or more wills with a will
can appoint an officer.
The testator must have the capacity to act at the time of his or her duty.
This duty is notified by the magistrate to the executioner of the will; notification
If the judge of the peace is not notified within fifteen days starting from the date of
deemed to have been made.
The executor may charge an appropriate fee for his service.
II. Multiple wills executor
Item 551- In case more than one testator is appointed,
Unless otherwise understood from the savings or the nature of the work, they carry out the task together.
If one of them does not accept or cannot accept the duty or terminates his duty for any reason,
Unless otherwise understood from the disposal of the legator, the others continue to work.
Even if multiple executors are appointed to act together
In urgent cases, each of them can take the necessary actions.
B. Duties and powers
I. In general
Item 552- The inheritor has foreseen the opposite or given a limited duty in his disposition.
unless there is a will, the fulfillment of the will, for the fulfillment of the last wishes of the inheritor.
is responsible and authorized to carry out all necessary actions.
The executor of the will, in particular;

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1. A list of the goods, rights and debts in the estate without delay after taking office.
regulates. If possible, heirs are made available while the list is being prepared.
2. He manages the estate and, to the extent required by the administration, owns the possession of the estate.
he wants his turn.
3. Tereke collects its receivables and pays its debts.
4. Fulfills wills.
5. Prepares a plan for the sharing of the estate.
6. Represents the inheritance partnership in lawsuits and proceedings related to estate. by the heirs
He may participate as an intervenor in the lawsuits that are related to his duty.
7. It notifies the heirs of the lawsuits it has opened or filed against it and the follow-ups.
II. Savings on estates
Item 553- Unless the legator has committed, the goods included in the estate, instead of his will
transfer or establishment of limited real rights on them by the bringing officer, the magistrate's
subject to authorization. The judge decides after hearing the heirs, if possible.
There is no need to obtain authorization for savings to meet the ordinary expenses.
C. Termination of duty
Item 554- The duty, death or appointment of the testator invalidate
It ends automatically in the presence of a cause.
The testator may resign with a statement to the magistrate.
The task cannot be left at an inopportune time.
D. Supervision
Item 555- The officer of the will, in the fulfillment of his duty, is the judge of the peace.
subject to control.
The judge takes the necessary measures upon complaint or ex officio.
Inadequate, abuse of duty or severe
If negligence is detected, he is dismissed by the magistrate. From the notice against this decision
may be appealed to the court of first instance within fifteen days starting from The decision on the appeal is final.
E. Responsibility
Item 556- The officer of the will, taking care while performing his duty.
liable; He is responsible to those concerned as a proxy.
SIXTH SECTION
DEATH CONSEQUENTIAL
CANCELLATION AND CANCELLATION
A. Action for annulment
I. Reasons
Item 557- A lawsuit can be filed for the annulment of a death-related disposition for the following reasons:
1. If the savings were made at a time when the inheritance did not have the capacity to save,
2. If the savings are made as a result of mistake, deception, intimidation or coercion,
3. If the content of the disposition, the conditions to which it is connected or the downloads are against the law or morality,

4. If the savings are made without complying with the forms stipulated in the law.
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II. right of litigation
Item 558- Annulment case, the heir or testament who has an interest in the annulment of the savings
can be opened by the creditor.
The case may be regarding the annulment of all or part of the testamentary disposition.
Action for annulment, gaining to themselves, their spouses or relatives with testamentary disposition
if the actions are based on the disability caused by their participation in the regulation of the savings
not all savings, only these gains are cancelled.
III. Forfeiture periods
Item 559- The right to file an action for annulment, the claimant's disposition, the reason for cancellation and his/her rights.
one year starting from the date he learns that he is the owner, and in any case, the date of opening in wills,
ten years against the bona fide defendants, from the date of inheritance in other dispositions,
against the defendants who are not, twenty years pass.
Invalidity can always be asserted by way of denunciation.
B. Tenkis case
I. Conditions
1. In general
Item 560- The heirs who cannot receive the return of their hidden shares, the savings of the inheritor
they can sue the criticism of their savings exceeding the amount they can afford.
The rules in the disposition regarding the shares of the legal heirs,
Unless it is understood from the disposition that the desire is otherwise, only the rules of distribution are counted.
2. Gains in favor of reserved heirs
Item 561- It is possible to save and save on death savings to the heirs with hidden shares.
The portion of the winnings exceeding their reserved share will be subject to criticism proportionally. Tenkise
Subject to the existence of more than one testamentary disposition, the deposit made to the heir of the reserved share.
the portion of the earnings exceeding the hidden share and the earnings made to the persons who are not the owners of the hidden shares
proportionally rejected.
3. Rights of the creditors of the heir
Item 562- When the inheritor exceeds the amount that he can save, the heir whose hidden share is damaged,
In case of bankruptcy, he is incapable of paying against himself on the date of the bankruptcy office or the inheritance.
If the bankruptcy administration or these creditors do not file an action for criticism despite the warning of the creditors who have the document,
Action for criticism at the rate necessary for obtaining the receivables and within the period given to the heir
they can open.
In the event that the person removed from the inheritance does not object to the disposition, the bankruptcy administration or
creditors can file a lawsuit for criticism under the same conditions.
II. Terms
1. In general
Item 563- Tenkis, unless it is understood from the savings that the desire of the inheritor is otherwise,
In all of the gains obtained through the appointment of an heir or another testamentary disposition,
done proportionally.
A person who gains savings with death-related savings, by fulfilling some wills.
If he has been obliged to do so, in case the gain is subject to criticism, this person is in line with the desire of the inheritor.
unless it is understood from the savings that it is otherwise, the debts of the will should be reduced at the same rate.
may want.

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2. Indivisible property will
Item 564- Certain items that cannot be divided without a decrease in value
if a will is subject to criticism, the creditor of the will, if he wishes, by paying the value of the part that needs to be curtailed.
he may demand the giving of the goods, if he wishes, the money that meets the value of the saveable part.
In case the property subject to savings remains with the testator, due to the criticism of the property
the portion that should be given to the debtor of the will, otherwise the remaining part of the savings rate
It is decided to pay the value in money.
These rules are also applied in the critique of interstellar gains.
3. Intermediary gains
a. Benefits subject to criticism
Item 565- The following gratuitous gains are subject to criticism, such as death-related savings:
1. The legator has made a deduction for the inheritance share to the legal heir who has lost the title of heir.
intermediary gains, transfer of assets to descendants or debt from debt, provided that they are not returned.
dowry and founding capital given out of the ordinary or saved by salvage,
2. Gains made for the purpose of liquidation of inheritance rights before death,
3. The donations made by the legator by keeping his right to return freely and his death
donations made in the previous year, excluding the gifts given in the previous year,
4. It is clear that the legator has made in order to neutralize the reserved share rules.
gains.
b. debt to return
Item 566- If the person who has been given a reward subject to criticism is in good faith, only
he is obliged to give back what is in his hand without earning at the time of passing the inheritance; if not in good faith
The possessor who is not in good faith will be liable according to the provisions regarding the debt of return.
The person who is subject to criticism of the gain obtained by the inheritance contract,
may request the return of the amount given to the legator at the rate of criticism.
4. In life insurance
Item 567- Life insurance in favor of the third party to be paid on the death of the inheritor himself
the right to claim against the insurer or which it subsequently identifies as the beneficiary.
In cases where it is transferred unrequitedly to a third party with inter-life or death-related savings, the insurance
The purchase value of the receivable at the time of the decedent's death is subject to criticism.
5. In terms of usufruct or income
Item 568- Inheritance, conversion into capital according to the estimated continuation periods
if it obliges the usufruct or annuity debt that exceeds the disposable portion,
the heirs, by giving the right of usufruct or the annuity debt or the disposable part,
may request that the liability be waived.
6. In terms of Artmiras
Item 569- The heir whose reserved share is damaged by the obligation to pass the inheritance to the artmirasi
may request criticism of the part.

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III. row in tennis
Item 570- Tenkis, until the reserved share is completed, firstly from the death-related savings; it
if it is not enough, it is possible to go back from the most recent to the oldest.
makes.
Testamentary dispositions made to public legal entities and publicly beneficial associations and foundations, and
inter-right gains are criticized in the last place.
IV. Forfeiture periods
Item 571- The right to file a lawsuit for deduction, if the heirs learn that their reserved shares are damaged.
one year starting from the date and in any case, the date of opening in wills, the inheritance in other dispositions.
ten years have passed since its opening date.
If the annulment of a savings leads to the entry into force of the previous one, the deadlines are
begins to operate on the date of finalization.
The Tenkis claim can always be made through its def'i.
SEVENTH SECTION
FROM HERITAGE CONTRACT
CASES ARISING
A. In case the legator gives his goods while he is alive
Item 572- Inheritance, in his health, all his assets are assigned by inheritance contract.
If it has been transferred to the heir, this heir may request the preparation of the official book.
If the legator has not transferred all of his assets or after he has transferred all of his assets, a new
if the goods have been acquired; unless the inheritance contract contains a rule to the contrary, it is transferred only in health.
covers the goods.
In the event that the inheritance transfers his assets while he is alive, there is no other way in the inheritance contract.
If there is no rule, the rights and debts arising from the inheritance contract pass to the heirs of the appointed heir.
B. In case of waiver of inheritance
I. Tenkis
Item 573- The inheritor, the heir who renounces the inheritance, the savings of the estate in his health
if he has taken actions exceeding his permissible part; other heirs may request the abolition of this. It
In this case, the amount exceeding only the reserved share of the person waiving the inheritance is subject to criticism.
The deduction of the values ​of the acts is made according to the rules of equalization in inheritance.
II. Give back
Item 574- The one who renounces the inheritance, has a property or other value to the estate due to criticism.
is liable to return it; If he wishes, he returns the value subject to criticism, if he wishes,
He participates in sharing as if he had not renounced the inheritance by giving all of it back to the estate.

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PART TWO
LEGACY OF HERITAGE
FIRST PART
OPENING THE HERITAGE
A. The moment of opening and evaluation
Item 575- Inheritance opens with the death of the inheritor. What he did in the life of the inheritor
Inheritance gains and distributions are evaluated according to the status of the estate at the time of death.
B. Place of opening and competent court
Item 576- The inheritance is opened in the settlement of the inheritance for all of its assets.
Due to the cancellation or annulment of the savings of the legator, the division of the inheritance and the inheritance
Remuneration cases are heard in this settlement court.
C. Provisions of opening
I. Inheritance license
1. Licensing
Item 577- According to this Law, anyone other than those who are not qualified to inherit can be heirs.
He may also be a testator.
Gains made for a certain purpose to a community that has no legal personality, that community
The persons in it have acquired together with the condition of realizing this purpose determined by the legator.
they become; If it is not possible to realize the purpose in this way, the donation made is considered to establish a foundation.
2. Lack of inheritance
a. reasons
Item 578- As the following people cannot be heirs; any death-related savings
Nor can they acquire a right:
1. Those who intentionally and unlawfully kill or attempt to kill the legator,
2. Deliberately and unlawfully permanent disposition of the legator
those who are unable to
3. The legator's making a testamentary disposition or returning from such a disposition
those who provide and prevent by deception, coercion or intimidation,
4. A death-related death in a situation and time where the legator can no longer reproduce
those who intentionally and unlawfully destroy or disrupt the savings.
Inheritance deprivation disappears with the forgiveness of the legator.
b. Influence of descendants
Item 579- Inheritance deprivation affects only the deprived.
The descendant of the one who is deprived of inheritance becomes heir like the descendant of the person who dies before the decedent.

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II. Being alive
1. As heir
Item 580- In order to be an heir, to be alive at the time of the death of the inheritance
is essential.
If the heir who is alive at the time the inheritance is opened dies later, his right of inheritance belongs to his heirs.
remains.
2. As a testator
Item 581- In order to become a testamentary beneficiary, at the time of the decedent's death, he must be qualified for the inheritance.
Being healthy is essential.
If the beneficiary of the will died before the decedent, the will, unless otherwise understood from the disposition,
The obligation to fulfill it is removed for the benefit of the testator.
3. Fetus
Item 582- The fetus becomes an heir on the condition that it is born alive.
A stillborn child cannot inherit.
4. Future child
Item 583- Artmira or legacy will to a person who does not exist yet at the time the inheritance is opened
As the creditor, the estate or the estate can be left.
If a pre-heir is not appointed by the inheritor, the legal heir is considered a pre-heir.
D. Absence
Legacy of I. Absent
1. Delivery against assurance
Item 584- The heirs or inheritance of a person for whom a decision of absence has been given
The owners of these goods may reveal these goods in the future before the goods are delivered to them.
to give assurance to the superior right holders who may emerge or that they will be returned to the absentee
they have to.
This assurance has been in the news for a long time, five years in the event of disappearance in danger of death.
Fifteen years in case of failure to be taken, and in any case, the period to elapse until the absentee reaches the age of one hundred
is displayed for.
Five years, from the delivery of the estate; fifteen years are calculated starting from the last news date.
2. Giving back
Item 585- If the unknown or those who claim that they have superior rights, they will not use these titles.
If they prove it, those who have received the goods will return the goods they have received in accordance with the rules of possession.
are responsible for giving.
Obligations of the benevolent ones to give back to the superior right holders, remuneration due to inheritance.
subject to the statute of limitations.
II. legacy lost
Item 586- It is not possible to prove whether he is alive or not at the time of the opening of the inheritance.
the inheritance share of the heir is officially managed.

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In the event that the person who was not present at the time the inheritance was opened is not alive, their share of the inheritance
those who will remain, to decide on the absence of that person by complying with the periods and procedures regarding the absence, and
They may request the delivery of the inheritance share to them.
The delivery of the inheritance share is related to the delivery of the inheritance of the person whose absence is decided to the heirs.
subject to the rules.
III. Being both an inheritor and an inheritor
Item 587- If the heirs of the absentee inherit the property after receiving the property,
those whose inheritance share will be left to them due to absence, also to take a decision of absence
They can request the delivery of this inheritance share without being obliged to.
In the same way, the absenteeism decision obtained by those who surrendered the lost inheritance share.
his heirs can.
IV. The treasure's will
Item 588- The property or the inheritance share of a person who is unknown whether he is alive or not
if it is officially ruled for ten years, or if the period of time such that the one so managed will turn one hundred years old,
Upon the request of the Treasury, the absence of that person is decided.
If no right holder emerges during the announcement period required for the decision to be absent,
Unless there is a provision to the contrary, the inheritance of the absent passes to the State.
The state, against the absentee or the superior right holders, just like those who surrendered the inheritance of the absentee
obliged to give
SECOND PART
CONSEQUENCES OF HERITAGE
FIRST SECTION
PROTECTION MEASURES
A. In general
Item 589- The judge of the settlement of the inheritance, upon request or ex officio,
takes all necessary measures to ensure that the property is protected and passed to the rightful owners.
These measures, especially in cases specified in the law, are written on the property and rights,
It is related to the sealing of the estate, the official management of the estate and the opening of wills.
Expenses related to the measures, to be taken from the estate in the future, by the applicant; prevention
In cases where the judge decides ex officio, it is covered by the State.
If the inheritance died in a place other than the settlement, the magistrate of that place said this death.
The place of residence notifies the magistrate without delay and the property of the deceased at the place of death
by taking the necessary measures for the protection of the file and the will, if any, to the place of residence.
send it to the magistrate.
B. Bookkeeping
Item 590- In case of one of the following reasons, the judge of the peace
decides to keep the ledger:
1. If there is someone who is or should be taken under guardianship among the heirs,

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2. If one of the heirs has not been found for a long time and there is no representative,
3. One of the heirs or related persons shall make a request within one month from the date of death.
if found,
Bookkeeping is completed without delay.
C. Sealing
Item 591- What is required from the written property of the estate is sealed. unsealed
appropriate protection measures are taken for the goods. Sealing can also be done before writing.
While the estate is being sealed, the necessary item for the needs of those living with the legator is a
determined with a report and left to them as a reliable person; immovables for their dwelling
Mandatory parts are excluded from sealing.
Sealing at the request of the creditors is limited to the secured amount.
If assurance is given to the creditor, the sealing is not done, if it is, it is removed.
D. Official management of the estate
I. In general
Item 592- In the following cases, the magistrate decides on the official management of the inheritance ex officio:
1. In case one of the heirs has not been found for a long time and does not leave a representative
if it is in his interest,
2. None of those claiming to be entitled to inheritance can adequately qualify as heir.
if he cannot prove it or it is doubtful whether there is an heir,
3. If all the heirs are unknown,
4. If it is specifically provided for by law.
The testator, who is authorized over the entire estate of the inheritor
If he is appointed, the management of the estate is given to him unless there is a significant obstacle.
If the legator was under custody or guardianship; unless the parent or guardian is inconvenienced
assigned to the management of the estate.
The magistrate may, upon his request, grant the person assigned to manage the estate.
decides to pay an appropriate fee.
II. Duty, representation and responsibility
Item 593- The magistrate who officially administers the estate or the one appointed by him with the administration
no one has the right to the inheritance until the reasons for the official rule disappear or share it.
to manage with care like a good manager in a way that does not cause the loss of the rights of its owners, and
In particular, he is obliged to see the following works:
1. If it has not been done yet, the writing of the estate,
2. Taking the necessary protection measures,
3. If it is in the interests of the heirs or the requirements of good governance
sale of goods in the estate,
4. Collection of receivables of the legator and payment of debts,
5. The wills, which are understood to not infringe the legal rights of the heirs, are given the permission of the magistrate and
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6. In order to earn interest on the money belonging to the estate, there is a fee specified in the regulation issued by the President.
bank deposits or buying government bonds with these funds and investments that do not have sufficient security.
transforming them into secured investments, (1)
7. If there is a business, manufacturing facility or other business in the estate, maintaining them as they are;
If there is no benefit in maintaining it, taking the necessary measures for its liquidation.
The estate manager is the representative of the inheritance partnership in the matters falling under his duty, and is filed against the partnership.
Represents the partnership in lawsuits and execution proceedings and, when necessary, tries to file a lawsuit on behalf of the partnership,
is authorized to pursue, waive, accept, settle and arbitrate; lawsuits and proceedings to the heirs
notifies.
In the official management of the estate, regarding the transactions of the magistrate and the manager, in accordance with their qualifications.
to the extent possible, the provisions regarding guardianship apply.
III. Ignorance of heirs
Item 594- If the inheritor has an heir or not all of the heirs are known, the peace
The judge will announce the right holders with appropriate means and with an interval of one month twice, starting with the last announcement, within one year at the latest.
invites you to declare the title of heir in it.
If no one applied during the announcement period and the magistrate could not identify any heirs, due to inheritance.
The inheritance passes to the State, without prejudice to the right to file a claim for compensation.
E. Transactions related to the will
I. Delivery task and measures to be taken
Item 595- Whether the testament obtained after the death of the inheritance is valid or not.
It must be handed over to the magistrate immediately regardless.
The officer who draws up or preserves the will, or who keeps it at the request of the legator, or
the person who seizes it in another way or finds it among the belongings of the deceased, as soon as he learns about the death
obliged to bring; otherwise he is responsible for the damage that may arise due to this.
The magistrate immediately examines the will and takes the necessary protection measures; if possible
decides on the temporary delivery of the estate to the legal heirs or the official management by listening to the relevant parties.
II. Opening the will
Item 596- The will, regardless of whether it is valid or not, within one month from its delivery
The place of residence of the legator is opened by the magistrate and read to the interested parties.
Known heirs and other interested parties to be present during the opening of the will, if they wish.
is called to.
The same procedures are applied for the testaments of the legator that are revealed later.
III. Notification to those concerned
Item 597- Each of those who have the right to inheritance, the expense of the estate, the testament of the will.
A certified copy of the parts pertaining to them is served by the judge.
Those whose whereabouts are unknown are notified by means of an announcement that the parts of the will pertaining to them.
IV. Certificate of inheritance (2)
Item 598- Those who are determined to be legal heirs upon their application, by the court of peace or by the notary public.
A document showing the title of heir is given.

––––––––––––––––––
(1) With Article 139 of the Decree Law No. 700 dated 2/7/2018, the phrase "in the statute" in this paragraph
It has been changed to “in the regulation issued by the President”.
(2) With the 19th article of the Law No. 6217 dated 31/3/2011, the "peace settlement" in the first paragraph of this article
The phrase "or by the notary public" has been added to come after the phrase "by the court of law" and has been included in the text.

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Heirs or other testament to the testamentary disposition of heir or testament
unless it is objected to within one month of the notification by their creditors, in favor of
that the person to whom the savings is made is an heir or a testator appointed by the magistrate's court.
A document showing.
The invalidity of the certificate of inheritance can always be claimed.
The right of action regarding the annulment of the death-related disposition is reserved.
SECOND SECTION
ACQUISITION
A. Winning
I. By the heirs
Item 599- The heirs, as a whole, with the death of the inheritor, as a whole, in accordance with the law.
they win.
Without prejudice to the discrete situations stipulated in the law, the heirs may
rights, receivables, other property rights, possession of movable and immovable
they earn directly and become personally responsible for the debts of the legator.
The appointed heirs also acquire the inheritance with the death of the legator. legal heirs, appointed
they are obliged to deliver the inheritance to the heirs in accordance with the provisions of possession.
II. by the creditors of the will
1. Prompt
Item 600- If there is a will- bearer , a will-executor; or legal or
has the right to a personal claim against the appointed heirs.
This receivable, unless it is understood from the disposition, that the testator accepts the inheritance or rejects it.
becomes due with the forfeiture of his right.
The testator, against the testator who does not fulfill his obligation,
the delivery of the goods or the transfer of the right; If it is a testamentary act, instead
may sue for damages resulting from failure to comply.
2. Special circumstances
Item 601- A usufruct right or a right of income or repeated at regular intervals.
the right of the person to whom another act is bequeathed, unless another basis is stipulated in the disposition,
subject to the rules of property law and law of obligations.
The person who is willed to receive an insurance payable at the death of the inheritor,
can use the right of claim arising from the contract directly against the insurer.
3. Timeout
Item 602- The right of the testator to sue, learning to gain death or
If the will is due later, ten years have passed since the due date.
expires.
III. Status of creditors
Item 603- The rights of the creditors of the inheritance, the rights of the testator's creditors,
The rights of the creditors also precede the rights of the creditors of the heirs.
The creditors of the heirs who accept the inheritance unconditionally and the creditors of the heir are the same.
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IV. Tenkis and reclaim
Item 604- The heirs, after fulfilling the obligation of will,
If they pay their unknown debts, they will return the given to the extent that they can ask the testator's criticism of the will.
they have the right to demand.
The beneficiary of the will can only be held liable to the extent of his enrichment at the time of reclaiming.
B. Rejection
I. Disclaimer
1. Right of refusal
Item 605- Legal and appointed heirs may reject the inheritance.
If the insolvency of the legator is clearly evident or officially determined on the date of death, the inheritance
is deemed rejected.
2. Duration
a. generally
Item 606- Inheritance can be rejected within three months.
This period is for the legal heirs, unless it is proved that they later learned that they are heirs.
they learned of his death; for the heirs appointed by will, the disposition of the legator officially
It starts to run from the date it is announced.
b. In the writing of the estate
Item 607- In case of writing the estate as a protection measure, the period of rejection of the inheritance, legal and appointed heirs
It starts with the notification by the magistrate that the writing process has ended.
3. Expiration of the right of refusal
Item 608- The right of refusal of the heir who dies without rejecting the inheritance passes to his heirs.
The rejection period for these heirs starts from the date they learn that the inheritance has passed to the legator.
However, this period expires unless the period given to the heir for the rejection of the inheritance passed from the legator expires.
doesn't last.
If the inheritance passes to non-heirs as a result of rejection; refusal period for these, previous heirs
It starts to run from the date they learned that the inheritance was rejected by
4. The form of rejection
Item 609- The rejection of the inheritance is made by the heirs to the magistrate's court with an oral or written statement.
The rejection must be unconditional and unconditional.
The magistrate determines the verbal or written refusal statement in a minute.
The declaration of refusal made in due time is written in the special register of the court of peace of the place where the inheritance was opened, and
If the rejecting heir wishes, a document showing the rejection is given to him.
How the minutes and logs are kept is regulated by a regulation issued by the President. (one)
II. Loss of right of refusal
Item 610- The heir, who does not reject the inheritance within the legal period, gains the inheritance unconditionally.

––––––––––––––––––
(1) With Article 139 of Decree Law No. 700 dated 2/7/2018, the phrase “by statute” in this paragraph
It has been changed to “by the regulation issued by the President”.

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Ordinary management of the estate, which is involved in the estate transactions as an heir before the expiry of the refusal period.
who are not in the nature of work or who do things other than what is necessary for the execution of the legacy of the legator
or the heir who hides or owns the estates cannot refuse the inheritance.
Filing a lawsuit to prevent the expiry of the statute of limitations or forfeiture
Execution proceedings do not remove the right of refusal.
III. Rejection by one of the heirs
Item 611- If one of the legal heirs rejects the inheritance, his share is paid when the inheritance is opened.
as if he is not alive, it passes to the rightful owners.
The share of the appointed heir who rejects the inheritance, the death-related savings of the inheritance.
unless it is understood otherwise, it is left to the closest legal heirs of the legator.
IV. Rejection by all the nearest heirs
1. In general
Item 612- Inheritance rejected by all of the nearest legal heirs, peace
liquidated by the court in accordance with the provisions of bankruptcy.
At the end of the liquidation, the remaining values ​are given to the right holders as if they did not reject the inheritance.
2. Inheritance to the surviving spouse
Item 613- In case all descendants reject the inheritance, their share passes to the surviving spouse.
3. Rejection for the benefit of subsequent heirs
Item 614- While the heirs reject the inheritance, the inheritance from the heirs who come after them
Before liquidation, they can ask whether they will accept or not.
In this case, the refusal is notified by the magistrate to the heirs who come later; these are a month
If they do not accept the inheritance, they are deemed to have rejected it.
Thereupon, the inheritance is liquidated according to the provisions of bankruptcy and the remainder at the end of the liquidation
values ​are given to the heirs who come first.
V. Extension of the rejection period
Item 615- In the presence of important reasons, the judge of the peace, legal and appointed heirs
It may extend the refusal period that has been granted or grant a new one.
VI. disclaimer
Item 616- In the event that the testator rejects the will, the will of the inheritor
Unless it is understood from the disposition that it is otherwise, the testator benefits from this refusal.
VII. Protection of creditors of heirs
Item 617- The heir whose assets are not sufficient for his debt, in order to harm his creditors
if he rejects the inheritance; creditors or the bankruptcy administration, unless they have been given sufficient assurance,
They can file a lawsuit about the cancellation of the rejection within six months starting from the date of rejection.
If it is decided to cancel the refusal, the inheritance is officially liquidated.
If something falls to the share of the heir who refuses from the inheritance that has been liquidated in this way, first
The creditors who object are paid, then the other creditors' claims are paid. The remaining values ​are rejected.
if valid, it is given to the heirs who will benefit from it.

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VIII. Liability in case of refusal
Item 618- The heirs who reject the inheritance of an incapable inheritance, against his creditors,
in the five years before his death, he is obliged to give back in the sharing of the inheritance and the inheritance.
they are responsible to the extent of their value.
The dowry, which is customarily given with ordinary education and training expenses, is outside this responsibility.
Good faith heirs are only liable to the extent of their enrichment at the time of return.

THIRD SECTION
OFFICIAL BOOK KEEPING
A. Terms
Item 619- Any heir who has the right to reject the inheritance may request that the official book of the estate be kept.
Bookkeeping is requested from the magistrate within one month, following the procedure regarding the rejection of the inheritance.
The bookkeeping request of one of the heirs also has an effect on the others.
B. Procedure
I. Posting
Item 620- The official book is arranged by the court of peace; assets and liabilities belonging to this ledger
written with their appraised values.
Anyone who has information about the financial situation of the inheritor can provide the information requested by the magistrate's court.
obliged to give Those who do not provide information without a justified reason or give incorrect or incomplete information,
They are obliged to indemnify the heirs, testament creditors or third parties for the damages that may arise.
The heirs, in particular, to report the debts of the heir known to them to the magistrate
they have to.
How the official book will be kept is regulated by the regulation issued by the President. (one)
II. call by post
Item 621- The Magistrate's Court declares that the decedent's creditors and debtors will receive their debt within a certain period of time.
and to report their debts, by means of an announcement to be made twice, with an interval of one month. Call, creditor due to surety
and debtors.
The attention of the creditors is drawn about the consequences of not making a notification in the announcement.
The notification period is at least one month starting from the second announcement.
III. Direct posting
Item 622- Receivables and debts whose existence is understood from official records or documents of the decedent,
directly to the ledger.
Records are reported to creditors and debtors.
IV. End of bookkeeping
Item 623- With the expiration of the period specified in the announcement, the keeping of the book ends and the book is deleted from this date.
It can be examined by the relevant persons within a period of at least one month, starting from

––––––––––––––––––
(1) With Article 139 of Decree Law No. 700 dated 2/7/2018, the phrase “by statute” in this paragraph
It has been changed to “by the regulation issued by the President”.

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Bookkeeping expenses are paid from the estate. If the expenses cannot be met from the estate, keeping a book is required.
taken from the heirs who requested it.
C. Status of heirs during bookkeeping
I. Management
Item 624- Only mandatory management works can be done during bookkeeping.
The execution of the affairs of the inheritor is different from the heir left to him by the magistrate's court.
heirs may request security.
II. Enforcement proceedings, litigation and statute of limitations
Item 625- Execution proceedings for the debts of the inheritance as long as the official bookkeeping continues
cannot be done.
During this period, the statute of limitations does not run.
Except in urgent cases, lawsuits cannot be continued, and new lawsuits cannot be filed.
D. Results
I. Call for Statement
Item 626- After the period of review of the book, each heir is determined by the court within one month.
called to make a statement.
If the circumstances so require, the court of peace, the new valuation of the estates,
may give additional time for the resolution of disputes and similar situations.
II. Declaration
Item 627- Each of the heirs declares that he/she rejects the inheritance within the given period or that he/she
can declare that he/she wants or accepts according to the book or unconditionally.
The heir, who does not make any declaration within the time limit, accepts the inheritance according to the book kept.
deemed to have done.
III. Results of acceptance according to the official book
1. Responsibility for what is written in the notebook
Item 628- The inheritance accepted according to the official book is written only in the book to the heir.
with debts.
In this way, the passing of the inheritance takes effect starting from the date of the opening of the inheritance.
The heir is responsible for both the estate and his own debts from the debts of the heir written in the ledger.
responsible for its assets.
2. Responsibility for what is not written in the book
Item 629- Against the creditors who do not print their receivables in due time, the heir, his own personal
as it is not responsible for its goods; It cannot be held responsible for the goods passed from the estate to it.
However, the creditor could not have it written in the book without his fault or even though he notified it.
for unwritten receivables, the heir remains liable to the extent of his enrichment.
Even if the creditors whose receivables are secured by the estates are not recorded in the book.
They can even get these rights from security.
3. Liability for surety debts
Item 630- The debts of the inheritor arising from the surety are written in a separate place in the book and
Even if the heirs have accepted the inheritance unconditionally and unconditionally, these debts are subject to the bankruptcy provisions of the estate.
In the event of liquidation, he is liable only with the amount of what would fall to the creditors due to the surety.
they become.

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E. Inheritance to the State
Item 631- In case the inheritance is transferred to the State, the magistrate's court ex officio, the above procedures
regulates the official book of the estate.
The state is only liable to the extent of the values ​it inherited from the debts written in the book.
is responsible.
FOURTH SECTION
OFFICIAL LIQUIDATION
A. Terms
I. At the request of the heirs
Item 632- Every heir, where he will accept the inheritance according to the refusal or the official book,
may request its official liquidation.
This request is not taken into account if one of the co-heirs accepts the inheritance.
In the case of official liquidation, the heirs are not responsible for the debts of the estate.
II. At the request of the creditors of the legator
Item 633- It is doubtful that the legator will not be able to obtain their receivables.
creditors who hear that their receivables are not paid or they are not guaranteed
in case, within three months starting from the death of the legator or the opening of the will,
they may request the official liquidation of the estate.
In the presence of the same conditions, the testator's creditors are also required to protect their rights.
may require measures to be taken.
B. Procedure
I. Management
Item 634- Official liquidation, one or more liquidation by the magistrates' court or to be appointed.
done by the officer.
The official liquidation begins with the preparation of the book of the estate and at the same time,
With the announcement, the creditors and debtors of the inheritance, within the specified period, and
are asked to report their debts.
If the official book of the estate has been prepared before, the official liquidation is made according to this book.
The liquidator shall carry out his duties related to his duties under the supervision and control of the magistrate's court.
executes. The heirs and the creditors of the estate, to the magistrate's court, by the liquidator or
in writing, within seven days from the date on which they learned about the intended actions.
they can complain.
II. liquidation in the usual way
Item 635- Official liquidation means the completion of the inheritor's ongoing works,
fulfillment, collection of receivables, fulfillment of testament debts to the extent possible of the estate.
determination of the rights and debts of the legator, if necessary, by the court.
and converting their goods into cash.
Liquidator, informing the heirs about the lawsuit, follow-up and administrative proceedings related to the estate.
obliged to give

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The immovables in the estate can be purchased by auction or by bargaining in case of acceptance of all heirs.
is sold.
While the liquidation is in progress, the heirs are responsible for the property and money that are not necessary for the liquidation.
They may request that it be partially or wholly given to them.
III. Liquidation by bankruptcy
Item 636- The liquidation of the estate, which is not sufficient to pay its debts, is decided by the magistrate's court.
made in accordance with the provisions of bankruptcy.
FIFTH SECTION
CAUSE OF MERCHANTABILITY DUE TO HERITAGE
A. Terms
Item 637- Legal or appointed heir, holding the estate or some estates
may file a lawsuit for remuneration due to inheritance by claiming his superior right in inheritance against anyone.
In this case, the judge also resolves the disputes related to the title of inheritance.
At the request of the plaintiff, the judge may provide the defendant with an assurance for the protection of the right or
takes all necessary measures, such as annotation to the land registry.
B. Provisions
Item 638- In case of acceptance of the claim for remuneration due to inheritance, it is included in the estate or estate.
the property is given to the plaintiff in accordance with the provisions regarding possession.
In the case of remuneration due to inheritance, the defendant claimed that he acquired the estate through statute of limitations.
it cannot last.
C. Timeout
Item 639- The lawsuit for remuneration due to inheritance, that the plaintiff is the heir and
starting from the date on which the bona fide defendant learns that he or she is in possession of the estate or estate.
one year and in any case ten years after the death of the legator or the opening of the will
expires.
The statute of limitations against non-benevolent persons is twenty years.
THIRD PART
SHARING THE HERITAGE
FIRST SECTION
HERITAGE BEFORE SHARING
PARTNERSHIP
A. Consequence of inheritance
I. Heritage partnership
Item 640- If there is more than one heir, it will be shared with the passing of the inheritance.
Until then, a partnership is formed between the heirs, covering all the rights and debts in the estate.
The heirs jointly own the estate and are represented or represented by contract or law.
without prejudice to the management authority, they jointly dispose of all the rights of the estate.

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Upon the request of one of the heirs, the magistrate's court may decide to share in the inheritance partnership.
may appoint a representative.
Each of the heirs may request the protection of the rights in the estate. From the protection provided
All heirs benefit.
If an heir is incapable of paying, the other heirs, upon the opening of the inheritance,
They may request from the magistrate's court to take the necessary measures for their protection without delay.
II. Responsibility of the heirs
Item 641- The heirs are jointly and severally liable for their debts.
Living with parents or grandparents and earning their labor or income
appropriate amount of compensation to be given to the adult children and grandchildren who belong to the family, therefore
Provided that the estate does not become insolvent without paying the debt, it is considered a debt of the estate.
B. Right to ask to share
Item 642- Each of the heirs is obliged to continue the partnership in accordance with the contract or law.
Unless he is obliged, he can always ask for the inheritance to be shared.
Each heir is entitled to share certain goods in the estate in kind, if not possible, by sale.
may request a decision from the magistrate's court. At the request of one of the heirs, the judge,
Considering the entire estate and each of the goods in the estate, if possible,
makes the division by giving all of them to an heir. given to heirs
The difference between the values ​of the immovables is eliminated by paying money, and the difference between the inheritance shares
equalization is achieved.
Immediate sharing may significantly reduce the value of the property or estate that is the subject of the sharing.
if it will reduce; the judge of the peace, upon the request of one of the heirs, the sharing of this property or the estate
may decide to postpone it.
C. Postponement due to fetal
Item 643- If there is a fetus that can be an heir on the date of opening of the inheritance, it is possible to share birth.
until delayed.
If the mother is in need, she may request that her living expenses be provided from the estate until the birth.
D. Conversion of joint ownership to shared ownership
Item 644- An heir, cooperation on all or part of the goods included in the estate
If the magistrate requests the conversion of his property to shared ownership, the other
invites the heirs to report their objections, if any, within the period to be determined.
Unless an objection is raised to justify the continuation of the joint ownership or one of the heirs
cooperation on the property subject to the request, if he/she does not file a sharing lawsuit within the specified time
It is decided to transform the property into joint ownership.
Regarding the division of other rights and receivables included in the estate in proportion to the shares,
the above provisions apply.
E. The right of cohabitants
Item 645- Living with and cared for by the deceased at the death of the inheritor
Persons, starting from the date of death, three months' care and living expenses are provided from the estate.
they may want.
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SECOND SECTION
HOW TO SHARE
A. In general
Item 646- Legal heirs, both among themselves and together with the appointed heirs
share the inheritance according to the same rules.
Unless otherwise arranged, the heirs freely decide how to share.
they decide.
The heirs who are in possession of the estate or who are indebted to the inheritance, during the sharing
are obliged to provide complete information on this matter.
B. Sharing rules
I. Disposition of the legator
Item 647- The legator, how to share with his death-related savings and how to share the shares
can set rules about how to create.
These rules, in case of an inequality that is not intended by the legator,
It is binding for the heirs, provided that the possibility of equalization is reserved.
Unless it is understood from the savings that he wishes to the contrary, the inheritance property of the heir is transferred to an heir.
It is not a testament, but only a rule of distribution.
II. Participation of the trustee in sharing
Item 648- Those who have taken over or seized the share of an heir in the opened inheritance, or
The creditor, who has a certificate of insolvency against the heir, obtained this document from the magistrate.
may request the appointment of a trustee to participate in the sharing instead of the heir.
C. Sharing takes place
I. Equality of heirs
Item 649- Unless there is a contrary provision in the law, the heirs, in sharing the entire estate,
have equal rights over their property.
The heirs believe that sharing about the relations between the inheritor and them is equal and fair.
They are obliged to give each other all the information that needs to be taken into account in order to be appropriate.
Each of the heirs is obliged to pay or secure the debts of the estate before sharing.
may want to connect.
II. Creation of shares
Item 650- The heirs form a share from the estates by the number of heirs or common roots.
If there is no agreement, each of the heirs is responsible for the creation of the shares from the magistrate's court.
may want. In the creation of the shares, the judge is responsible for the local customs, the personal situations of the heirs and the
takes into account the wishes of the majority.
The allocation of shares is made in accordance with the agreement of the heirs. If this is not possible, the lot
is drawn.
III. privatization or sale of certain goods
Item 651- Indivisible property without significant decrease in value, as a whole
assigned to one of the heirs.

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If the heirs cannot agree on the division or allocation of a property, that property
It is sold and the price is divided.
If one of the heirs makes a request, the sale is made through auction. How to raise heirs
If they cannot agree on the issue, the magistrate may decide that the auction be made among the heirs or open to everyone.
decides.
D. Allocation of family residence and household goods to the surviving spouse
Item 652- In the event of the death of one of the spouses, household goods or spouses are among the estate properties.
if there is a house where they live together; survivor
The spouse may request that the right of ownership be granted to him on the basis of the right of inheritance.
In the presence of justified reasons, other legal heirs of the surviving spouse or the legator
At the request of someone, it can also be decided to grant usufruct or residence instead of ownership.
The same profession or art of one of the descendants of the legator, who practices a profession or art
The surviving spouse cannot use these rights in the parts necessary for the performance of the surviving spouse. to agricultural immovables
Provisions of inheritance law regarding inheritance are reserved.
E. Goods with properties
I. Goods that form integrity or have family documents and special commemorative value
Item 653- In case of opposition from one of the heirs, their qualifications or the purpose for which they are assigned
Objects constituting a whole cannot be separated from each other.
Family documents and belongings with special memory value for the family, in case of objection by one of the heirs.
cannot be sold. If there is a disagreement between the heirs, the magistrate will determine the local customs, if there is no custom, the personal
taking into account the circumstances of these goods, whether or not they are deducted from their share.
decides to be allocated to one of the heirs or sold.
Special law provisions are reserved.
II. Receivables of the legator from the heirs
Item 654- The receivable of the inheritor in an heir will be paid to the heir during the sharing.
is deducted.
III. Pledged estates
Item 655- An estate pledged for the debts of the inheritor in sharing
the inheritor assumes the debt secured by that property.
IV. Immovables
1. Division
Item 656- The provisions of the law regarding the division of immovables are reserved.
2. Dedication
a. The value that is the basis of specialization
Item 657- The immovables are based on their actual values ​at the time of sharing.
reserved for heirs.
Agricultural immovables are allocated according to their income value, other immovables are allocated according to their release value.
b. Determination of value
Item 658- If the heirs cannot agree on the allocation value, this value is determined by the magistrate.
determined by.
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V. Agricultural enterprises
1. Exclude from sharing
a. Terms
Article 659- (Repealed: 30/4/2014-6537/9 art.)
b. Assignment of movables
Article 660- (Repealed: 30/4/2014-6537/9 art.)
c. To which heir the privatization will be made
Article 661- (Repealed: 30/4/2014-6537/9 art.)
D. Editing with death savings
Article 662- (Repealed: 30/4/2014-6537/9 art.)
to. minor heirs
Article 663- (Repealed: 30/4/2014-6537/9 art.)
2. Family property partnership
a. right of claim
Article 664- (Repealed: 30/4/2014-6537/9 art.)

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b. Termination of partnership
Article 665- (Repealed: 30/4/2014-6537/9 art.)
3. Meeting the shares of other heirs with heir income certificate
Article 666- (Repealed: 30/4/2014-6537/9 art.)
4. Sub-industrial enterprise
Article 667- (Repealed: 30/4/2014-6537/9 art.)
5. Selling the business
Article 668- (Repealed: 30/4/2014-6537/9 art.)
THIRD SECTION
BALANCING IN HERITAGE
A. Among the heirs
Item 669- Legal heirs, from the inheritance, which they have obtained as a deduction for their inheritance shares.
by giving back the gratuitous gains to the estate in order to ensure equalization.
are obligated to each other.
To give dowry or founding capital of the legator or to transfer an asset, or
the gains he has made to his descendants without any compensation, such as getting out of debt and the like, otherwise
Unless clearly stated by the legator, it is subject to equalization.
B. In case of loss of inheritance title
Item 670- The inheritance of the heir who lost the title of heir before or after the opening of the inheritance
The obligation to give passes to the heirs who replace him at the rate of increase in the inheritance shares.

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C. Equalization
I. Return or offset
Item 671- The heir, who is obliged to give back, gives back exactly what he received; if he wishes
even if it is more than its share, it deducts its value to the inheritance share.
The dispositions of the legator against this rule and the rights of the heirs regarding the criticism are reserved.
II. Gains exceeding the inheritance share
Item 672- If the gain exceeds the inheritance share, the heir will
If he proves that he wants to leave it to himself, this surplus is not subject to equalization. Other heirs
The rights of criticism are reserved.
III. Equalization value
Item 673- Equalization is made according to the value of the gain at the time of equalization.
Unjust enrichment between heirs on benefits and losses and income and expenses
provisions apply.
D. Education and training expenses
Item 674- Returning due to expenses incurred for the education and training of children
unless it is proved that the legator wishes otherwise, but the portion exceeding the customary measures.
available for
To children who have not completed their education and training or who have a disability,
an equitable payment is made. (one)
E. Gifts and marriage expenses
Item 675- Ordinary gifts and expenses in accordance with the tradition made during marriage
not subject to equalization.
About the dowry expenses made within the customary measures in the marriages of Altsoy relatives
It is the original that there is the desire not to subject it to equalization.
FOURTH SECTION
COMPLETING THE SHARE
AND RESULT
A. Finalizing the sharing
I. Sharing agreement
Item 676- Formation and actual acquisition of shares between the heirs or between them
The sharing agreement they will make binds the heirs.
With a share agreement, the heirs may inherit all or part of the estate.
They can also accept the conversion of the joint property into joint ownership in proportion to their inheritance shares.
The validity of the sharing agreement depends on its written form.
II. Contract on inheritance share
Item 677- Regarding the transfer of the inheritance share on the whole or part of the estate
The validity of the agreements made between the heirs depends on the written form.
The validity of such a contract that an heir will make with a third party is determined by the notary public.
depends on the arrangement. The Agreement does not authorize that person to participate in the sharing; just don't share
At the end of the day, it provides the right to demand that the share allocated to the heir is given to him.
–––––––––––––––––
(1) With Article 1 of the Law No. 6462 dated 25/4/2013, the phrase "injuries" in this paragraph
Changed to "disability".

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III. Contracts made before the opening of the inheritance
Item 678- Without the participation or permission of the inheritor, an heir that has not yet been opened
Contracts with other heirs or a third party about the inheritance are not valid.
It may be requested to return the performances fulfilled pursuant to such a contract.
B. Responsibility of heirs to each other
I. Guarantee debt
Item 679- After the completion of the sharing, the heirs, for the goods falling to their share
are liable to each other according to the terms of sale.
In sharing, the heirs declare the existence of the receivables assigned to each of them against each other.
as they warrant; deduction of the right of the heir, except for the valuable papers registered in the stock exchange
For the amount paid, they are responsible for the debtor's ability to pay as a general guarantor.
Litigation based on guarantee and surety will be settled on or after the date of sharing.
receivables become time-barred after one year has passed since the due date.
II. Invalidity of sharing agreement
Article 680- General provisions of the Code of Obligations regarding invalidity, sharing agreements
also applies to.
C. Liability of heirs to third parties
I. Joint liability
Item 681- The heirs may be divided or transferred by the creditor, either explicitly or implicitly.
with all of his assets after the division, due to the debts of the estate that were not consented to.
are jointly and severally liable.
Due date on the date of the sharing or on debts to be fulfilled later
Consistency ends when five years pass from its date.
II. Recourse to heirs
Item 682- An estate whose payment is not imposed on him in the sharing agreement.
The heir who pays his debt or more than the amount he has received can recourse to other heirs.
The right of recourse is first given to the heir who has undertaken the paid debt sharing contract.
used against.
In other cases, unless otherwise agreed, each of the heirs inherits the debts in the estate.
liable to pay his share.
BOOK FOUR
PROPERTY LAW
PART ONE
OWNERSHIP
FIRST PART
GENERAL PROVISIONS
A. Content of the property right
Item 683- The person who owns something, within the limits of the legal order, on that thing
has the authority to use, benefit and dispose as he wishes.

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The owner can file a lawsuit against the person who has his property unjustly.
It can also sue for the prevention of all kinds of unfair possession.
B. Scope of property right
I. Integral part
Item 684- Anyone who owns something also owns the integral parts of that thing.
The integral part, which is the basic element of the main thing according to local customs, and unless that thing is destroyed,
It is a part that cannot be separated from it unless it is damaged or its structure is changed.
II. Natural products
Item 685- The owner of something becomes the owner of its products.
Products are natural or legal products obtained periodically and something is specified.
According to the purpose, it is the other yields that are considered appropriate to be obtained from it according to the customs.
Natural products are an integral part of it until it is separated from the main thing.
III. Addition
1. Definition
Item 686- Dispositions regarding something include its addition, unless otherwise stated.
The extension, the main thing is to be operated according to the understandable desire of the owner or according to local customs,
consolidation in its use, which is constantly assigned to the main thing in order to protect or benefit,
It is movable property attached to the main thing by nickname or other form.
The plugin does not lose this quality by temporarily leaving the main thing.
2. Attachments not counted
Item 687- Only temporary use or consumption of the person who possesses the main thing
only to be protected without having any relation with the special quality of the original or the original thing,
Things that are combined with it for sale or rental are not considered add-ons.
C. Co-ownership
I. Shared ownership
1. General rules
Item 688- In joint ownership, more than one person may own something that is not materially divided.
owns all of them with certain shares.
Unless otherwise determined, the shares are considered equal.
Each of the stakeholders has ownership rights and obligations in terms of their own share. Share
It can be transferred, pledged and sequestered by creditors.
2. Management and savings
a. Deals
Article 689- Stakeholders, by unanimous agreement among themselves, to benefit, use and
may make a regulation different from the provisions of the law in matters related to management. However, such a
The following rights and powers of stakeholders cannot be removed or limited by agreement:
1. Obligatory for the protection of the usability and value of the goods subject to joint ownership.
to carry out management works and to ask the court to take relevant measures when necessary,

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2. Immediate receipt of the goods in order to protect them from risk of damage or escalation
to take the necessary measures on account of all stakeholders.
From the stakeholders, provided that the signatures of the agreements related to the immovables are notarized.
Upon the application of someone, an annotation can be given to the land registry.
b. Ordinary management jobs
Item 690- Each of the stakeholders is responsible for carrying out the usual management works, especially for minor repairs.
It is authorized to make and carry out agricultural works.
Without prejudice to the provisions of the law regarding the execution of compulsory and urgent works,
Different regulation on authority in ordinary management works, with the decision of the majority of the stakeholders.
can be brought.
c. Important management jobs
Item 691- Changing the operating method or type of agriculture, to ordinary rent or product rent
for important management works such as the conclusion or termination of contracts related to the
must be decided by a majority of stakeholders.
The value of the shared property exceeding the limits of ordinary management or its suitability to benefit
The same majority is sought in the maintenance, repair and construction works necessary for the preservation of
In case of equality of shares and stakeholders, the judge, upon the request of one of the stakeholders,
makes a fair decision, taking into account the interests of stakeholders; doing the work it deems necessary
may appoint a trustee from among the stakeholders or from outside.
D. Extraordinary management work and savings
Item 692- Changing the purpose of the shared property, protection or ordinary
Engaging in construction works exceeding the extent required by the use of the property or on the whole of the shared property
making savings transactions, unless it is unanimously agreed otherwise, is the responsibility of all stakeholders.
subject to acceptance.
If a immovable pledge or immovable burden is established on the shares, the stakeholders
they cannot register with similar rights.
3. Exploitation, use and protection
Item 693- Each of the stakeholders, to the extent that it complies with the rights of the others,
can take advantage of it and use it.
In case of dispute, the judge determines the way of benefiting and using. This determination is
It can also be in the form of dividing its use among stakeholders by time or place.
Each of the stakeholders represents the other stakeholders to protect the indivisible common interests.
can provide.
4. Expenses and liabilities
Article 694- Administrative expenses, taxes arising from shared ownership or related to shared property
and other liabilities, by the stakeholders in proportion to their shares, unless there is a provision to the contrary.
is welcomed.
The stakeholder, who has paid more than his share, may recourse to others in proportion to his share.
5. Binding of decisions
Article 695- What the stakeholders do in matters related to utilization, use and management
regulations and decisions taken by the court and the decisions made by the court, which subsequently become a shareholder or shareholder.
It also binds those who gain real rights over it.

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Decisions regarding utilization, use and management of immovables
In order to bind those who have real rights on the share, these must be annotated in the land registry.
6. Disengagement
a. Stakeholder removal
Item 696- With his own attitudes and behaviors or he has stopped using the goods, or
with the attitudes and behaviors of the persons whose actions he is responsible for, to all of the other stakeholders or to a
the stakeholder, who heavily violates their obligations to the
If it has made the continuation of the ownership relationship unbearable, it can be removed from the partnership with a court decision.
The filing of the lawsuit is decided by the majority of the share and stakeholder, unless otherwise agreed.
depending on the delivery.
If the judge deems the expulsion request justified, it will cover the share of the stakeholder to be removed.
If it is possible to separate the part from the property, by making this separation, the part that is separated is from the shared property.
decides to dedicate to the extracted.
The value of the share in the property, which cannot be separated exactly, with the value on the date of the lawsuit.
The stakeholder or stakeholders who want the transfer of these requests forward together with the request to remove them from the partnership.
they have to drive. The judge may decide on the share within an appropriate period of time to be determined ex officio before adjudicating.
decides on the payment or deposit of its value. If the case is accepted, the share is in the name of the requester.
registration is required.
If the part that will meet the share cannot be separated from the property and the stakeholder who wants this share is not found
The judge determines a period for the defendant to transfer his share and the share that has not been transferred within this period is cleared.
decides to sell by auction. Provisions regarding sale decision, foreclosure through forced execution
fulfilled accordingly.
b. Removal of other beneficiaries
Item 697- Provisions regarding the expulsion of a shareholder, by analogy, usufruct on the share.
It is also applied to the holders of personal beneficiary right, in kind or annotated in the title deed.
However, it is decided to terminate a non-transferable right in return for an appropriate compensation.
7. Termination of shared ownership
a. Share prompt
Item 698- Pursuant to a legal transaction or the fact that the shared property is assigned to a permanent purpose
each of the stakeholders, unless there is an obligation to continue the shared ownership due to
may want to be shared.
The right to request sharing can be limited to a maximum of ten years by a legal action.
Contracts regarding the continuation of shared ownership in immovables depend on the official form and are registered in the land registry.
annotation can be given.
Sharing requests cannot be made at an inappropriate time.
b. Sharing format
Item 699- Sharing, dividing the goods exactly, or selling by bargaining or auction
in the form of a split of the cost.
If agreement cannot be reached in the form of sharing, upon the request of one of the stakeholders, the judge may
in case the values ​of the divided parts do not coincide with each other.
decides to provide equalization by adding money to the missing value piece.

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If the division request is not found to be suitable for the situation and conditions, and especially if the shareholding property has an important value.
If it is not possible to divide it without loss, it is judged to be sold by auction. Stakeholders of the sale
The decision to make an auction is subject to the consent of all stakeholders.
c. Status of the usufruct owner
Article 700- In case a stakeholder establishes a usufruct right on his/her own share,
one of them requests to share within three months starting from the notification of the establishment of the usufruct right.
if found; The right of usufruct in sharing through sale continues on the price to be deducted for the relevant share.
II. co-ownership
1. Sources and nature
Article 701- Due to the community formed in accordance with the law or the contracts stipulated in the law
The property of those who jointly own the goods is joint property.
In the ownership of the partnership, the partners do not have determined shares, but the right of each
common to all goods.
2. Terms
Article 702- The rights and obligations of the partners, the law or contract that created the community
determined by its provisions.
Unless there is a contrary provision in the law or contract, both management and disposition
For transactions, the partners must decide unanimously.
As long as the contractual community continues, sharing cannot be made and
savings cannot be made.
Each of the partners can ensure that the rights that enter the community are protected. All this protection
partners benefit.
3. Termination
Item 703- Joint ownership, transfer of property, dissolution of the community or shared ownership
ends with passing.
The allocation is made according to the provisions of shared ownership, unless there is a provision to the contrary.
SECOND PART
REAL ESTATE PROPERTY
FIRST SECTION
of the immovable property
SUBJECT, WIN AND LOSS
A. Subject of immovable property
Article 704- The subject of immovable property is as follows:
1. Land,
2. Independent and permanent rights recorded on a separate page in the land registry,
3. Independent sections registered in the condominium registry.

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B. Acquisition of immovable property
I. Registration
Item 705- The acquisition of immovable property is by registration.
Inheritance, court decision, forced execution, occupation, expropriation and other cases stipulated in the law.
In such cases, ownership is acquired before registration. However, in such cases, the owner can make savings,
It depends on the fact that the property is registered in the land registry.
II. ways to win
1. Legal action
Article 706- Validity of contracts aiming at the transfer of immovable property, official
depending on how they are arranged.
Testamentary dispositions and property regime contracts are subject to their own specific forms.
2. Occupation
Item 707- Acquiring the ownership of an immovable registered in the land registry through occupation,
however, it depends on the fact that the registration is abandoned at the request of the owner.
Ownership cannot be acquired through occupation on immovables that are not registered in the title deed.
3. Formation of new land
Item 708- Accumulation, filling, landslide or in the bed of public waters or
utilizable land regenerated in derelict places due to changes in the level of
It belongs to the state.
If there is no public inconvenience, the state will first redeem this land for the loss of the land.
or to the adjacent land owner.
The owner, who proves that the pieces of land have been detached from his own land,
starting from the date of its occurrence, and in any case, within ten years from the date of occurrence.
can take.
4. Landslide
a. generally
Item 709- Land slide does not require boundary change.
Pieces of land and other objects that have passed from one immovable to another due to land slide
Provisions regarding drifting and interference apply.
b. Landslide
Article 710- The principle that landslides will not cause a change in the border is approved by the competent authorities.
It is not applied in regions determined to be landslide areas.
During the determination of these regions, the structure of the land in the region is taken into consideration.
The fact that an immovable is located in such a region is duly notified to the relevant parties and the title deed
are written in the declarations column of the log.
c. Redefining the border
Article 711- If the border does not reflect the truth due to land slide; the relevant real estate owner,
may request a re-determination of the border.
Excess and deficiencies are compensated.

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5. Beneficial statute of limitations
a. ordinary statute of limitations
Item 712- The person who is registered as the owner of the land registry without a valid legal reason,
If he maintains his possession of the immovable for ten years without a lawsuit and uninterruptedly and in good faith,
the property right acquired by him in this way cannot be challenged.
b. extraordinary statute of limitations
Item 713- An immovable that is not registered in the land registry can be held for twenty twenty years without a lawsuit and without interruption.
The person who is in possession of that immovable for a period of years and in the capacity of owner, wholly, part or a
may request a decision to register the ownership right on its share in the land registry.
Under the same conditions, the owner cannot be identified from the land registry or twenty years ago (…) (1)
the whole of the immovable registered in the name of a person for whom a decision of absence has been made, or
the possession of a part of which there is no objection to the division of that immovable, as a whole, a part or a
may request a decision to register the ownership right on its share in the land registry. (one)
The registration case is filed against the Treasury and related public legal entities or, if any, of the person who appears to be the owner in the deed.
filed against his heirs.
The subject of the case is determined by the court once with the newspaper and also in the appropriate place where the immovable is located.
shall be announced at least three times by means and intervals.
Objection by claiming that the above conditions are not fulfilled within three months starting from the last announcement.
If the claimant is not found or the objection is not seen at the place of objection and the claim of the plaintiff is proven, the judge will register.
decides. Ownership is acquired when the conditions stipulated in the first paragraph are met.
Defendants and objectors may request a decision to be registered in their own name in the same lawsuit.
In the decision, the nature, location, borders and surface area of ​the immovable that is requested to be registered are stated and the decision is made,
A sketch containing technical information organized by experts is also attached.
Special law provisions are reserved.
c. Calculation of durations
Article 714- Calculating, cutting and calculating the gainful statute of limitations
Provisions of the Code of Obligations regarding the statute of limitations are applied by analogy.
6. Unclaimed places and publicly owned property
Item 715- The unclaimed places and the public goods, the provision and disposition of the State
below.
Unless proven otherwise, its benefit may be attributed to public waters and to agriculture such as rocks, hills, mountains, glaciers.
unsuitable places and the resources arising from them are not the property of anyone and
cannot be subject to private property.
Acquisition, maintenance, protection, operation and use of unclaimed places and publicly owned property.
Its use is subject to the provisions of special law.
III. Right to request registration
Item 716- From the owner on the basis of a legal reason that will be the basis for the acquisition of the property.
The person who has the personal right to request the registration of the property in his own name, the refusal of the owner
may request the judge to transfer the property forfeit.
––––––––––––––––
(1) The words “…dead or…” in this paragraph were used by the Constitutional Court dated 17/3/2011 and E.: 2009/58,
K.: It was canceled by the Decision No. 2011/52.

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Occupation, inheritance, expropriation, enforcement or court decision of the ownership of an immovable
Based on this, the winner can register directly.
In the ownership of an immovable property due to the property regime between the spouses
changes are registered directly in the land registry upon the request of one of the spouses.
C. Loss of property ownership
Item 717- The ownership of the immovable ends with the abandonment or the complete destruction of the immovable.
In case of expropriation, when the property will end is determined by special law.
SECOND SECTION
CONTENT OF THE IMMOVABLE PROPERTY
AND RESTRICTIONS
A. Content of immovable property
I. Scope
Item 718- The property on the land, to the extent that it is beneficial to use it,
and the underlying supply tiers.
This property includes structures, plants and resources without prejudice to legal limitations.
also enters.
II. Limits
1. Setting boundaries
Item 719- The boundaries of the immovable are determined by the title deed plans and the boundary markings on the supply.
If the deed plans and the signs on the earth do not match, the main thing is the border in the plan. It
The rule does not apply in regions determined by the competent authorities to be landslide areas.
2. Obligation to set boundaries
Article 720- Each land owner, at the request of his neighbor, determines the borders that are not clear.
Contributing to the correction of title plans or placing border marks on the supply
liable.
3. Shared ownership over borders
Item 721- Boundaries such as walls, railings, fences to separate two immovables from each other,
Unless proven otherwise, it is considered the shared property of both neighbors.
III. Structures in the field
1. Land and building material
a. Ownership relationship
Item 722- A person can use someone else's material or use someone else's material in the building on his own land.
If he uses his own or someone else's material in the building on his land, this material
becomes an integral part.
However, the removal of material that has been used without the owner's consent may result in excessive damage.
If it will not open, the owner of the material shall have them dismantled and paid for himself, at the expense of the builder.
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Under the same conditions, the owner of the land is also used in the construction without his consent.
may request that the material be dismantled and removed at the expense of the builder.
b. Compensation
Item 723- If the material is not removed and taken, the land owner shall provide an appropriate compensation to the material owner.
liable to pay.
If the owner of the land who built the building is not in good faith, the judge shall be liable for the damage suffered by the owner of the material.
may decide to pay full compensation.
If the owner of the material who made the building is not in good faith, this is the amount to be decided by the judge.
may not exceed the minimum value of the material for the land owner.
c. Transfer of ownership of the land to the owner of the material
Item 724- If the value of the building is clearly more than the value of the land, the bona fide party
ownership of the building and all or a sufficient part of the land in exchange for material
may be returned to its owner.
2. Flooded structures
Item 725- The part of a building that is carried over to someone else's land, if the owner who built the building
If it has an easement right on the land, it becomes an integral part of the immovable belonging to it.
If there is no such right of easement, fifteen minutes starting from the date the damaged owner learned about the overflow.
If he does not object during the day, but also if the situation and conditions justify, it will destroy the flood structure.
the person who does it in good faith, establishes an easement for the overflowing part in return for a suitable price or
may request the transfer of ownership of the piece of land on which this part is located.
3. Right of way
Item 726- Above or below a land belonging to someone else based on an upper servitude
The ownership of the structures that are built to stay permanently belong to the owner of the easement right.
Condominium or condominium on independent parts of a building suitable for use alone
Establishment of floor easement is subject to the Property Ownership Law.
A separate right of construction cannot be established on independent sections.
4. Channels
Item 727- The channels of water, gas, electricity and similar
even if they are outside of the business, the annex of that business and the property of the business owner, unless there is a contrary arrangement
counted.
Except for the cases required by the neighborhood law, the real right of an immovable with such a medium
It can only be installed as an easement by establishing an easement.
The right of easement, if the medium is not visible from the outside, with its registration in the land registry, if it is visible from the outside
It arises with the making of the medium based on the contract to be drawn up by the notary public.
5. Movable structures
Item 728- A hut, buffet, built without the intention of being permanent on someone else's land,
arbours, sheds and similar light structures belong to their owners.
Such structures are subject to the provisions of movable property and are not shown in the land registry.

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IV. Saplings planted in the field
Item 729- A person can plant someone else's sapling on his own land or on his own or a third party.
if he plants a sapling on someone else's land, it may be used for structures made using someone else's material or
The provisions regarding movable structures are also applicable to them.
Trees and forests cannot be the subject of copyright.
V. Responsibility of the immovable owner
Item 730- The property right of an immovable owner is contrary to the legal restrictions of this right.
The person who has been harmed or faced the danger of harm as a result of using the
may sue for the removal of the danger and the damage suffered.
The judge shall pay an appropriate price for damages arising from unavoidable outbursts in accordance with local custom.
can decide to balance.
B. Restrictions on property ownership
I. In general
Item 731- Legal restrictions of immovable ownership, registration in the land registry
be effective without
The removal or change of these restrictions is the official agreement of the relevant contract.
It depends on how it is arranged and an annotation is given to the land registry.
Restrictions for the public interest cannot be removed or changed.
II. Limitations of the right of transfer
1. Legal preemption right
a. holder of preemption
Item 732- The share of a stakeholder on the immovable in joint ownership is wholly or partially
In case of sale to a third party, other stakeholders may exercise their right of pre-emption.
b. Prohibition of use, waiver and limitation period
Item 733- Preemption right cannot be used in sales by forced auction.
The waiver of the preemption right must be formally made and annotated to the land registry.
Waiver of pre-emption in a particular sale is subject to written form and must be made before or after the sale.
can be done later.
The sale is notified to other stakeholders by the buyer or seller through a notary public.
The pre-emption right is valid for three months from the date of notification of the sale to the right owner, and in any case, the sale
falls after two years.
c. Using
Item 734- Preemption right is used by filing a lawsuit against the buyer.
Before the decision to register the share on behalf of the holder of the preemption right, the sales price and the deductible to the buyer
by depositing the title deed expenses in cash to the place determined by the judge within the period determined by the judge.
liable.
2. Contractual preemption right
Item 735- The preemption right arising from the contract annotated to the land registry,
It can be used against any owner in a timely manner and according to the conditions specified. If conditions are not specified in the log
The conditions in the sale of the immovable to a third party are taken as basis.

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In any case, the effect of the annotation ends after ten years from the date of issuance of the annotation.
Provisions regarding the exercise of the legal right of pre-emption and waiver arise from the contract.
It also applies to preemption.
3. Repurchase and redemption rights
Item 736- Purchase and repurchase rights annotated to the land registry, within the period specified in the annotation.
It can be used against any owner.
The effect of the annotation, in any case, ends ten years from the date of the annotation.
III. neighbor right
1. How to use
Item 737- Everyone, while using the powers arising from the immovable property, and especially the business
While carrying on its activities, it is obliged to avoid exuberance that will adversely affect its neighbors.
In particular, it is pleasant among neighbors according to the condition, quality and local custom of the immovable.
by emitting smoke, mist, soot, dust, odors, noise or vibration exceeding the visible level.
inconvenience is prohibited.
The rights regarding the equalization arising from the unavoidable excesses in accordance with the local custom are reserved.
2. Excavations and structures
a. Rule
Item 738- While the owner is excavating and building, shaking the neighboring immovables and their lands
or to avoid harm by endangering or affecting the facilities above them
has to.
Provisions on flooded structures about structures contrary to the rules of neighborhood law
is applied.
b. Special rules
Item 739- The rules to be followed in excavations and structures are determined by special laws.
3. Plants
a. Rule
Item 740- Branches and roots that overflow and damage the neighbor's land, at his request
If it is not removed in a while, the neighbor can cut these branches and roots and pass them into his own property.
The neighbor, who bears the overflow of branches on his land that has been planted or on which a building has been built,
has the right to collect the grown fruits.
These provisions do not apply to neighboring forests.
b. Special rules
Item 741- Rules that the owners of neighboring immovables have to comply with when planting
determined by special laws.
4. Naturally flowing water
Item 742- The owner of the immovable is the owner of the waters flowing naturally from the land above to his own land.
and especially has to endure the flow of rain, snow and unsecured spring waters.

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Neither neighbor can change the flow of these waters to the detriment of the other.
The land owner at the top can only supply the water required for the immovable at the bottom but for his own immovable.
may be retained to the extent necessary.
5. Draining excess water
Item 743- If the water of a land has been flowing naturally to the land at the bottom for a long time,
The owner of the land at the bottom also uses these waters as compensation during the discharge of excess water from the land at the top.
has to accept it without the right to demand it.
If the owner of the land at the bottom is damaged by the flowing waters due to emptying, the expense of the above
the owner of the land may request that the water be drained through the medium to be built on his own land.
The provisions of the special law on the draining of swamps are reserved.
6. Passing the channel
a. obligation to bear
Item 744- Each immovable owner, provided that all of the damage to be incurred is paid in advance,
pipes, electrical lines and cables belonging to waterway, drying duct, gas and the like, from elsewhere
under his own land or if it is impossible or excessively costly to
liable to be passed over.
In case the transfer of the media is dependent on the expropriation rules, this Law shall apply to the media.
Neighborhood provisions do not apply.
The right to pass the channel, at the request of the right owner and on the condition that he pays the expenses.
registered in the registry.
b. Protection of the interest of the obligated immovable owner
Item 745- The owner of the obligatory immovable, in accordance with the fairness of his own interest
may ask to be observed.
If there are extraordinary situations in the channels that will pass over the land, the owner shall
a suitable part of the piece of land on which it will be passed, at a price that will fully cover its damage.
may request to be purchased.
c. change of situation
Item 746- If the situation changes, the obligated immovable owner may choose another medium for his own benefit.
You may want to be transported somewhere.
As a rule, relocation expenses belong to the owner of the channel right.
If special circumstances justify, the owner of the immovable may also be part of the appropriate expenses.
may be required to participate.
7. Rights of way
a. Mandatory passage
Item 747- The owner, who does not have enough passage from his immovable to the general road,
may ask its neighbors for a right of passage in exchange for a fee.
This right is the most important according to the previous property and road condition that this pass is requested from him first.
It is used against the corresponding neighbor and then against the one who will suffer the least from it.
Mandatory passage is determined by considering the interests of both parties.

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b. Other rights of way
Item 748- Operation or improvement of the immovable property of the immovable owner or on the immovable
with the right to temporarily enter the neighboring immovable for the purpose of building, field road, animal watering road,
winter pass, log shift road and gutter and other similar passages are subject to special law provisions.
is subject to.
If there is no special law provision, local custom is applied.
Right of way arising directly from the law, without being registered in the land registry.
birth. However, those that are permanent are shown in the declarations column.
8. Limits
Item 749- Without prejudice to the provisions regarding shared ownership on the limits; every land
The owner covers the expenses made for the border of the immovable to be surrounded by restrictions such as fences or walls.
Special law provisions regarding the obligation and form of turning the land with limitations
reserved.
9. Obligation to participate
Article 750- Each immovable owner is obliged to use the powers arising from the neighborhood law.
He is obliged to participate in the necessary works and their expenses in proportion to his own benefit.
IV. The right to enter someone else's land
1. Entering the forest and pasture
Article 751- Unless prohibited by the competent authorities in order to protect the vegetation,
Everyone can enter someone else's forest and pasture, and the wild fruits, mushrooms, etc.
He may collect and take things as much as local customs allow.
Entering someone else's land for hunting and fishing is subject to special law provisions.
2. Retrieval of drifted things and similar
Item 752- As a result of water, wind, avalanche or other natural forces or as a result of coincidence
large and small animals, bees, which are dragged or fallen into someone else's land
searched and taken animals such as sons, poultry and fish by the right holders, land owner
must allow.
The land owner, therefore, to demand compensation for the loss incurred and the compensation fee
has the right to imprison those things until it is paid for him.
3. In case of necessity
Item 753- A person is a person who threatens himself or someone else, or a harm that is present at that time.
The danger can only be prevented by interfering with someone else's real estate and this damage or danger cannot be attributed to the real estate.
If the damage is significantly greater than the damage caused by the intervention, the owner has to bear it.
The owner may therefore demand an equitable equalization fee for the damage suffered.
V. Public law restrictions
1. In general
Item 754- Restriction of the right of immovable property for the public benefit, especially the structure,
law enforcement services related to fire, natural disasters and health; forests and roads, sea and lake shores
placing border signs and landmarks on main and secondary roads; improvement of the soil

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cine or division, consolidation of agricultural lands or building-specific plots; relics,
natural beauties, landscapes, spectacle points and rare nature monuments and springs, hot springs, mines and
Ownership restrictions on the protection of spring waters are subject to special law provisions.
2. Improvement of the soil
Item 755- Correction of waterways, irrigation, drying of swamps, road clearing, forest
improvement works such as cultivation, consolidation of lands, but only with the joint initiatives of the relevant owners.
if it can be done, two-thirds of the owners, provided that they own more than half of the land,
They have to decide on the way. Other owners must also comply with this decision. Decision taken, title deed
displayed in the declarations column of the log.
Provisions of special laws regarding these matters are reserved.
C. Source and groundwater
I. Ownership and easement
Item 756- Resources are an integral part of the land and their ownership can only be
can be earned together with the ownership of the land from which they originate.
The right on the resources in someone else's land is registered in the land registry as an easement.
established by registration.
Groundwaters belong to the public interest. Possession of land, groundwater below it
does not result in possession.
Special law on the form and extent of use of groundwater by land owners
provisions are reserved.
II. damage to resources
1. Compensation
Item 757- Significantly utilized or accumulated water for the purpose of benefiting
partially cutting off springs or wells for excavation, construction or similar activities; or
The person who harms the owner or the person who has a right to it by polluting it is obliged to compensate for this damage.
If the damage was not caused intentionally or by negligence, or if the injured person is at fault, the judge,
assesses whether compensation is required, and if so, the amount and type.
2. Reinstatement
Item 758- Living in an immovable, operating it or drinking or using the drinking water of a place
If the resources necessary to ensure the supply are cut and polluted, the resource will be restored to the extent possible.
may be requested.
Apart from these, reinstatement may be requested only if special circumstances justify it.
III. Sources fed from the same bed
Item 759- If neighboring resources belonging to different owners are fed from a common main source
each of the owners, to keep these resources together and to the rightful owners of the water until then.
may request that it be distributed in proportion to their benefit.
The beneficiaries undertake the common facility costs in proportion to their utilization.
In case of opposition, each of the beneficiaries, even if the water in other springs will decrease.
even, it can do the necessary work for holding and flowing the water in its own source and
If the amount of water increases as a result of these works, only by paying a price at this increase rate.
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IV. Special law provisions and local custom
Item 760- Neighbors and neighbors from springs, wells or streams on privately owned land
other people's use of water by drinking, taking water or watering animals or similar ways.
subject to its provisions. If there is no special law provision, local custom is applied.
V. Mandatory water
Item 761- He lacks the water necessary for his house, land or business, and does this with excessive effort and
The owner of the immovable, who cannot obtain it in any other way without incurring the expense, is obliged to pay his neighbour, his need.
may request the establishment of an easement that will enable him to receive the excess water for a full price.
In the establishment of the compulsory water easement, the interest of the resource owner is taken into consideration first.
If the situation changes, it may be requested to change or remove the established easement.
THIRD PART
movable property
A. Subject
Item 762- The subject of movable property is the material things that can be moved in terms of their qualities.
are natural forces that are available to acquire and do not fall within the scope of immovable property.
B. Earning
I. Transfer of property
1. Transfer of possession
Item 763- Transfer of possession is required for the transfer of movable property.
The person who takes over the possession of a movable in good faith and as the owner, is the property of the transferor.
even if he does not have the authority to transfer, he becomes the owner of the thing in cases where the gain is protected according to the provisions of possession.
2. Retention of ownership
a. generally
Item 764- The record of keeping the ownership of a property transferred to someone else, only official
by recording the contract to be made in this manner in the special registry of the transferee's residence notary.
becomes valid.
No property reserve agreement can be made in animal sales.
b. Sale in installments
Item 765- The person who sells goods in installments, provided that they comply with the special provisions regarding these sales,
may request the return of the goods he has sold, based on the property reserve agreement.
3. Foreclosure
Item 766- The person who transfers the ownership of a movable is based on a special legal relationship.
If the thing retains its possession, the property will be undelivered. However, this process may harm third parties.
If it is made to get rid of the rules of movable pledge or to get rid of the rules, the transfer of property will not have any results.
Whether such a purpose is pursued or not, the judge will judge.

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II. ownership
1. unclaimed things
Item 767- The person who takes possession of an unclaimed movable with the will of ownership ,
becomes the owner.
2. Stray animals
Item 768- The captured game animals are released again, and their owners will be able to use them without delay.
If they don't call incessantly and try to catch them again, they become derelict.
If tamed animals become wild again and do not return to their owners, they become ownerless.
The bee swarm does not become unclaimed by having flown to someone else's property.
III. found item
1. Search and announcement
Item 769- If someone who finds something lost does not know the owner of the property, law enforcement
to inform the forces, to the headman in the villages or to make researches and to announce when necessary
has to.
If what is found is of significant value, in any case report it to law enforcement or the headman.
must.
Anyone who finds something in a residence or workplace or a public service place
o to the landlord or tenant or to those in charge of supervision and surveillance at the place where public service is provided.
has to deliver.
2. Protection and selling
Item 770- The thing found must be carefully preserved.
Preservation requires excessive expense or is perishable or law enforcement
or stored by a public agency for more than one year, the thing found can be sold. Sales,
when necessary, it is made by means of an auction, announced in advance.
The selling price replaces the item found.
3. Acquisition of property, return
Item 771- Owner of the found thing, announcement or notification to law enforcement or headman
if it does not occur within five years of its date; person who has fulfilled his obligations
acquires ownership of that thing.
If the found thing is returned to its owner, the finder must pay the expenses incurred and a suitable
may request an award.
Lost thing in a residence or workplace or public service place
if found; the owner, tenant or institution of that place is deemed to find that thing. However, they cannot claim rewards.
4. Treasure
Item 772- The fact that they were buried or hidden long before they were found and
Valuable things that are clearly understood to be no longer owned are considered treasure.

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Without prejudice to the provisions regarding the goods with scientific value, the treasure
becomes the owner of the immovable or movable property.
The finder of the treasure may ask for an appropriate reward, not exceeding half of its value.
5. Goods of scientific value
Item 773- In case of unclaimed natural things with scientific value and ancient artifacts
special law provisions apply.
IV. things falling or drifting
Item 774- Water is transported by the effect of wind, avalanche or other natural forces or as a result of coincidence.
Whoever comes under the sovereignty of the goods or animals, that person is entitled to the rights of the finder of the lost item.
is subject to its obligations.
The bee swarm who migrates to someone else's hive becomes the hive owner without paying a price.
V. Processing
Item 775- If a person processes something that belongs to someone else or puts it in another form,
If the value of the thing is more than the value of that thing, the person who works the new thing becomes the owner, otherwise.
If the worker is not in good faith, even if the value of the labor is more than the value of the thing processed, the judge will
may leave the new thing to the owner.
Claims arising from compensation and unjust enrichment are reserved.
VI. Mixing and merging
Item 776- The movable properties of more than one person without significant damage or excessive
if they are combined or mixed with each other in a way that will not be separated without effort and money, those people
a share on the thing in proportion to the value of its movables at the time of merger or mixing
they own property.
A movable mixes with another movable as a secondary integral part of it.
or merge; The entire item belongs to the owner of the main piece.
Claims arising from compensation and unjust enrichment are reserved.
VII. Earning timeout
Item 777- Ownership of someone else's movable property in good faith for five years without a lawsuit and uninterruptedly.
the person in possession of it in his capacity becomes the owner of that movable by means of statute of limitations.
In case of involuntary loss of possession, the possessor seizes the goods within one year or
If he regains it through a lawsuit, the acquisitive statute of limitations will not be cut.
Obligations in the calculation, interruption and suspension of the beneficial statute of limitations
The provisions of the Law on statute of limitations are applied by analogy.
C. Loss
Item 778- Unless the movable property is abandoned by the owner or by someone else
unless it is won, it does not end with the loss of possession alone.

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PART TWO
LIMITED RIGHTS IN SAME
FIRST PART
Easement Rights and Immovable Cargo
FIRST SECTION
Easement in favor of the immovable property
A. Subject
Item 779- The right of easement in favor of the immovable, in favor of another immovable on one immovable
is a burden placed on it, and the owner of the loaded immovable has some powers provided by the right of ownership.
avoiding the use of the immovable or the immovable property of the beneficiary immovable
compels him to use it.
Constructed debts cannot be the subject of easement in itself; it can only be connected to it as a secondary act.
B. Establishment and termination
I. Establishment
1. Registration
Item 780- Registration in the land registry is necessary for the establishment of the right of easement.
In the acquisition and registration of the right of easement, immovable property unless otherwise stipulated.
property rules apply.
Acquisition of the right of easement through statute of limitations can only be obtained in this way.
possible in real estate.
2. Contract
Item 781- The validity of the agreement on the establishment of the right of easement, officially
depends on the arrangement.
3. Right of easement on own real estate
Item 782- The right of easement on one of the two immovables belonging to the owner in favor of the other
can set up.
II. expiration
1. In general
Item 783- The right of easement, the abandonment of the registration or the absence of the loaded or beneficiary immovable.
ends with it.
2. The same person owns both immovables
Item 784- If the same person owns the loaded and beneficiary immovables, this person has the right to easement.
can leave.
Unless it is abandoned, the easement continues to exist as a real right.
3. Court decision
Item 785- If there is no benefit provided by this right for the immovable in favor of which an easement has been established,
The owner of the loaded immovable may request the cancellation of this right.

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An easement that provides little benefit compared to its burden, in return for a price, partially or
may be asked to leave completely.
C. Terms
I. Scope
1. In general
Item 786- The owner of the right of easement is obliged to protect and use his right.
take measures; however, to use his right in a way that will cause the least damage to the owner of the loaded immovable.
has to.
The owner of the loaded immovable will prevent or complicate the use of the right of easement.
not behaving.
2. By registration
Item 787- To the extent that it clearly determines the powers and obligations arising from the easement, registration
forms the basis for determining its scope.
In cases where it is not clearly understood from the registration, the scope of the right of easement is within the limits of the registration.
It is determined according to the reason for the acquisition or the way it has been used for a long time without a lawsuit and in good faith.
3. Change of needs
Item 788- The change in the needs of the beneficiary immovable, the servitude of the loaded immovable.
cannot make the burden heavier.
4. Special law provisions and local custom
Item 789- Crossing rights such as field roads, pedestrian or car crossings and animal grazing, animal
parties in determining the scope of irrigation, water intake rights to fields or arcs and similar rights.
If there is no agreement or special law provisions, local custom applies.
II. maintenance expenses
Item 790- The maintenance of the facilities necessary for the use of the right of easement, the beneficiary immovable
belongs to the owner.
If the facilities are beneficial to the owner of the loaded immovable, both owners shall bear their maintenance expenses.
participate in proportion to its benefits.
III. Changes
1. Changing the place of easement
Item 791- Provided that only a certain part of the immovable with easement is used
established, provided that the owner of this immovable proves his interest and undertakes the expenses; your easement,
may request the transfer of the immovable to another place in a way that will not make it difficult to exercise the right.
Even if the place where the right of easement will be exercised is specified in the land registry, the owner of the loaded immovable
can use authority.
Neighborhood law rules are also taken into account in the transfer of media from one place to another.
2. Division
a. Division of the immovable property
Item 792- In case the beneficiary immovable is divided into parcels, the rule applies to all
the continuation of the parcel's benefit.

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However, if the easement right can only be used for the benefit of one parcel, depending on the situation and conditions,
The owner of the loaded immovable may request the cancellation of the easement for other parcels.
The land registry officer notifies this request to the owner of the easement and makes an objection within one month.
If he does not, he abandons his right of easement.
b. Division of loaded real estate
Item 793- In case the loaded immovable is divided into parcels, the rule is that each parcel of the right of easement
to continue on.
However, if the right of easement is not used on certain parcels, it may also depend on the situation and conditions.
cannot be used, each of the owners of these parcels shall be entitled to the right of easement on their own immovable.
may ask to leave.
The land registry officer notifies this request to the owner of the easement and makes an objection within one month.
If he does not, he abandons his right of easement.
SECOND SECTION
USE AND OTHER EASEMENT
RIGHTS
A. Usufruct
Subject I
Item 794- The right of usufruct, on movables , immovables, rights or an asset
can be installed.
Unless otherwise regulated, this right gives its owner full authority to exploit its subject.
II. Establishment
Item 795- Right of usufruct, transfer of possession in movables , transfer of receivables in receivables,
immovables are established by registration in the land registry.
Contrary arrangement in acquisition and registration of usufruct right in movable and immovables
Unless otherwise, the provisions regarding ownership apply.
Even if the legal usufruct right on the immovable is not registered in the land registry, its status
against those who know. If registered, it can be brought against anyone.
III. expiration
1. Reasons for termination
Item 796- The right of usufruct, the complete disappearance of its subject and the abandonment of registration in immovables;
The legal right of usufruct ends with the disappearance of its cause.
Other reasons for termination, such as the expiration of the term or the waiver or death of the right holder,
grants the owner the authority to request the abandonment of immovables.
2. Duration
Item 797- Right of usufruct, death of the right holder in real persons; decided in legal persons
The expiration of the period ends with the disappearance of the personality, if the duration has not been determined.
The usufruct right of legal persons can last for a maximum of one hundred years.

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3. Destruction or expropriation
Item 798- The owner , the usufruct property, which is so devastated that it cannot be used, will be used.
is not obliged to do so; If it does, the usufruct right will be re-established.
In cases such as insurance and expropriation, the usufruct right, the provision that replaces the subject of the right.
continues on.
4. Giving back
a. Obligation
Item 799- When the right of usufruct expires, the right owner is obliged to return the property subject to the right to the owner.
liable.
b. Responsibility
Item 800- Unless the owner of the usufruct proves that the damage was not caused by his own fault,
responsible for the destruction or decrease in value of the property.
The owner of the usufruct, by compensating the things he consumes even though it is not necessary for his benefit.
liable.
The usufruct owner is responsible for the decrease in value that occurs as a result of the ordinary use of the property.
is not responsible.
c. Expenses
Item 801- Expenses, renewals and expenses incurred by the usufruct owner, even though he is not liable.
For additions, when the right expires, he may request compensation in accordance with the provisions of acting without a power of attorney.
In the event that the owner refrains from paying compensation, the usufruct owner may destroy the additions he has made, the old property.
can be dismantled, provided that it is
5. Timeout
Item 802- What can be claimed by the owner and usufruct right holder at the time of return
All claim rights become time-barred after one year from this moment.
IV. Provisions of usufruct
1. Rights of the beneficial owner
a. generally
Item 803- The owner of the usufruct right, the possession of the property, which is the subject of the right,
have the right to use and exploit it.
The usufruct owner has to take care like a good manager while using these powers.
b. Natural products
Item 804- Natural products that mature within the usufruct right period belong to the usufruct owner.
The owner or usufructuary who planted or planted, and other people who collect the maturing products.
The party may request an appropriate price for the expenses incurred, not exceeding the value of the product.
Integrative parts of the goods that are not considered natural yields or products by their nature belong to the owner.
belongs.

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c. Interest rates
Item 805- Interests and other periodic incomes of the capital subject to the usufruct right, no later than
Even if they are due, the usufruct right belongs to the owner until the date the usufruct starts and ends.
D. Transfer of use of right
Article 806- Unless there is a contrary provision in the contract or if the right holder is responsible for the situation and conditions.
If it is not understood that it should be used personally, the use of the usufruct right can be transferred to someone else.
In this case, the owner can directly claim his rights against the transferee.
2. Owner's rights
a. Surveillance
Item 807- The owner , who is the subject of the right, is against the law or does not comply with the quality.
may object to its use.
b. Asking for assurance
Item 808- The owner who proves that his rights have been endangered, has a guarantee from the usufruct owner.
may want.
If the subject of usufruct is consumable or valuable paper, the owner must prove the danger.
It may also request assurance before delivery without any need.
Depositing the valuable documents in a reliable place replaces the assurance.
c. assurance in forgiveness
Item 809- The right of usufruct remains with the donor in donations.
assurance is not required.
D. Consequences of not providing assurance
Item 810- The owner of the usufruct does not provide security within the appropriate period granted to him or
continue to use the property, which is the subject of the right, in an unlawful manner despite the objection of the owner.
if it does; until a new decision, the magistrate will remove the possession of the usufruct right holder.
entrusts the subject to a trustee to whom he will appoint.
3. Bookkeeping
Item 811- The owner or the usufruct owner may benefit from the usufruct to share the expenses from the other.
It can always request that the goods subject to its right be kept officially by the notary public.
4. Obligations of the beneficial owner
a. Protection of the property
Item 812- The owner of the usufruct is responsible for the preservation and ordinary maintenance of the property that is the subject of the right.
Responsible for making necessary repairs and replacements.
If the preservation of the goods requires more important work or measures to be taken;
The owner of the usufruct must notify the owner of the situation and allow them to be realized.
In the event that the owner refrains from doing the necessary works, the usufruct owner may put them on his account.
he can do it himself.
b. Maintenance and operating expenses
Item 813- Ordinary maintenance and operating expenses of the goods subject to usufruct, guarantee
The interests, taxes and duties of the debts incurred by him belong to the owner of the usufruct right during the usufruct period.

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If the owner has paid the taxes and duties, the usufructuary may pay them according to the above-mentioned basis.
The owner has to compensate.
All other obligations belong to the owner. However, the usufructuary right to fulfill these
If the owner does not provide the money required for his/her request free of charge; owner, usufruct
It may convert the property partially or completely into money for the fulfillment of these obligations.
c. Interest on debts in usufruct of assets
Item 814- In the usufruct of the assets, the usufruct owner shall pay the interest of the debts in this asset.
liable to pay. However, if the situation and conditions justify, the usufructuary
may seek relief from liability. In this case, the right of usufruct is the remainder after the debts are paid.
continues on the part.
D. insuring
Item 815- Owner of usufruct, if required by good management according to local customs,
He is obliged to insure the property against fire and other dangers in favor of the owner.
In this case or if the usufruct right is established on an insured property, the usufruct
The owner of the right is obliged to pay the insurance premiums for the duration of the right.
V. Special circumstances
1. Immovables
a. Products
Item 816- The person who has the right of usufruct on an immovable,
responsible for keeping it within the limits.
The products obtained by exceeding this measure belong to the owner.
b. The direction of specificity
Item 817- The owner of the usufruct right, the economic allocation aspect of the real estate subject to the usufruct is determined by the owner.
cannot change it in a way that causes significant harm; especially since it cannot transform it into a new form,
cannot make any significant changes.
The owner of the usufruct, to inform the owner in advance and to direct the economic allocation of the immovable.
provided that no significant changes are made, stone, lime, marble and peat quarries and the like can be opened.
c. Forests
Item 818- The person who has the right of usufruct on a forest, special law from him
can benefit within the framework of an operating plan that complies with its provisions.
The owner and the usufruct owner must ensure that their rights are observed while the business plan is being prepared.
they may want.
Ordinary exploitation due to storm, snow, fire, flood, insect infestation or other causes
If it is significantly exceeded, the forest is operated in a way that will gradually reduce this loss or the operation plan is new.
adapted to the situation. The price obtained as a result of excessive use shall be paid in a way that will incur interest.
is invested and allocated to make up for the lack of efficiency.
2. Things that can be consumed and valued
Item 819- The ownership of consumable things passes to the owner of the usufruct, unless otherwise agreed;
however, the usufructuary is obliged to pay the current value of these things at the time of return.

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The usufruct owner, on other movables delivered to him by appraisal, otherwise
may dispose freely, unless agreed upon; however, if he exercises this authority,
will be obliged to pay the appraised value of the things at the time of return. This payment is agricultural enterprise.
Giving goods of the same type and quality in equipment, animal herds, commercial goods or similar things
can be fulfilled by
3. Claims
a. Scope of benefit
Item 820- The right of usufruct on a receivable gives the authority to obtain its return.
The creditor of the payment request to be made against the debtor and the savings on the negotiable instruments
and usufructuary right holder, to be made by the debtor to pay the debt
notification should be directed to both of them.
If the receivable is endangered, each of the creditor and the usufruct owner will be better off than the other.
may ask the management to participate in taking the necessary measures.
b. Payment and operation
Item 821- One who is not authorized to pay to one of the creditor and usufruct owner
The debtor is obliged to pay the debt to both of them together or to deposit it to the place determined by the judge.
The subject of the performance and especially the principal to be repaid shall be subject to the right of usufruct.
The creditor or usufructuary is required to invest the principal in a reliable and profitable place.
may want.
c. Right to request transfer
Item 822- The owner of the usufruct, within three months following the beginning of the usufruct,
may request the transfer of receivables and valuable documents to him.
The usufructuary is transferred to the transferee in the amount of the value of the receivable and the valuable paper at the time of transfer.
is under an obligation to pay for them, and unless it is waived, there is a separate guarantee for this debt.
obliged to show
If the request for assurance has not been waived, the transfer can only be made after the assurance has been given.
means.
B. Right of residence
I. In general
Item 823- Right to reside , to use a building or a part of it as a residence
gives authority.
The right of residence is non-transferable and does not pass to heirs.
Unless there is a contrary provision in the law, the provisions regarding the right of usufruct also apply to the right of residence.
is applied.
II. Scope of the right of residence
Item 824- The scope of the right of residence is generally based on the personal needs of the right holder.
determines.
The owner of the right of residence is the owner of the building or a part of it, unless it is expressly stated that the right is personal.
He/she can sit in the section with his/her family and household.

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Anyone who has the right to live on a part of the building can use it jointly.
You can also take advantage of the designated places.
III. Expenses
Item 825- Right of residence, right to benefit from the whole building or part of it
if it gives; repair and renovation expenses necessary for the maintenance and ordinary maintenance of the building or section,
The right of residence belongs to the owner.
If the right of residence uses the building or a part of it together with the owner, maintenance and
Repair costs will be borne by the owner.
C. Right of right
I. Subject and registration in the land registry
Item 826- The owner of an immovable, a building above or below his land in favor of a third party
can establish an easement that authorizes the construction or maintenance of an existing structure.
Unless otherwise agreed, this right is transferable and passes to heirs.
If the right of superficies is independent and permanent, it is registered in the land registry upon the request of the superintendent.
can be registered as immovable. The right of construction established for at least thirty years is of a permanent nature.
II. Content and scope
Item 827- Regarding the content and scope of the right of superficies, in the official deed, especially
its location, shape, quality, dimensions, purpose of identification and
The contractual records for using the area are binding for everyone.
III. Consequences of termination
1. Ownership of building ownership
Item 828- When the right of construction expires, the buildings remain with the land owner and become an integral part of the land.
If the independent and permanent right of superficies is registered as immovable in the land registry, the right of superficies expires.
this page will be closed. Pledge rights on the right of construction registered as immovable, other
All rights, restrictions and obligations also expire with the closing of the page. regarding the cost
provisions are reserved.
2. Price
Item 829- Unless otherwise agreed, the owner of the immovable has the right of construction for the remaining structures.
does not pay any price to the owner. If an appropriate fee is agreed, its amount and method of calculation
determines. The price agreed to be paid is not yet valid for the creditors whose superficies are pledged to them.
It constitutes the guarantee of their unpaid receivables and is not paid to the right holder without their consent.
If the agreed price is not paid or secured, the superintendent or the right
The creditor, who has been pledged to him, has the right of superficies that has been abandoned, with the assurance that he will receive the compensation.
may request the registration of a mortgage of the same degree and order instead.
This mortgage is registered within three months, starting from the expiration of the superficies.
3. Other provisions
Item 830- For the structures left to the owner of the immovable, it is decided to be paid to the owner of the right of construction.
the amount of the price and the way it was calculated, and the removal of this price debt and the original state of the land.
Agreements regarding the establishment of the right of superficies are subject to the official form necessary for the establishment of the right of superficies and
annotation can be given to the log.
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IV. Transfer request before deadline
1. Terms
Item 831- The right holder heavily exceeds the limits of his/her powers arising from this right, or
acts substantially in breach of its contractual obligations; owner, right of superficies depends on him
may request the transfer of all rights and obligations to him before the deadline.
2. Exercise of the right
Item 832- The owner , transfer of the right of construction, a suitable price for the structures that will pass to him.
may require payment. The fault of the right holder as a reason for reduction in the determination of the price.
can be taken into account.
The transfer of the right of construction to the owner depends on the payment of the price or whether it is secured.
3. Other situations
Item 833- In case of violation of the obligations of the right holder, the contract
The right to terminate or request the transfer of the superficial right before the deadline, reserved in favor of the owner,
It is subject to the provisions regarding the transfer request before the deadline.
V. Assurance of the right of construction
1. The right to demand the establishment of a mortgage
Item 834- The owner guarantees the performances owed in the form of annuity in return for the right of construction.
to the land registry for a maximum three-year income from the right holder at that date.
may request the mortgage of the right of construction registered as immovable.
If the income is not determined in the form of equal acts for each year; registration of this legal mortgage
It may be requested for the amount that will decrease to three years in the distribution of
2. Registration
Item 835- As long as the mortgage continues, it can always be registered and executed.
cannot be left on sale.
Provisions regarding the establishment of building creditors' mortgage are applied by analogy.
VI. upper limit of time
Item 836- The right of construction can be established as an independent right for a maximum of one hundred years.
The right of construction shall be granted at any time, after three-quarters of its term, in accordance with the manner prescribed for its establishment.
may be extended for a new term of up to one hundred years. The prior commitment in this regard is not binding.
D. Right of resource
Item 837- The right of easement on the resource located on the land of another person , the owner of this land
obliges us to bear with the intake and discharge of water.
Unless otherwise agreed, this right can be transferred to someone else and passes on to the heir.
If the resource right is independent and has been established for at least thirty years, it cannot be registered in the land registry.
can be saved as
E. Other easements
Item 838- Shooting training in favor of any person or community on the owner's immovable or
other servitude to serve a particular use, such as being used as a sports ground or passage
can establish rights.

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These rights cannot be transferred to another person or passed on to heirs, unless otherwise agreed. It
The scope of the rights is determined by the ordinary needs of the right holder.
The provisions regarding easements in favor of the immovable are also applied to such easements.
THIRD SECTION
immovable cargo
A. Subject
Item 839- The burden of the immovable is the owner of an immovable only to be responsible for that immovable.
obliges another to give or do something.
The owner of another immovable can also be shown as the right owner.
The immovable property is reserved, without prejudice to the immovable bond and the immovable burdens related to public law.
The subject of the load is only the property that arises from or benefits from the economic nature of the loaded immovable.
may be an act that meets their economic needs.
B. Establishment and termination
I. Establishment
1. Registration and acquisition
Item 840- Registration in the land registry is necessary for the establishment of the immovable load.
In the registration, the value of the immovable load is determined in Turkish lira or foreign currency.
amount is displayed. The amount to be shown in the registry for periodic acts, unless otherwise agreed, is annual.
twenty times the deeds.
Unless there is a provision to the contrary, in the acquisition and registration of the immovable burden, the immovable property
provisions apply.
2. Immovable burden related to public law
Item 841- Unless there is a contrary provision, the immovable burden of public law is registered in the land registry.
registration is not required.
In cases where the law authorizes the creditor to request the establishment of the immovable burden only
The immovable burden arises only with registration.
3. Establishment for assurance purposes
Item 842- The immovable load established to secure a money claim
Provisions pertaining to annuity deed apply.
II. expiration
1. In general
Item 843- With the abandonment of the registration of the immovable load or the complete destruction of the loaded immovable
it ends up.
Waiver, relief from the load and other termination reasons, the owner of the loaded immovable, the right
authorizes the owner to ask for his leave.
2. Unloading
a. Creditor's authority
Item 844- If the creditor is authorized by the contract or if the following
In such cases, the owner may request that the immovable be freed from the burden:

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1. The loaded immovable shall be disposed of in such a way as to significantly endanger the rights of the creditor.
if split;
2. If the owner reduces the value of the loaded immovable and does not show any other security in its place;
3. If the owner has not fulfilled his obligations for three consecutive years.
b. Authority of the obligee

Article 845 - If the obligee is authorized by the contract or
In cases where the immovable is freed from the load:
1. If the creditor does not comply with the contract establishing the immovable burden;
2. Even if it has not been purchased or has been established for more than thirty years,
if thirty years have passed since its establishment.
After thirty years, the obligator can use his purchasing power,
subject to prior notice.
If the easement is established in a way that is not terminated in favor of the immovable, the loaded immovable is
cannot be saved.
c. unloading cost
Item 846- Without prejudice to the right to prove that its real value is lower,
relief from burden, over the amount shown in the land registry as the value of the immovable load
is performed.
3. Timeout
Item 847- The immovable load is not subject to statute of limitations.
Due actions are subject to statute of limitations starting from the date on which the debtor becomes a personal debt.
C. Terms
I. The nature of the creditor's right
Item 848- The immovable load does not provide the creditor with any personal right of claim against the obligee ;
only gives the authority to obtain the receivable from the value of the loaded immovable.
Each deed becomes a personal debt three years after it becomes due and the immovable
ceases to be a guarantee of the debt.
II. Nature of the load
Item 849- If the owner of the immovable changes, the new owner, without the need for another transaction.
becomes liable for the immovable burden.
Regarding the effect of the division of the loaded immovable on the immovable burden,
provisions apply.
SECOND PART
Immovable Pledge
FIRST SECTION
GENERAL PROVISIONS
A. Conditions
I. Types of real estate pledge
Item 850- The pledge of immovable can only be in the form of mortgages, mortgaged debt securities or annuities.
can be installed.

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II. secured credit
1. Principal money
Item 851- A pledge of immovable property can be established for a certain receivable whose amount is indicated in Turkish currency. you will receive
In the event that the amount of the immovable is not certain, the immovable is secured in a way that will meet all the demands of the creditor.
The upper limit to be received is determined by the parties.
In foreign currency or in foreign currency by credit institutions operating in the country or abroad.
Real estate pledges can be established in foreign currency in order to secure the loans given with the size of the loan. yet
the amount expressed by each degree is shown over the currency type in which the pledged receivable is determined. However, the same
A pledge cannot be established by using more than one type of currency.
In case of a vacant degree of pledge established in foreign currency, its place is replaced by the date on which it will be registered.
Pledge can be established in Turkish currency or in foreign currency. The degree of a pledge established in Turkish currency
If it is vacant, a pledge may be established in the foreign currency equivalent on the date of registration.
In the account of foreign or Turkish currency equivalents, the Turkish Republic Center on the accounting day
The foreign exchange buying rate of the bank is taken as basis. In which foreign currencies the pledge rights can be established
It is determined by the President. (one)
2. Interest
Item 852- Without prejudice to the restrictive provisions, the parties may change the interest rate as they wish.
they can decide.
III. Immovable
1. Being the subject of hostage
Item 853- The right of pledge can only be established on immovables registered in the title deed.
2. Be specific
a. If the property is single
Item 854- When establishing the pledge, the subject of the immovable must be specified.
Unless the parcels of the divided immovable are registered separately in the land registry, they cannot be the subject of pledge.
b. If the property is multiple
Item 855- Pledge of more than one immovable for the same debt,
they belong to the owners who are jointly and severally liable.
In other cases where more than one immovable is pledged for the same receivable, the amount of each immovable will be determined.
It is stated when establishing the pledge that it creates a guarantee.
Unless there is an agreement to the contrary, the title deed administration ex officio grants the security to each of the immovables in proportion to their value.
scatter.
B. Establishment and termination of the pledge
I. Establishment of the pledge
1. Registration
Item 856- The immovable pledge is established by registration in the land registry. Discrete cases stipulated in the law are reserved.

––––––––––––––––––
(1) With the 139th article of the Decree Law No. 700 dated 2/7/2018, “By the Council of Ministers” in this paragraph
The wording was changed to "by the President".

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The validity of the contract regarding the establishment of the immovable pledge,
depends on it.
2. In immovables owned by more than one person
Item 857- In shared ownership, the stakeholder can pledge his own share.
After the pledge is established on the share, the stakeholders cannot pledge the entire property.
The immovable property is not jointly owned, but as a whole and on behalf of all the owners.
can be pledged.
II. expiration of the pledge
Item 858- The immovable pledge ends with the abandonment of the registration or the complete destruction of the immovable.
The provisions of the law regarding expropriation are reserved.
III. Consolidation of real estate
1. The transfer of the pledge to another immovable
Item 859- The parcel realized by the authorized public institution or organization
As a result of the merger and distribution process, the pledges on the combined parcel
and transfers to the immovable that is given instead of that parcel.
The immovable resulting from the merger is pledged for various receivables or some
replaces multiple parcels without pledge; The pledge rights on this immovable, the immovable
and keep their order to the extent possible.
2. The debtor's release of the immovable from the pledge
Item 860- The debtor of the receivable secured by one of the combined immovables,
pledge the immovable by paying the compensation during the merger, provided that it is notified three months in advance.
can save.
3. Money paid as a price
Item 861- The money paid for a pledged immovable is among the creditors.
Accordingly, if they are in the same rank, they are divided in proportion to the amount of their receivables.
This amount is more than one-twentieth of the amount of the receivable secured by the pledge.
or without the consent of the creditor, if the new immovable does not constitute sufficient security for the claim.
cannot be paid to the debtor.
C. Provision
I. Scope of the pledge
Item 862- The pledge obliges the immovable with its integral parts and attachments.
During the establishment of the pledge, such as machinery, hotel furnishings, which are clearly shown as an add-on and
The things written in the declarations column in the land registry prove that they cannot be of this nature according to the law.
is considered an attachment.
The rights of third parties on the add-ons are reserved.
II. Rental fees
Item 863- The scope of the pledge on the rented immovable, the pledge against the debtor
Starting from the beginning of the proceedings by way of liquidation or the announcement of the debtor's bankruptcy, the pledge
Rental fees that are processed until the moment of conversion into money are also included.

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The right of pledge is valid against the tenants only if they are notified of the proceeding through forced execution or bankruptcy.
may be claimed after the announcement of the decision.
The legal action of the owner of the pledged immovable on the rents not yet due
transactions and liens placed by other creditors,
It is not valid against pledged creditors who have started proceedings by first converting the pledge into cash.
III. Time out
Item 864- After the pledge is registered in the land registry, the statute of limitations does not apply for the receivable.
IV. power to take action
1. Against depreciation
a. Protection measures
Item 865- If the owner acts that degrades the value of the pledged real estate; payee,
may ask the judge to prohibit such behavior.
The creditor may be authorized by the judge to take the necessary measures;
In cases where there is danger in delay, the creditor may take the necessary measures without such authorization.
can take it by itself.
The creditor may request the expenses incurred for the precautionary measure from the owner, and the immovable
a right of lien on, without the need for registration and preceded by other registered cargoes.
will have.
b. Assurance, reinstatement, partial payment request
Item 866- If the value of the pledged immovable has decreased, the creditor shall
may ask the debtor to provide other assurances or to restore the pledged immovable.
The creditor also provides security if there is a risk that the value of the pledged real estate will decrease.
may want.
If sufficient assurance is not given within the period determined by the judge, the creditor
may request the payment of the portion of the receivable that will cover the deficiency.
2. Decrease in value without defect
Item 867- If the decrease in value occurred without the fault of the owner, the creditor
the owner to give assurances from the debtor in a way not to exceed the amount of compensation received by the owner for the damage, or
may request a partial payment.
However, the creditor takes the necessary measures to prevent or remedy the impairment.
can take it automatically. The creditor, on the pledged immovable due to the expenses incurred for this purpose,
has a right of pledge without the need for registration and preceded by other registered cargoes.
The owner is not personally responsible for these costs.
3. Partial transfer of the pledged real estate
Item 868- The owner is less than one-twentieth of the receivable secured by the pledged real estate.
transfers a part of it that has value to another; the creditor shall receive a payment in proportion to this piece.
the transferred part, if the remaining part of the property provides sufficient security.
cannot avoid removing the pledge on it.

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V. Real rights established after the pledge
Item 869- The owner undertakes not to establish new limited real rights on the pledged real estate.
it is not valid.
The right of pledge with an older date can be obtained on the same immovable later without the consent of the creditor.
precedes established easements or immovable loads. Established later and pledged to money
servitudes and immovable loads that damage the earlier pledged creditors during the conversion
is abandoned.
Easement rights or immovable burdens abandoned upon the request of the previous pledgee
in the conversion of the pledged immovable into cash, against those whose rights were subsequently registered,
They have priority in getting the amount that meets the value of their rights from the price.
VI. pledge degree
1. The provisions of the pledge degree
Item 870- The assurance provided by the pledge is limited to the degree of pledge specified in the registration.
Specifying the amount of the immovable pledge, which will come before it in the registration,
provided that it can be established at the second or later level.
2. Relationship between pledge degrees
Item 871- One of the pledge rights established in different orders on the same real estate
The fact that it has been abandoned does not give the right to the vacant degree to the pledged creditor, who is in the next rank.
A new right of pledge may be established in place of the abandoned right of pledge.
Contracts that give the next rank pledgee creditors the right to move to the vacant degree
their validity, their official execution; to provide an in-kind effect, to be annotated to the land registry
it depends.
3. Empty degrees
Item 872- There is a pledge that precedes a pledge right established in the following ranks
or if the debtor has not disposed of a previous pledge or
If the pledged debt is less than the amount specified in the registration for that degree; sale of real estate
The amount is distributed to the next creditors according to their order, without taking into account the vacant degree.
VII. Converting the pledge into cash
1. How to cash out
Item 873- If the debt is not paid, the creditor shall not obtain his receivable from the sale price of the pledged real estate.
has the right.
In case the debt is not paid, the ownership of the pledged immovable will pass to the creditor.
contract provision is invalid.
In case more than one immovable is pledged for the same receivable, converting the pledge into cash
The request is made about all of the immovables. However, the enforcement office can only take care of them when necessary.
converts it into money.
2. Distribution of the sales price
Item 874- The sale price of the pledged immovable is distributed among the creditors according to their order.
Among the creditors who are in the same rank, the sales price falling in that rank is distributed in proportion to their receivables.

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3. Scope of assurance
Item 875- The assurance provided by the immovable pledge to the creditor includes the following:
1. The principal,
2. Follow-up expenses and late interest,
3. Three quarters due until the date the bankruptcy is filed or the liquidation of the pledge is requested.
interest accruing from the last maturity with annual interest.
The previously determined interest rate cannot be increased to the detriment of subsequent creditors.
4. Insurance of mandatory expenses
Item 876- If the creditor has made compulsory expenses for the protection of the pledged real estate, and especially
If the owner has paid the insurance premiums owed, the receivables arising from this without the need for registration
enjoys the same guarantee as the pledged claim.
VIII. Right of pledge in case of improvement of the land
1. Priority
Item 877- The value of the land improved with the contribution of a public institution or organization
If an increase occurs, the owner is obliged to pay his share of the improvement expenses.
The lender may establish a right of pledge by registration in favor of the creditor. Established pledge on real estate
precedes all other loads.
If the improvement is made without the contribution of a public institution or organization, the owner's immovable
may set a pledge for at most two-thirds of the costs.
2. Payment of debt and termination of pledge
Item 878- If the improvement is made without the contribution of a public institution or organization,
The pledged receivable must be paid in equal installments within a maximum of five years.
The right of pledge expires five years after the receivable or annual installments become due, and
The next creditors proceed in order.
IX. Right to insurance compensation
Item 879- Due insurance indemnity can be paid to the owner only with the consent of all pledged creditors.
payable.
If the insurance indemnity is to be spent to restore the immovable, sufficient
It is paid to him on condition that a guarantee is shown.
X. Representation of the creditor
Item 880- In cases where urgent decision is required, the request of the debtor or another relevant person
acting personally, but whose name or whereabouts are unknown, as required by law.
A trustee is appointed to the creditor by the magistrate of the place where the pledged immovable is located.
SECOND SECTION
MORTGAGE
A. Purpose and quality
Item 881- Although it is still present or has not yet been born, its birth is certain or
Any possible receivable can be secured with a mortgage.
The immovable that will be the subject of the mortgage does not have to be in the possession of the debtor.

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B. Establishment and termination
I. Establishment
Item 882- Receivables whose amount is not certain or may change are also placed at a certain level of pledge.
and maintains its order regardless of the changes that will occur in the amount of receivable after registration.
The land registry officer gives the creditor a document showing the mortgage upon request. Just register
This document, which proves that it has been done, does not have the quality of valuable paper.
If the registration is written and approved on the contract, it replaces the mortgage document.
II. expiration
1. The right to demand the cancellation of the mortgage
Item 883- When the receivable expires, the owner of the mortgaged immovable can leave the mortgage from the creditor.
may request it.
(Additional clause: 4/7/2019-7181/19 art.) If the mortgage is established for a term, from the expiry of the term
Within thirty days, the Execution and Bankruptcy Law dated 9/6/1932 and numbered 2004 on the mortgaged immovable
In case the annotation specified in article 150/c is not put, the mortgage is issued by the land registry directorate at the request of the owner.
is abandoned.
2. Right of owner not liable for debt
Item 884- The owner of the pledged immovable who is not personally responsible for the debt, the conditions of the debtor
may request the removal of the mortgage on the immovable by paying the debt within.
The receivable passes to the owner who pays the debt.
3. Mortgage recovery
a. Terms and procedure
Item 885- The person who acquires an immovable that has been mortgaged for a debt exceeding its value,
if he is not personally liable for the debt, by paying the purchase price before the enforcement proceeding begins.
can save the property from mortgage. The person who acquires the immovable free of charge also pays the price he will appreciate.
can exercise this right by paying
The right to recover from mortgage can be exercised with six months' written notice to the creditors.
The mortgage recovery fee is distributed among the creditors according to their rank.
b. Auction
Item 886- Against the notice of recovery from the mortgage, the creditors, starting from the notification of the notice,
the sale of the mortgaged immovable by auction, by paying the expenses in cash within the month.
they may want.
The sale is made by the enforcement office in accordance with the provisions of the Enforcement and Bankruptcy Law.
From the selling price of the amount obtained at the auction or at the discretion of the owner
If it is more than the price, this amount is considered as the mortgage recovery fee. More than the auction price
the auction expenses belong to the owner, otherwise, to the creditor who wants the auction.
4. Payment prompt
Item 887- If the owner of the mortgaged immovable is not personally responsible for the debt, the creditor's payment
The effectiveness of the request against him depends on the fact that this request is made both against the debtor and himself.
C. Provision
I. Ownership and indebtedness
1. Transfer of the immovable
Item 888- The transfer of the mortgaged immovable, unless otherwise agreed,
It does not create a change in liability and assurance.

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If the new owner is owed a debt, the creditor declares that he reserves the right to apply to himself.
If he does not notify the previous debtor in writing within the year, the debtor is relieved of his debt.
2. Division of the real estate
Item 889- A part of the mortgaged immovable or the mortgaged property belonging to the same owner
In the event that one of the immovables is transferred to another person or the mortgaged immovable is divided, on the contrary, a
If there is no agreement, the pledge is distributed to the immovables ex officio in proportion to their value.
The creditor who does not accept this distribution, starting from the notification of the finalization of the distribution,
from the debtor to pay the receivable within one year by giving a written notice within one month.
may want.
If the new owners bear the debt on the immovable belonging to them, the creditor shall
If the debtor does not notify the previous debtor in writing within one year that he reserves the right to apply, the debtor
gets out of debt.
3. Notification of taking on debt
Item 890- If the new owner of the immovable is in debt, the title deed administration notifies the creditor.
The one-year declaration period regarding the reserving of the right granted to the creditor is determined by the land registry administration.
It starts to run from the date of notification of the notification.
II. Transfer of receivable
Item 891- The validity of the transfer of a receivable secured by a mortgage, the deed of the transfer
is not subject to registration.
D. Legal mortgage
I. Non-registered legal mortgage
Item 892- The birth of legal mortgage rights, unless otherwise stipulated in the law,
not dependent on their registration.
II. Legal mortgages subject to registration
1. Circumstances
Item 893- The following creditors may request the registration of the legal mortgage right:
1. The seller on the immovable sold for his receivables arising from the sale,
2. Heirs together for the receivables arising from the sharing in the immovables entered into the partnership partnership.
those or other cooperation partners,
3. Labor in the construction or other works done on an immovable, with or without giving material
subcontractor who is credited from the owner or contractor in return for materials and labor for their expenditures
or craftsmen.
It is not valid for the creditors to waive this legal mortgage right in advance.
2. In terms of sellers, heirs and other cooperation partners
Item 894- Legal mortgage rights of sellers, heirs and other cooperation partners,
The property must be registered in the land registry within three months following the transfer.
3. In terms of craftsmen and contractors
a. Registration
Article 895- Legal mortgage rights of craftsmen and contractors, work or material
It can be registered in the land registry starting from the moment they are committed to give.
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The registration must be made within three months of the completion of the work undertaken.
The receivable for registration has been accepted by the owner or decided by the court.
must be connected.
If the owner shows sufficient assurance, registration cannot be requested.
b. Desk
Item 896- Even if their rights were registered on different dates, craftsmen and contractors,
they are considered in the same order among themselves in terms of benefiting from the legal mortgage.
c. Priority
Item 897- The sale price does not cover all of the receivables of the craftsmen and contractors.
otherwise, the remaining portion is the sales falling to the share of the previous creditors who obtained the mortgage right.
After deducting the land value from the value of the land, it is covered with the money left over. However, this property
make it known to creditors that the loads will be to the detriment of craftsmen and contractors.
it depends.
If the creditors in the previous row transfer their pledges,
craftsmen and contractors are obliged to compensate for the amount of debt they did not obtain.
Title deed upon notification of the commencement of work, the beneficiary, craftsmen or one of the contractors
After it is written in the declarations column of the registry, it is not immovable until the end of the registration period.
No other type of pledge other than mortgage can be registered on it.
THIRD SECTION
MORTGAGE DEBT AND
DEPOSIT
A. Mortgaged debt securities
I. Purpose and quality
Item 898- Mortgage debt is a personal receivable secured by an immovable pledge.
creates.
II. appraisal
Item 899- For the establishment of a pledge through mortgaged debt securities, the land registry administration
officially appraised.
For the amount exceeding the appraised value, a pledge cannot be established through mortgaged debt securities.
III. Due notice
Item 900- Unless otherwise agreed, the receivable in the mortgaged debt note,
by the creditor or debtor to the other party on the due date, at least six months before that date.
becomes due with the notification to be made.
IV. Owner's status
Item 901- Pledged real estate that is not personally responsible for the debt in the mortgaged debt
The mortgage-related provisions apply to the owner.
The owner of the immovable may claim all defenses against the creditor of the debtor.

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V. Transfer and division
Item 902- Transfer or division of the immovable which is the guarantee of the mortgaged debt
Mortgage provisions apply to the results.
B. Promissory Note
I. Purpose and quality
Item 903- Annuity deed is a receivable established in the form of an immovable burden on an immovable.
creates the right.
The guarantee of the deed of income can only be guaranteed by agricultural land, residences and lands on which buildings can be built.
can create.
Annuity bond does not create personal debt and does not show the reason for the debt.
II. Limit of liability
Item 904- The amount of receivables in the income certificates, the income value of the land in the agricultural land, other
In real estates, the income value of the real estate and the average of the building and land values ​cannot exceed three-fifths.
Evaluations are made officially by the land registry administration.
III. State responsibility
Item 905- The State is responsible for not showing due diligence in valuation .
The state may recourse to civil servants who are at fault.
IV. unloading
Item 906- The owner of the immovable, which is loaded with a deed of income, can make a longer notification with the contract.
notify one year in advance for the end of each six-year period and pay
may request that the immovable be freed from the burden, provided that the payment is made.
Except for the cases stipulated in the law, the creditor shall be entitled to one year in advance for the end of each ten-year period.
may request the payment of the debt by notifying
V. Debt and property
Item 907- The debtor of the deed of income is the owner of the loaded immovable.
The person who acquires the loaded immovable becomes the debtor of the income certificate and the former owner does not need another transaction.
be freed from debt.
Interest debts, starting from the date when the real estate ceases to be secured by the owner's personal
has debt.
VI. Division
Item 908- In case of dividing the immovable loaded with annuity deed , the owners of the parcels
become the debtor of the bond.
Regarding the division of the mortgage-laden immovable in the distribution of the bond debt to the parcels,
provisions apply.
The creditor shall be obliged to do so within one month, starting from the finalization of the distribution of the debt to the parcels.
may request the purchase of annuity certificate within one year with a notification.
C. Common provisions
I. Establishment
1. The nature of the claim
Item 909- Mortgage bonds and bonds cannot contain conditions and counter-performance.
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2. Relationship of the bill with the underlying debt
Item 910- Debt on the basis of the issuance of the mortgaged debt note or annuity note
The relationship is terminated by renewal.
Contrary to this, the contract made only affects the parties and third parties who are not in good faith.
3. Registration and pledge
a. The requirement to issue the pledge
Item 911- A pledge other than the registration to be made in the land registry for the mortgaged debt note or the bond
stock is also issued.
Even if the deed is issued later, it will have its legal consequences starting from the date of registration.
b. Issuing a pledge
Item 912- Mortgage bills and bonds are issued by the land registry officer.
There are signatures of the land registry officer and the authorized Treasury representative on the bills.
These promissory notes can only be given to the creditor or his representative with the written consent of the debtor and the owner of the loaded immovable.
can be given on
c. Form of pledge (1)
Article 913- Mortgage bonds and forms of annuities are determined by the regulation issued by the President.
determines.
4. Determination of the creditor
a. During editing
Item 914- Mortgage bills and bonds of income can be issued in registered or pregnant writing.
These promissory notes can also be issued in the name of the owner of the loaded immovable.
b. joint representative
Item 915- When issuing a mortgaged debt or bond, making the necessary payments and paying
to collect the money, to receive the notifications to be made, to consent to the security reductions and in general, the creditor's,
A representative may be appointed by them to protect the rights of the debtor and the owner with full care and impartiality.
The name of the representative is written in the land registry and the pledge.
If the authority of the representative expires and the concerned parties cannot come to an agreement, the magistrate takes the necessary measures.
5. Place of payment
Item 916- Unless otherwise understood from the pledge, the debtor shall pay all his payments, even if the promissory note is written pregnant.
must do so at the creditor's place of residence.
The domicile of the creditor is unknown or the creditor has changed his domicile to the detriment of the debtor.
Otherwise, the debtor will pay the debt to be determined by the judge in his/her own residence or in the former residence of the creditor.
He can get rid of his debt by depositing it on the ground.
If the bill has interest coupons, the interest payment is made to the person presenting the coupons.
6. Payment after transfer of receivable
Item 917- In the case of the transfer of the receivable, the debtor, unless notified to him, is the interest and
annual acts can be paid to the old creditor, even if the promissory note is written pregnant.

––––––––––––––––––
(1) With the 139th article of the Decree Law No. 700 dated 2/7/2018, the phrase “by statute” in this article
It has been changed to “by the regulation issued by the President”.

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Full or partial payment of the principal but its creditor at the time of payment
It is valid if it is done to someone who proves that he is
II. expiration
1. Absence of a creditor
Item 918- If the creditor is absent or waives his right of pledge, the debtor
It is free to cancel the registration or not.
The debtor may re-issue the stock that has passed into his possession.
2. Abandonment
Item 919- The registration of the mortgaged debt or bond can only be registered by the parties or the parties.
It can be abandoned upon the court's annulment of the pledge.
III. Creditor's rights
1. Protection of goodwill
a. In terms of registration
Item 920- The receivable arising from the mortgaged debt note or annuity certificate is registered in the land registry.
it is valid according to the registration in the log for everyone who relies in good faith.
b. In terms of promissory notes
Item 921- Mortgaged debt or bonds issued in accordance with the procedure ,
It is valid for anyone who relies in good faith, according to what is written in it.
c. Relationship between deed and registration
Item 922- What is written in the text of the mortgage debt note or annuity note is in the land registry.
If it does not comply with the registration or there is no registration in the land registry, the registry is taken as the basis.
However, the person who acquires the deed in good faith, in accordance with the provisions of the land registry.
may seek compensation.
2. Claim of right
Item 923- The receivable in the registered or pregnant written mortgaged debt or bond
It can be transferred or pledged together with the possession on the promissory note, or it can be subject to another disposition.
In case the bills have not been issued yet or are canceled by the court
reserves the right to claim the claim.
3. Transfer of receivable
Item 924- The transfer of the receivable in the mortgaged debt note or the pledge deed
subject to delivery.
In case the pledge is registered, the name of the transferee and the transfer transaction are written on the promissory note.
IV. Cancel
1. Loss of the deed
Item 925- The pledge has been disposed of out of will or without the intention of ending the debt.
If it is destroyed, the creditor cancels the pledge and the coupon with a court decision and leaves the debtor.
pay the debt and, if the receivable is not yet due, a new pledge or coupon
may want to be edited.

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The cancellation decision is made in accordance with the provisions regarding the cancellation of the pregnant written valuable paper; but,
The submission period is one year.
In accordance with the same provisions for the debtor's bill, which has not been returned although it has been paid.
may request the cancellation of the bond.
2. Announcement by advertisement
Item 926- For ten years, who is the creditor of the mortgaged debt or bond
the owner of the pledged immovable, if it is unknown and interest payment is not requested within this period,
In order for the creditor to appear, he may ask the judge to make an announcement in accordance with the provisions regarding absenteeism.
The creditor does not appear and as a result of the research, it is most likely that the debt is now available.
If it is understood that it is not, the judge decides to cancel the deed; With this decision, the pledge level is discharged.
V. Borrower's defenses
Item 927- The debtor only pays the debts arising from the registration or the deed and the claimant
He may assert his personal defenses against the creditor.

VI. Return of the paid bill
Article 928 - The debtor, who has paid the entire debt, returns the bill from the creditor as uncancelled.
may request it.
VII. Change in legal relationship
Item 929- Partial payment of debtor debt or relief of debt burden or
Registering changes in the legal relationship, such as the reduction of security, to the land registry
has the right.
The land registry officer also writes such changes on the promissory note.
In case the changes that have occurred are not registered, the annual performances written in the promissory note
Changes other than having been paid cannot be claimed against anyone who wins the bill in good faith.
FOURTH SECTION
ASSURANCE WITH REAL ESTATE LIABILITY
UNDERTAKEN
LENDING BENEFITS
A. Pledged bonds
Item 930- Registered or pregnant written bonds are secured by real estate pledge in the following cases
can be taken under:
1. Establishing a pledge for the entire loan through mortgage or mortgaged debt securities and creditors
appointment of a joint representative for the debtor with
2. Real estate pledge for the entire loan for the benefit of the institution that undertakes to issue bonds
establishment and pledge of this pledged receivable for the benefit of the bond creditors.
B. Issuing a serial pledge
I. In general
Item 931- Regarding the mortgaged debt securities and income bonds issued in series, the following
without prejudice to the provisions, the general provisions regarding the mortgaged debt securities and annuities
is applied.

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II. Arrangement
Item 932- The promissory notes issued in series, each with a value of one hundred million lira or one hundred million
Arranged in multiples of lira.
All bills in a series must be of the same shape and have consecutive numbers.
In case the promissory notes were not issued by the owner of the pledged real estate, the intermediary institution,
It is stated in the promissory notes that the creditors and the debtor are representatives.
III. Partial payment of the debt
Item 933- The debtor is obliged to pay a part of the principal along with the interest at certain times.
can undertake.
The money to be paid in installments each year must cover a certain part of the bills.
IV. Registration
Item 934- Bills are registered in the land registry by showing their numbers; you borrow
A registration is made for the whole.
If the number of bills is small, each bill can be registered separately.
V. Provision
1. The brokerage house issuing the bill
Item 935- Even if the brokerage house issuing the bill is the representative of the creditors and the debtor,
within the scope of the debt and unless he has been given a separate authorization at the time of issuance of the bills.
cannot change the conditions.
2.Repayment of promissory notes
a. payment plan
Item 936- The repayment of the bills depends on the authority made during the issuance or given at that time.
based on the plan to be drawn up by the intermediary institution. The corresponding deed
The deed becomes invalid once it is paid to the creditor.
Unless otherwise agreed, the cancellation of the registration, but the debtor's obligations specified in the registration.
fully fulfilled and the bills have been returned with all their coupons or
If there are coupons that have not been given, the amount to meet them is to be delivered to the place determined by the judge.
it depends.
b. Check
Item 937- The owner of the pledged real estate or the intermediary institution, to draw lots according to the payment plan,
obliged to cancel the paid bills.
These transactions in annuity bills are supervised by the State.
c. Specialization of refunds
Item 938- The money obtained instead of the pledged immovables will be determined in the first drawing of lots.
used to pay bills.

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THIRD PART
movable pledge
FIRST SECTION
DELIVERY LIABILITY AND RIGHT TO PRISON
A. Pledge of delivery
I. Establishment
1. Possession of the creditor
Article 939 - Except for the separate cases stipulated in the law, they are carried, but the possession is transferred to the creditor
may be pledged by transfer.
Even if the pledgee does not have the authority to dispose of the movable, which is the subject of the pledge, in good faith
a person gains the right of pledge to the extent that his acquisition is protected according to the provisions of possession. third parties
Rights arising from previous possession are reserved.
As long as the movable remains under the domination of the pledgee, the right of pledge does not arise.
2. Discrete states (1)
Article 940- Organizations and cooperatives allowed by the competent authorities
In order to secure the receivables, the private property to be kept in the enforcement office without transferring the possession.
A pledge can be established on animals by being registered in the register. The registry to be kept for this purpose
It is determined by the regulation issued by the President.
In order to secure the receivables of real or legal persons, a legal
On the movable property, which is compulsory to be registered in the registry, the registered property of the movable property without transferring the possession.
A pledge can be established by writing to the registry where it is located. Other matters regarding the establishment of the pledge
It is determined by the regulation issued by the President.
3. Art pledge
Item 941- The owner of the pledged movable can set up an additional pledge on it. For this,
When the pledged movable is paid, the delivery of the pledged movable to the next creditor shall be made in writing to the pledged creditor.
must be reported as
4. Lower pledge
Item 942- The creditor can only pledge the pledged movable to another with the consent of the pledgee.
II. expiration of the pledge
1. Loss of possession
Item 943- The pledge of the movable means that the creditor ceases to be a possession and that the third
It ends when the person becomes incapable of taking it back.
As long as the movable is under the dominance of the pledgee only with the consent of the creditor.
provisions of the pledge remain suspended.
2. Obligation to return
Item 944 - When the right of pledge expires by payment of the receivable or for any other reason
The creditor is obliged to return the pledged movable to the rightful owner.
To return the pledged movable or a part of it unless the creditor has received all of its receivables.
it doesn't have to.
––––––––––––––––––
(1) With the 139th article of the Decree Law dated 2/7/2018 and numbered 700, the first and second paragraphs of this article
The terms “by statute” have been changed to “by regulation issued by the President”.

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3. Liability of the creditor
Item 945- Loss, destruction or decrease in value of the creditor, pledged movable
unless he proves that they were born without his own fault,
is responsible.
The creditor who automatically transfers or pledges the pledged movable to another person,
be liable for damages.
III. Terms of the pledge
1. Creditor's right
Item 946- The creditor shall pay the unpaid receivable by converting the pledge into cash.
may want.
The right of pledge is paid to the creditor, together with the original claim, the contract interests, follow-up expenses and
It provides security for the late payment interest.
2. Scope of pledge
Item 947- The pledge covers the movable with its attachments.
Unless otherwise agreed, the creditor, the natural products of the pledged movable, its integral part
when it ceases to exist, the owner is obliged to give it.
Pledge also includes natural products that are integral parts during redemption.
3. The order of the pledge
Item 948- If there is more than one right of pledge on the same movable, the creditors
Payment is made according to the order of the pledge rights.
The order of the right of pledge is determined by the date of establishment.
4. Failure to pass property
Item 949- In case the debt is not paid, the ownership of the pledged movable is transferred to the creditor.
The stipulation of the contract is invalid.
B. Right to imprisonment
I. Conditions
Item 950- The creditor is the movable or valuable property belonging to the debtor and possessed with his consent.
In case the debt is due and the goods have a connection with the receivable due to their nature,
may be imprisoned until the debt is paid.
If the possession and receivable arise from a commercial relationship, this connection is deemed to exist between the merchants.
Obtaining possession in good faith on movables that do not belong to the creditor or the debtor.
has the right to imprisonment to the extent that it is protected.
II. discrete states
Item 951- Imprisonment on movables that are not suitable for realization due to their qualities
right cannot be exercised.
Obligations assumed by the creditor or given by the debtor at the time of delivery or previously.
The right of imprisonment cannot be exercised in cases that are incompatible with the instruction or public order.
III. incapable of paying debt
Item 952- If the creditor is insolvent without paying, if the debt is not due
He may even exercise his right of imprisonment.
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Insolvency occurred after the delivery of the movable or occurred before
However, if the creditor has learned this situation after delivery; that thing in a certain direction
an obligation undertaken by the creditor or the delivery of the debtor
Even if it does not comply with the instructions given during or before, the creditor may use the right of imprisonment.
IV. Terms
Item 953- If the debt is not fulfilled and sufficient security is not provided, the creditor
by giving prior notice, to cash in accordance with the provisions of the pledge of the things he has imprisoned.
may ask for it to be translated.
Enforcement office for the conversion of the registered valuable papers that have the right to imprisonment on them,
performs necessary actions on behalf of the debtor.
SECOND SECTION
LIABILITY ON CREDITS AND OTHER RIGHTS
A. In general
Item 954- Transferable receivables and other rights can be pledged.
Unless there is a provision to the contrary, the provisions of the pledge regarding the pledge of these
is applied.
B. Establishment
Receivables that are due or not in the I. Year
Item 955- The pledge agreement for the pledge of the receivables that are bound or not in the deed.
must be made in writing and the deed must be delivered in case of receivables related to the deed.
The creditor or the pledgee may notify the debtor of the pledge.
In the pledge of other rights, together with the written pledge agreement, the stipulated for the transfer of these rights
form must be followed.
II. in valuable documents
Item 956- The delivery of the bills to the pledgee is sufficient for the pledge of pregnant written bills.
For the pledge of other negotiable instruments, the deed has been endorsed or a written transfer statement has been made.
must be delivered.
III. In promissory notes representing commodities
Item 957- Right of pledge on the commodity by pawning the valuable papers representing the commodity
birth.
If a special pledge (warrant) is issued other than the bill representing the commodity, the pledged receivable
provided that the amount and the due date are written on the promissory note.
It is enough to be pledged.
IV. Art pledge
Item 958- Establishment of a subsequent pledge on a pledged receivable, but only if the pledgee
or the subsequent pledgee notify the situation in writing to the preceding pledgee
valid in case of.

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C. Terms
I. Scope of the pledge
Item 959- Pledge of receivables that generate periodic income such as interest or dividends
unless otherwise agreed, only those whose maturity has not yet come will be pledged.
and pledge does not cover overdue performances.
If special bills have been issued for such ancillary acts, unless otherwise agreed, their
to be in the scope of pledge depends on their being pledged in accordance with the form conditions.
II. Representation of pledged shares
Item 960- The authority to represent the pledged shares at the general assembly of the partnership, pledge
It belongs to the shareholder, not the creditor.
III. Administration and payment
Item 961- A careful management, notification of the maturity of the pledged receivable and collection
If the creditor makes it necessary to do so, the creditor may perform these transactions; The pledgee's creditor is also responsible for these transactions.
may force it.
The debtor, who has been notified of the pledge, transfers his debt to the original creditor or the pledgee's creditor.
can only pay with the consent of the other.
In the absence of this consent, the debtor is obliged to deliver his debt.
THIRD SECTION
Lending in return for pledge
BUSINESS
A. Lenders
I. Obtaining a business permit
Item 962- Those who want to deal with lending in return for movable pledge as a business,
They must obtain permission from the competent authority.
II. Time
Item 963- Private businesses can only be allowed for a certain period of time. At the expiration of this permit
renewable.
In case of non-compliance with the necessary rules, the permission granted can be withdrawn at any time.
B. Loan against movable pledge
I. Establishment
Item 964- Delivery of the pledged movable to the enterprise and a receipt in return
pledge is established.
II. Terms
1. Redemption of the pledge
Item 965- If the debt is not paid in due time, the lender will notify the debtor beforehand through a notary public.
After warning him to pay his debt, he can have the pledge converted into money by enforcement.
The borrower is not personally liable to the lender.

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2. Right to residual money
Item 966- In case the sale price is more than the pledged receivable, the remaining money
paid to the owner.
If the business has more than one receivable from the same debtor, they are included in the calculation of the remaining money.
taken into account as a whole.
The right to claim the remaining amount is valid for five years from the realization of the pledged movable.
expires.
III. expiration of the pledge
1. The right to ask for release
Item 967- Pledged movable, by returning the pledge receipt until it is sold
can be rescued from hostage.
If the pledge receipt is not returned, proving that you are entitled after the receivable is due.
The person who does it can free the movable from the pledge.
The lender expressly reserves the right to return the pledged movable against the delivery of the receipt.
even if it is kept; proving his right after six months have passed since the receivable is due
anyone can free the movable from hostage.
2. Lender's rights
Item 968- The lender shall pay the entire interest of the month in which the movable is released from the pledge.
may want.
If the lender expressly reserves the right to return the movable to whoever brings the receipt,
unless he knows and needs to know that the holder of the receipt has taken possession of it unjustly.
can use its authority.
C. Selling with repurchase rights
Item 969- For those who take the right of repurchase to buy as a profession, movable pledge
In return, the provisions regarding the lenders are applied.
FOURTH SECTION
PENDED BONDS
A. Qualification
Item 970- As a business, to deal with the lending business in return for the immovable pledge.
immovable property, even if there is no special pledge agreement and no delivery obligation,
by showing the receivables secured by the pledge and the receivables arising from the current affairs in return.
they can issue pledged bonds.
B. Shape
Item 971- The creditors are obliged to pay the pledged bonds before the stipulated time.
they can't.
Bonds are issued as pregnant or registered and there are coupons written pregnant.
C. Arrangement
Item 972- Bond issuers and conditions for issuing bonds and giving permission to issue bonds
The competent authority is determined by special law.

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PART THREE
Possession and Land Registry
FIRST PART
OWNERSHIP
A. The concept of possession and its types
Concept I
Item 973- Anyone who has de facto dominance over something is its possession.
The actual exercise of the right in the easement rights on the immovable and in the immovable loads
is considered possession.
II. Types
1. Primary and secondary possession
Item 974- Possession means the establishment of a limited real right or a personal right or
If he gives the thing to someone else in order to have it used, both of them become possession.
In one thing, it is the primary possession, which is the owner, and the other is the secondary possession.
2. Indirect and direct possession
Item 975- A person who directly maintains his actual dominance in something is a direct possession ,
A person who maintains it through another person is an indirect possession.
III. temporary interruption
Item 976- Non- use or use of de facto dominance for temporary reasons
The disappearance of the possibility does not end the possession.
B. Transfer of possession
I. Among the ready
Item 977- Possession is the possession of the thing or the means to dominate the thing, to the acquirer.
delivery or the acquirer's being in a position to exercise dominion over the thing with the consent of the previous possessor.
shall be transferred.
II. Among the unprepared
Item 978- The delivery to the representative passes the possession as if it was done to the represented.
III. Non-delivery transfer
Item 979- Possession based on a special legal relationship, transferring a third party or possession
If it continues to be in possession, the possession will be acquired without surrender.
The transfer of possession in this way is against the third person who continues to be the owner, but only if the situation
It becomes effective from the moment it is notified to it by the transferor.
The third person refuses to give the thing to the acquirer for reasons that he may argue against the transferor of possession.
can avoid.
IV. Delivery of bills representing commodities
Item 980- Valuable representing the commodity left to a carrier or a public store
The delivery of the document results in the same as the delivery of the commodity.
Between the person who receives the valuable documents in good faith and the person who receives the goods in good faith
If there is a conflict, the recipient of the commodity is preferred.

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C. Provisions of possession
I. Protection
1. Right of defense
Item 981- Possession can ward off all kinds of usurpation or attack by using force.
Zilyet, by expelling the person who confiscates the thing taken from him without his consent, in movables.
During the action or while escaping, it can protect its possession by taking it from the captured. However, possession
He must refrain from using force to the extent that the situation does not justify it.
2. Right of action in the usurpation of possession
Item 982- A person who usurps something that someone else has, has a superior possession over that thing.
Even if he claims to have the right, he is obliged to give it back.
The defendant must immediately prove that he has a superior right to take that thing back from the plaintiff.
If he does, he can avoid returning it.
The lawsuit is for the return of the thing and the compensation of the damage.
3. Right to sue for assault on possession
Item 983- Even if the attacker claims a right on the thing; possession is attacked
The victim can file a lawsuit against him.
The action is aimed at ending the attack, preventing its cause and reparation of the damage.
4. Loss of the right to sue
Item 984- The right to sue due to extortion and attack, since the possessor learns the act and the perpetrator.
It comes down to two months starting from the beginning of the act, and in any case a year after the act.
II. Protection of the right due to possession
1. Presumption of ownership
Item 985- The possessor of the movable is considered its owner.
Previous possessions are also considered the owners of that movable during their possession.
2. Presumption of secondary possession
Item 986- A person who is a possession without the will to own a movable,
may be based on the presumption of ownership of the person from whom he took it in good faith.
The claim of the person who has possession of the movable with a limited real right or personal right claim.
existence of the right is accepted as presumption. However, the possessor gives this presumption to the person who has given the thing to him.
cannot argue against it.
3. Defense against litigation
Item 987- The possessor of a movable has the superior right in every lawsuit filed against him.
can stand the presumption.
Provisions regarding extortion or attack are reserved.
4. Disposition authority and movable case
a. In terms of acquiring from possession as surety
Item 988- Ownership or possession of a movable in good faith from the possession of that thing as surety.
the acquisition of the person who acquires limited real rights, even if the possessor is not authorized to make such dispositions.
is preserved.

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b. In terms of lost or stolen goods
Item 989- Movables stolen, lost or in any other way out of their will
The possessor may file a lawsuit against anyone in possession of the thing within five years.
These movables are acquired in good faith from auction or market or from those selling similar goods.
if; movable lawsuit against the first and subsequent acquirers in good faith, but the refund of the paid price
conditionally open.
In other matters, the provisions regarding the rights of the bona fide possessor are applied.
c. In money and pregnant written promissory notes
Item 990- Even if the possession is out of his hands, money and pregnant written documents
cannot file a lawsuit against a person who has acquired it in good faith.
D. In case of not being in good faith
Item 991- The previous possession against a person who has not acquired the possession of a movable in good faith,
You can always file a lawsuit.
If the previous possession did not acquire the possession in good faith, the lawsuit is movable against the next possession.
cannot open.
5. Presumption in real estate
Item 992- Filing a lawsuit arising from the presumption of right and possession in the immovables registered in the title deed
Only the person whose name is registered can benefit from the right.
However, the person who has de facto dominance over the immovable, due to usurpation or attack
can sue.
III. Responsibility
1. In terms of bona fide possession
a. Utilization
Item 993- What he possessed in good faith, in accordance with his current right with the presumption.
The possession, who uses or benefits from it, is therefore against the person to whom he is obliged to give that thing back.
does not have to pay any compensation.
The bona fide possessor is responsible for the loss, destruction or damage of the thing.
No way.
b. Compensation
Item 994- The benevolent possession is the obligatory and obligatory possession of the person who wants to give it back.
may ask him to reimburse the useful expenses and refuse to return the thing until such compensation is paid.
can avoid.
A bona fide possessor cannot claim compensation for other expenses. However, before the thing is returned
if he is not offered compensation for those expenses, which is combined by him with that thing and
he can take apart any attachments that could be harmlessly removed before he gives that thing back.
The products obtained by the possessor are deducted from his receivables arising from his expenses.
2. In terms of non-benevolent possession
Item 995- Possession , which is not in good faith, has unfairly withheld what it is obliged to give back.
damages caused to the right holder and the products obtained or neglected to obtain
must pay compensation for it.
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Possession that is not in good faith can only be compensated for the expenses incurred by the right holder.
may request it.
A possessor who is not benevolent can only give the thing with his fault, unless he knows to whom to give it back.
be liable for damages.
IV. Take advantage of the earning statute of limitations
Item 996- Possession, which has the right to benefit from the gainful statute of limitations,
If the transferor had the same authority, he may add his possession period to his own duration.
SECOND PART
LAND REGISTRY
A. Establishment
I. In terms of Registry
1. In general
Item 997- Land registry is kept to show the rights on the immovables.
Land registry, land registry and condominium registry, and the supplementary journal book and
consists of documents and plans.
The copy of the registry, how it will be kept, and the auxiliary registries are regulated by the regulation issued by the President.
determines. (one)
2. Registration of real estate
a. Immovables to be registered
Item 998- The following are recorded as immovable in the land registry:
1. Land,
2. Independent and permanent rights on immovables,
3. Independent sections subject to condominium ownership.
The registration of the land in the land registry is subject to the provisions of the special law.
Necessary conditions and procedure for the registration of independent and permanent rights are determined by the President.
determined by the regulation. In order for the continuity condition to be fulfilled, the right is indefinite or at least
must be for thirty years. (one)
Registration of independent sections subject to condominium ownership as immovable, special law
subject to its provisions.
b. Immovables that will not be registered
Item 999- Immovables that are not subject to private property and reserved for public use,
Unless there is an establishment of a real right to be registered regarding them, it is not registered in the register.
If an immovable registered in the title deed turns into an immovable that is not subject to registration, it will be removed from the land registry.
is removed.
3. Elements of the registry
a. land registry
Article 1000- A page in the log is reserved for each immovable and the page numbers follow each other.
Procedure to be followed in case of dividing an immovable or merging more than one immovable
It is determined by the regulation issued by the President. (one)
––––––––––––––––––
(1) With the 139th article of the Decree Law dated 2/7/2018 and numbered 700, the phrases "by statute" in these paragraphs
It has been changed to “by the regulation issued by the President”.

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The following are registered in the special columns on each page of the log:
1. Property,
2. Established on the immovable or on another immovable in favor of that immovable
the easement rights and the immovable burden,
3. Pledge rights on the immovable.
Attachments are recorded in the declarations column at the request of the owner. This record is only in the log.
It can be deleted from the registry with the consent of those who appear as right holders.
More than one immovable belonging to the same owner, even if their borders are not adjacent to each other,
It can be saved on a common page in the log at the request. Pledge registrations made on this page, registered on that page
binds all immovables found; Some of such immovables registered on the same page are at the request of the owner.
registered on the extracted immovables, if it is removed from that page by a court decision.
rights are reserved.
b. condominium register
Article 1001- Independent sections subject to condominium ownership, condominium to be kept separately
is written in the log.
Without prejudice to the provisions of the special law, to the land registry about the transactions to be made in the registry.
provisions apply.
c. Journal and documents
Item 1002- Registration requests in the land registry, the identity of the requester and the subject of the request are specified.
It is immediately written in the journal in the order of the request.
The documents on which these transactions are based are carefully put in order and stored.
D. Plan
Item 1003- In the registration and determination of an immovable, a plan based on an official measurement is taken as basis.
How the plans will be prepared is determined by the regulation issued by the President. (one)
II. Keeping the land registry
1. In a region
Item 1004- The immovables are registered in the land registry of the region where they are located.
2. In multiple regions
Item 1005- It must be stated that the real estate located in more than one region is registered in other regional registers.
are recorded separately in the registry in each region.
Registration requests and registration procedures for such an immovable is where most of the immovable is located.
It is made in the region and the registration made is notified to the land registry offices in other regions to be recorded in the register.
III. land registry offices
1. Establishment
Article 1006- The establishment, operation and services of the land registry administrations are subject to the provisions of the special law.
is subject to.
2. Responsibility
Item 1007- The State is responsible for all damages arising from keeping the land registry.
The state recourse to the officials who are at fault in the occurrence of the damage.

––––––––––––––––––
(1) With Article 139 of Decree Law No. 700 dated 2/7/2018, the phrase “by statute” in this paragraph
It has been changed to “by the regulation issued by the President”.

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Cases regarding state liability are heard in the court of the place where the land registry is located.
B. Transactions
I. Subject of the proceedings
1. Registration
Item 1008- The following rights regarding the immovable are registered in the land registry:
1. Property,
2. Easement rights and immovable loads,
3. Pledge rights.
2. Commentaries
a. Personal rights
Article 1009- Construction in return for land share, promise to sell real estate, rent, purchase, pre-emption, repurchase
rights arising from contracts and other rights clearly stipulated in the laws that can be annotated
can be annotated in the log.
By giving annotations, these are brought forward against the owners of the subsequently acquired rights on that immovable.
drivable.
b. Restriction of saving power
Item 1010- The restrictions on the power of disposition based on the following reasons are annotated to the land registry.
can be given:
1. Court decisions on the protection of contentious rights,
2. The period given by attachment, bankruptcy decision or concordat,
3. Transactions envisaged by law, such as the establishment of a family dormitory, the appointment of an artmirasist.

Restrictions on the power of disposition, the rights acquired later on the immovable by giving an annotation.
can be brought against their owners.
c. Temporary registration annotation
Item 1011- Temporary registration annotation can be issued in the following cases:
1. If an alleged real right needs to be secured,
2. Law on the subsequent completion of the deficiencies in the documents determining the power of disposition
if it allows.
Temporary registration annotation depends on the consent of all concerned or the decision of the judge.
If the right that is the subject of the annotation is realized later, starting from the date of the annotation, it can be brought forward against third parties
drivable.
Upon the request for a temporary registration annotation, the judge may listen to the parties or on the file.
If he concludes that the existence of the right subject to the annotation can be accepted by examining the annotation, the annotation decision
gives. In the decision, the duration and content of the annotation in terms of effect are determined; to the court when necessary
time is given to apply.
3. Representations
Article 1012- The annexes of an immovable are added to the declarations column in the log at the request of the owner.
is written. The cancellation of this record is subject to the consent of all those who appear to be entitled in the registry.

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Entering public law restrictions on immovable property in the declarations column and
Other matters that can be written in the column are determined by the regulation issued by the President. (one)
Special law provisions are reserved.
II. Conditions of registration and cancellation
1. Prompt
a. for registration
Item 1013- The registration is made upon the written declaration of the owner of the real estate subject to the disposition.
The acquirer is bound by a law, a final court decision or an equivalent document.
If so, this statement is not required.
A person who acquires a real right before registration may request registration by submitting the necessary documents.
b. For abandonment and change
Item 1014- Abandonment or modification of a registration is only possible if this registration does not entitle them.
may be made upon the written declaration of the persons
2. Determination of authority and reason
Item 1015- Saving transactions such as registration, cancellation and change can be made upon request.
It depends on the person who has documented the power of disposition and the legal reason.
The person making the request, the person appearing to be entitled in the registry, or the representative of this person
By proving that he is, he certifies his power of disposition.
Documentation of the legal reason, proof of compliance with the form required for the validity of this reason
happens by.
3. Completion of documents
Item 1016- If the documents related to the power of saving and legal reason are not complete, the request
is rejected.
However, although the documents pertaining to the legal reason are complete,
Temporary registration with the consent of the owner or the decision of the judge, in cases where the document specifying the document must be completed.
annotation can be given.
III. Form of registration
1. In general
Item 1017- Registrations to the register are made according to the date and order of the request.
A copy of the record in the registry is given to the interested person.
The form of the samples to be given with registration and cancellation is determined by the regulation issued by the President.
determines. (one)
2. Easements in favor of the immovable
Article 1018- The registration and cancellation of the easements in favor of the immovable is both loaded and the beneficiary.
recorded on the pages of the real estate.
IV. Obligation to notify
Item 1019- The land registry officer is responsible for notifying the relevant persons about the transactions they have made without their knowledge.
liable.
The objection period of the persons concerned against these transactions starts to run from the date of notification made to them.
––––––––––––––––––
(1) With the 139th article of the Decree Law dated 2/7/2018 and numbered 700, the phrases "by statute" in these paragraphs
It has been changed to “by the regulation issued by the President”.

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C. Clarity of the land registry
Item 1020- Land registry is open to everyone.
Anyone who makes his interest believable is the land registry officer of the relevant page and documents in the land registry.
may request that it be shown in front of him or that samples of them be given.
No one can claim that they do not know a record in the land registry.
D. Effects of registration
I. Consequences of non-registration
Item 1021- Real rights, the establishment of which is subject to registration by law, is an asset unless registered.
can't win.
II. Results of registration
1. In general
Article 1022- Real rights arise with registration in the registry; takes their order and dates according to the registration.
The effect of the registration is that the documents required by law are attached to the request or in case of temporary registration.
from the date of posting in the journal, provided that the documents are completed in due time.
starts.
The content of a right, within the limits of the registration, according to the documents on which it is based or in any other
determined way.
2. Against bona fide third parties
Item 1023- Ownership or other real right based on the registration in the land registry in good faith
This win of the third winner is preserved.
3. Against third parties who are not in good faith
Item 1024- If a real right has been registered as corrupt, who knows or should know
the third party cannot rely on this registration.
Registration that is based on a non-binding legal act or lacks a legal reason
is corrupt.
The person whose real right is damaged due to such a registration, has good faith that the registration is corrupt.
directly against third parties.
E. Abandonment and replacement
I. Corrupt registration
Item 1025- A real right has been registered illegally or a registration has been canceled illegally.
If it has been changed or changed, the person whose right in rem is damaged because of this, has to correct the land registry.
can sue.
Real rights and all kinds of compensation gained by bona fide third parties based on this registration
The request is reserved.
II. Termination of real rights
Item 1026- With the expiration of a real right, the registration loses all its legal value.
Otherwise, the owner of the loaded immovable may request its abandonment.
If the land registry officer fulfills this request, each interested party will be notified from the date of notification of this transaction.
may file a lawsuit against his abandonment within thirty days starting from

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The land registry officer, by applying to the judge ex officio, regarding the determination of the termination of the right in rem
It is authorized to request a decision and to make the cancellation process based on the decision of the judge.
III. Correction
Item 1027- Unless the written consent of the relevant persons is obtained , the land registry officer can correct the mistake in the land registry.
can only be corrected by court order.
The correction may also be in the form of abandoning the old registration and making a new registration.
The land registry officer can correct simple typographical errors in accordance with the regulation issued by the President.
will fix it yourself. (one)
repealed law
Article 1028- Turkish Civil Code dated 17 February 1926 and numbered 743 was repealed.
has been removed.
Force
Article 1029- This Law enters into force on January 1, 2002.
Executive
Article 1030- The provisions of this Law are executed by the Council of Ministers.

◆
PROVISIONS THAT CANNOT BE IMPLEMENTED IN THE LAW NUMBER 4721 DATED 22/11/2001

1 - The provision of the Law No. 4778 dated 2/1/2003:
Article 36 - The provision of Article 92 of the Turkish Civil Code as amended by this Law,
and other non-profit organizations other than the foundation.

––––––––––––––––––
(1) With the 139th article of the Decree Law dated 2/7/2018 and numbered 700, the phrase "regulation rules" in this paragraph
It has been changed to “Regulations issued by the President”.

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8210
LEGISLATION BRINGING ADDITIONALS AND AMENDMENTS TO THE LAW NUMBER 4721 OR
CONSTITUTIONAL COURT DECISIONS
TABLE SHOWING THE EFFECTIVE DATES
Amending Law/ Decree or Cancellation
Eden Constitutional Court Decision
Its number

amending the Law No. 4721 or
canceled items

4778
4963
5253

91, 92
56, 64, 66, 82, 94
58, 61, 62, 64, 74, 77, 79, 92, 93

Effective Date

11/1/2003
30/7/2003
23/11/2004

5378

348

7/7/2005

5399

313

15/7/2005

5650

505, 506

5737

10/5/2007

111

27/2/2008

112

26/1/2008

the Constitutional Court dated 25/6/2009 and
E.: 2008/30, K.: Decision no. 2009/96

289

7/10/2009

of the Constitutional Court dated 2/7/2009 and
E.: 2005/114, K.: Decision no. 2009/105

321

7/10/2010

138

14/4/2011

of the Constitutional Court dated 27/11/2007 and
E.: 2002/162, K.: Decision no. 2007/89

6217
164, 181, 598
of the Constitutional Court dated 17/3/2011 and
E.: 2009/58, K.: Decision no. 2011/52
of the Constitutional Court dated 27/10/2011 and
E.: 2010/71, K.: Decision no. 2011/143
6462

713

Second paragraph of article 303
313, 340, 408, 417, 674

1/10/2011
23/7/2011
from 7/2/2012
starting one year later
3/5/2013

the Constitutional Court dated 27/12/2012 and
E.: 2012/35, K.: Decision No. 2012/203

319

the Constitutional Court dated 10/10/2013 and
E.: 2013/62, K.: Decision No. 2013/115

291

10/12/2013

194

19/2/2014

6518
6537

659, 660, 661, 662, 663, 664, 665,
666, 667, 668

of the Constitutional Court dated 29/11/2017 and
M.: 2017/130, K.: Decision no. 2017/165

40

From 12/7/2013
six months after starting

15/5/2014

20/3/2018
together on 24/6/2018
Made in Turkey Big

Decree/700

37, 104, 320, 417, 593, 609, 620, 851
913, 940, 997, 998, 1000, 1003, 1012,
1017, 1027

National Assembly and
Presidential elections
as a result
by the President's oath
when he took office
(9/7/2018)

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8210-1
Amending Law/ Decree or Cancellation
Eden Constitutional Court Decision
Its number
7181
7196

LAWS, APRIL 2018 (Annex-101)

amending the Law No. 4721 or
canceled items
883
409,436,437

Effective Date

1/1/2020
24/12/2019

