Real estate—Turkey—Q&A guide
Real estate—Turkey—Q&A guide

The following Property practice note provides comprehensive and up to date legal information covering:

  • Real estate—Turkey—Q&A guide
  • 1. How would you explain your jurisdiction’s legal system to an investor?
  • 2. Does your jurisdiction have a system for registration or recording of ownership, leasehold and security interests in real estate? Must interests be registered or recorded?
  • 3. What are the legal requirements for registration or recording conveyances, leases and real estate security interests?
  • 4. What are the requirements for non-resident entities and individuals to own or lease real estate in your jurisdiction? What other factors should a foreign investor take into account in considering an investment in your jurisdiction?
  • 5. If a non-resident invests in a property in your jurisdiction, are there exchange control issues?
  • 6. What types of liability does an owner or tenant of, or a lender on, real estate face? Is there a standard of strict liability and can there be liability to subsequent owners and tenants including foreclosing lenders? What about tort liability?
  • 7. How can owners protect themselves from liability and what types of insurance can they obtain?
  • 8. How is the governing law of a transaction involving properties in two jurisdictions chosen? What are the conflict of laws rules in your jurisdiction? Are contractual choice of law provisions enforceable?
  • 9. Which courts or other tribunals have subject-matter jurisdiction over real estate disputes? Which parties must be joined to a claim before it can proceed? What is required for out-of-jurisdiction service? Must a party be qualified to do business in your jurisdiction to enforce remedies in your jurisdiction?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to real estate in Turkey published as part of the Lexology Getting the Deal Through series by Law Business Research (published: November 2020).

Authors: Hergüner Bilgen Özeke Attorney Partnership—Nazım O Kurt; Burcu Urgancı; Bora Başkurt

1. How would you explain your jurisdiction’s legal system to an investor?

Based on civil law, Turkey’s legal system comprises a hierarchy of codified rules, resembling the legal systems of continental Europe. The Turkish Constitution is the supreme law of the land, followed by codes issued by Parliament and decrees issued by the President, and finally secondary legislation such as regulations, by-laws and communiqués, provided that they do not conflict with a superior law in the hierarchy.

The Turkish court system functions as an inquisitorial system. It is the judge’s duty to inquire and rule on the case. Judges may hear witness statements and request evidence to ensure a fair judgment. Article 2 of the Turkish Civil Code sets out the general principle of objective good-faith that the courts rely on to rule in equity.

Preliminary injunctions may be granted subject to certain conditions prescribed under the applicable legislation (eg, risk that a right might be materially endangered or become impossible to exercise).

Oral contracts are binding under Turkish law unless the law expressly states otherwise. Laws applicable to real estate are national in scope.

2. Does your

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