PROPERTY LAW

• Possesion law in Turkey

• Ownership law in Turkey

• Mortgage law in Turkey

Principles of ownership of movable or immovable objects are in general identified in the Property Law section of the Civil Code. But property law includes not only ownership, but also acquiring and transfer of ownership, leasing the property and factors limiting property rights.

Possesion law in Turkey

A person who has authority to use an item actively or who has the item in his possession is considered to be the owner of that item, even though he may not own it as property. The question of possession arises in connection with personal property and real estate. Possession constitutes proof of ownership.

Mortgage law in Turkey

A person may guarantee his own or another person's loan with a piece of real estate. Just as a mortgage may be taken out to guarantee repayment of an existing loan, it may also be taken out to guarantee a possible future one.

The terms of a mortgage are entered on the title deed and represent a limited right over that piece of property. Mortgaged real estate may be sold, but the buyer must accept the terms of the mortgage. A piece of real estate may also be mortgaged more than once. In any case, the order of the mortgage must be registered on the title deed. The subject of mortgaging is governed in general by the Civil Code. The term "mortgage" as used here may not be adequate for explaining to foreigners the concept intended in Turkish law. The concept in Turkish law differs, particularly from that in American law. An exact equivalent would be closer to the term "hypothec" in English or "hypotheque" in French.