Real estate practice in Turkey is not governed by a separate and dedicated body of law. Instead, Turkish real estate law is integrated into the general operation of civil law, and different aspects of real estate law are governed by chapters in codes of general operation.
At the very top, property rights are secured by the Turkish Constitution. In addition, the European Convention on Human Rights, as an international treaty duly subscribed by Turkey, also secures the right of property. These protections mean that the Turkish Constitutional Court and also the European Court of Human Rights have eventual jurisdiction over property disputes, generally but not exclusively in disputes of private parties with the government. These courts may in certain circumstances also exercise jurisdiction in disputes purely between private parties, on account of argued violations of the government’s obligation to actively protect property rights.
For full copy of the article, please click here.
First published by Chambers and Partners, Global Practice Guides, Real Estate – Law & Practice 2019.