Abstract:

Determination of the sequence between more than one immovable pledge depends on the accepted system. The fixed rank system has been adopted in Turkish Law. In fixed rank system the sequence among immovable pledges are determined according to the order of the rank in which they are registered. When a pledge is deleted at one level, the other pledges are not affected by it, remain constant. One of the exceptions foreseen in order to avoid inconveniences caused by the fixed rank system in Turkish Law is the right to advance to the vacated rank which arising from the contract. The owner of the real estate undertakes when one of the ranks vacated, not to build a new pledge at that rank and to advance the lower rank pledge. The contract of advance to the vacated rank is an innominate sui generis contract. The parties determine the content of the contract within the framework of TBK. m. 26-27 freely. Progression method to empty rank can be decided by the parties as one by one or skip preceding ranks. Since it is a right arising from the contract the claimant can demand only from the obliger to be advanced to the vacated rank. By annotation of the right to advance to the vacated rank, it can be put forward against the 3rd person

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