Abstract:

Article 577 and the subsequent provisions of the Turkish Civil Code set forth the requirements, which are required for a person to be an inheritor or a receiver due to testament. In the meantime, there is a private regulation under Article 35 of the Land Registry Law with regards to the acquisition of immovable property of the real persons, who are the foreign national, in Turkey. The requirements for the acquisition of the immovable property of the foreign real persons in Turkey have undergone to a fundamental changes after the amendment, which was made in 2003 under the mentioned provision. In this regard, the requirements for the capacity of succeeding will initially be presented in a general frame within the scope of the related provisions of the Turkish Civil Code in this paper. Afterwards, Article 35 of the Land Registry Law, which sets forth the acquisition requirements of the immovable property of the foreign real persons in Turkey constituting the basis of our subject, will be taken up with all details including the circumstance before and after the amendment dated 2003; the legal question will be put down to the fact in the context of the right of property and the right of succession. Following to the submission of our legal evaluations within the scope of the precedent decisions of the Supreme Court, the Constitutional Court and European Court of Human Rights relating to the matter; some of our determinations and legal opinions will be presented at the part of conclusion.

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