Özet:

The right to property is not unlimited, but has historically been subject to limitations. These limitations may arise from both public and private law. A limitation arising from private law is the legal right of pre-emption regulated under Articles 732-734 of the Turkish Civil Code. If a shareholder in a shared ownership transfers his/her share to third parties through a sale or a transaction equivalent to a sale, the other shareholders are granted a priority right of purchase recognized by law. The purpose of this right is to prevent unwanted persons from entering the partnership or, if possible, to collect the shares in the hands of a single person. The legal pre-emption right is a right that can only be exercised through litigation. In order for the pre-emption case to be finalized, pursuant to Article 734/2 of the TCC, the plaintiff must deposit the sale price and the title deed expenses falling to the buyer in cash to the place to be determined by the court within the specified period. However, it should not be forgotten that the value of an immovable subject to the provisions of shared ownership may increase over time for economic and objective reasons. In this context, if the pre-emption lawsuit is filed after a long period of time has passed since the sale transaction, the plaintiff is required to deposit the current value of the immovable on the date of the lawsuit instead of the sale price shown in the title deed.

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