Özet:

The joint owners of a property can make legal transactions concerning the use, use and management of a property. These transactions can be contracts or decisions. When the joint owners cannot decide how to use or manage the property they can also appeal for a court decision. The most important legal problem is whether these decisions and contracts shall be binding for the new persons that overtake the joint ownership. Article 695 of the Turkish Civil Code stipulates the annotation of the legal transactions in order to be binding for the new joint owners. The annotation of these legal transactions is a newly introduced institution within the Turkish Civil Code number 4721. In practice there were many problems concerning the binding effect of the legal transactions between the joint owners in cases where the property is transferred. Articles 689 and 695 were introduced to meet these needs. As in Turkish property law, the principle of numerus clausus is valid, and the legal nature of the annotation should be clarified. In this essay the conditions and legal consequences of the annotation shall also be examined.

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