Turkish Civil Code (Law No. 4721)

The Code applies, in letter and in spirit, to all matters which it addresses.

Where the Code contains no applicable provision, the judge shall decide in accordance with customary law and, failing that, in accordance with the rule that he or she would lay down if acting as legislator.

In deciding, the judge shall draw upon scholarly opinion and judicial decisions.

Every person shall act in accordance with the rules of good faith in exercising his or her rights and in performing his or her obligations.

The legal order does not protect the manifest abuse of a right.

Where the Code attaches a legal consequence to good faith, the existence of good faith shall be presumed.

However, a person who has failed to exercise the care that could be expected of him or her in the circumstances may not plead good faith.

Where the Code confers discretion on the judge or directs the judge to take into account the circumstances or just cause, the judge shall decide in accordance with law and equity.

The provisions of a general nature of this Code and of the Code of Obligations shall apply, to the extent appropriate, to all private law relationships.

Unless the law provides otherwise, each party shall bear the burden of proving the existence of the facts on which it bases its right.

Public registers and public deeds constitute evidence of the accuracy of the facts they attest.

Unless the laws provide otherwise, proof that their contents are inaccurate is not subject to any particular form.

Every human being has legal capacity (capacity to hold rights).

Accordingly, all human beings are equal, within the limits of the legal order, in their capacity to hold rights and obligations.

A person who has capacity to act may acquire rights and incur obligations through his or her own acts.

Every adult who has the capacity to discern and who is not subject to interdiction has capacity to act.

Majority begins upon the completion of the age of eighteen.

Marriage confers majority upon a person.

A minor who has completed the age of fifteen may be declared of age by the court at his or her own request and with the consent of his or her parent or guardian having custody.

Every person who is not deprived of the ability to act rationally by reason of young age, mental illness, mental deficiency, intoxication or other similar causes has the capacity to discern within the meaning of this Code.

Persons lacking the capacity to discern, minors and persons under interdiction do not have capacity to act.

Subject to the exceptions provided for by law, the acts of a person lacking the capacity to discern produce no legal effect.

Minors and persons under interdiction who have the capacity to discern may not incur obligations through their own transactions without the consent of their legal representatives. Such consent is not required for gratuitous acquisitions or for the exercise of strictly personal rights.

Minors and persons under interdiction who have the capacity to discern are liable for their torts.

The degree of kinship by blood is determined by the number of births connecting the relatives to one another.

Persons descended one from the other are related in the direct line (ascendants and descendants); persons not descended one from the other but descended from a common ancestor are related in the collateral line.

Each spouse is related by marriage (affinity) to the blood relatives of the other spouse in the same line and degree.

Affinity is not extinguished by the dissolution of the marriage that created it.

The domicile of a person is the place where he or she resides with the intention of settling permanently.

No person may have more than one domicile at the same time.

This rule does not apply to commercial and industrial establishments.

A domicile is changed only upon the acquisition of a new one.

Where a person's previous domicile is unknown, or where a person has given up a domicile abroad but has not yet acquired a domicile in Türkiye, the place where he or she currently resides shall be deemed his or her domicile.

The domicile of a child under parental custody is the domicile of the mother and father or, if the mother and father have no common domicile, the domicile of the parent to whom the child has been entrusted. In other cases, the child's place of residence shall be deemed the child's domicile.

The domicile of persons under guardianship is the place where the guardianship authority to which they are subject is located.

Residing in a place for the purpose of attending an educational institution, or being placed in an educational, health care, care or penal institution, does not result in the acquisition of a new domicile.

No person may renounce, even in part, his or her legal capacity or capacity to act.

No person may renounce his or her freedoms or restrict them in a manner contrary to law or morality.

The removal, grafting and transplantation of biological materials of human origin is permissible upon written consent. However, a person who has undertaken an obligation to give biological material may not be required to perform it, and no claim for pecuniary or non-pecuniary damages may be made.

A person whose personality rights are unlawfully infringed may request the judge to protect him or her against those committing the infringement.

Every infringement of personality rights is unlawful unless justified by the consent of the person whose personality rights have been violated, by an overriding private or public interest, or by the exercise of a power conferred by law.

The claimant may request the judge to prevent a threatened infringement, to put an end to an ongoing infringement, or to declare unlawful an infringement which, although it has ceased, continues to have effects.

Together with these, the claimant may also request that a correction or the judgment be notified to third parties or published.

The claimant's right to claim pecuniary and non-pecuniary damages and to claim that the profit obtained through the unlawful infringement be handed over to him or her in accordance with the provisions on agency without authority is reserved.

A claim for non-pecuniary damages may not be assigned unless it has been acknowledged by the other party, and it does not pass to the heirs unless it has been asserted by the deceased.

For the protection of his or her personality rights, the claimant may bring an action before the court of his or her own domicile or of the defendant's domicile.

A person whose use of his or her name is disputed may bring an action for a declaration of his or her right.

A person whose name is used without right may request that such use be stopped and, if the person using it without right is at fault, may additionally claim compensation for pecuniary loss and, where the nature of the wrong suffered so warrants, payment of non-pecuniary damages.

A change of name may be requested from the judge only on the basis of just cause.

Amended paragraph 2: 14/11/2024, Law No. 7532, Art. 12 The change of name shall be entered in the civil registry and announced on the announcement portal of the Press Advertising Agency (Basın İlan Kurumu). The announcement shall state the court rendering the judgment, the date of the decision, the docket and decision numbers of the case file, and, regarding the person whose name has been ordered to be changed, the place where he or she is entered in the civil registry, date of birth, mother's and father's names, former first name and surname, and the new first name and surname given by the court decision.

A change of name does not change personal status.

A person harmed by the change of name may bring an action for the annulment of the change decision within one year from the date on which he or she learned of it.

Personality begins at the moment the child is fully born alive and ends with death.

Subject to the condition that it is born alive, a child acquires legal capacity from the moment of conception.

A person who asserts, for the purpose of exercising a right, that a person is alive or dead, or was alive at a particular time or at the death of another person, must prove that assertion.

Where it cannot be proven which of several persons died first or later, they shall all be deemed to have died at the same moment.

Birth and death are proven by the entries in the civil registry.

Where there is no entry in the civil registry or the existing entry is found to be inaccurate, the true situation may be proven by any kind of evidence.

Where a person disappears in circumstances which render his or her death certain, he or she shall be deemed to have actually died even if the body has not been found.

Where there is a strong probability of the death of a person who disappeared in mortal danger or who has not been heard from for a long time, the court may, upon the application of those whose rights depend on such death, declare that person absent (presumed dead).

The competent court is the court of the person's last domicile in Türkiye; if the person never had a domicile in Türkiye, the court of the place where he or she is registered in the civil registry; and if there is no such registration either, the court of the place where his or her mother or father is registered.

A declaration of absence may be requested only if at least one year has elapsed since the mortal danger or at least five years have elapsed since the date of the last news.

The court shall summon, by an announcement made in accordance with the procedure, persons having information about the person whose absence is to be declared to provide such information within a specified period.

This period shall be at least six months from the date of the first announcement.

If the person whose absence is to be declared appears or news of him or her is received before the expiry of the announcement period, or if the date of his or her death is established, the request for a declaration of absence lapses.

If the announcement yields no result, the court shall declare the absence, and rights dependent on death may be exercised as if the death of the absent person had been proven.

The declaration of absence takes effect from the date on which the mortal danger occurred or the last news was received.

Personal status is established by an official register kept for this purpose.

The principles governing the keeping of this register and the making of mandatory notifications are set out in the relevant law.

The personal status register is kept by officers appointed by the State. It is the duty of these officers to keep the register entries and to issue copies.

The powers of a civil registry officer may be conferred, with the approval of the Presidency of the Republic, on the representatives of Türkiye in foreign countries.

Damage arising from the keeping of the personal status register shall be compensated by the State, subject to recourse against the officer at fault.

Actions for compensation and for recourse shall be brought before the court of the place where the personal status register is kept.

No correction may be made to any entry in the personal status register without a court decision.

A person wishing to change his or her sex may, by applying in person, request the court to grant permission for a change of sex. However, for permission to be granted, the applicant must have completed the age of eighteen and must not be married; furthermore, the applicant must be of transsexual nature and must document, by an official medical board report obtained from (...) a training and research hospital, that the change of sex is mandatory for his or her mental health.

Where it is confirmed by an official medical board report that a sex reassignment operation has been performed in accordance with the purpose of the permission granted and with medical methods, the court shall order that the necessary correction be made in the civil registry.

Notifications concerning births and procedures concerning found children of unknown identity shall be carried out in accordance with the provisions of the relevant law.

Changes in personal status, in particular the recognition of a child born out of wedlock or a judicial declaration of paternity, the correction of descent, adoption, or the establishment of the descent of a found child, shall be entered in the register in accordance with the provisions of the relevant law.

Notifications concerning deaths shall be made in accordance with the provisions of the relevant law.

Where a person disappears in circumstances which render his or her death certain, his or her death shall be entered in the register by order of the highest administrative chief of that locality, even if the body has not been found.

Nevertheless, any interested person may bring an action for a judicial determination that such person is dead or alive.

A declaration of absence shall be entered in the death register upon notification by the judge.

Changes that become necessary because a notification on which a registration was based is found to be inaccurate, because the identity of an unidentified body is established, or because a declaration of absence is set aside, shall be made by entry in the remarks column of the record of the person concerned in the register.

Associations of persons organised so as to have a separate existence and independent bodies of assets dedicated to a specific purpose acquire legal personality in accordance with the special provisions applicable to them.

Associations of persons and bodies of assets whose purpose is contrary to law or morality cannot acquire legal personality.

Legal persons have capacity for all rights and obligations other than those dependent on attributes which by nature are inherent in human beings, such as sex, age and kinship.

Legal persons acquire capacity to act upon having the organs required by law and by their constituent instruments.

The will of a legal person is expressed through its organs.

The organs bind the legal person by their legal transactions and all their other acts.

The organs are furthermore personally liable for their fault.

Unless the constituent instrument provides otherwise, the domicile of a legal person is the place where its affairs are administered.

The personality of a legal person that has been terminated continues during liquidation, its capacity being limited to the purpose of liquidation.

Unless the law or the constituent instrument provides otherwise, the liquidation of the assets of a legal person shall be carried out in accordance with the provisions on the official liquidation of an estate.

Unless the law or the constituent instrument provides otherwise, or the competent organ decides otherwise, the assets of a legal person pass to the public institution or organisation pursuing the most closely related purpose.

These assets shall, as far as possible, be used for the purpose to which they were previously dedicated.

The assets of a legal person whose personality has been terminated by a court decision because it pursued a purpose contrary to law or morality shall in all cases pass to the relevant public organisation.

The provisions of law concerning public legal persons and commercial companies are reserved.

Associations are groups of persons having legal personality, formed by at least seven natural or legal persons by permanently combining their knowledge and efforts to achieve a specific and common purpose other than the sharing of profits.

No association may be established for purposes contrary to law or morality.

Everyone has the right to form associations without prior permission.

The founders of an association must have capacity to act.

Every association shall have articles of association.

The articles of association must state the name, purpose, (...) sources of income, conditions of membership, organs and organisation of the association, as well as its provisional board of directors.

The articles of association may not contravene the mandatory provisions of the law.

The provisions of the law apply to matters not regulated in the articles of association.

Associations acquire legal personality at the moment they submit the notification of establishment, the articles of association and the required documents to the highest administrative chief of the place where their seat is located.

The content of the notification of establishment and what the required documents consist of are set out in a regulation.

The notification of establishment, the accuracy of the documents and the articles of association shall be examined on the file by the highest administrative chief within sixty days.

Where any contravention of law or deficiency is found in the notification of establishment, the articles of association or the legal status of the founders, the founders shall be requested forthwith to remedy or complete them. If the stated deficiency is not completed and the contravention of law is not remedied within thirty days from the service of this request, the highest administrative chief shall notify the office of the public prosecutor of the situation so that an action for the dissolution of the association may be brought before the competent civil court of first instance. The public prosecutor may also request the court to order the suspension of the association's activities.

Where no contravention of law or deficiency exists in the notification of establishment, the articles of association and the documents, or such contravention or deficiency has been remedied within the specified period, the association shall be notified of this in writing forthwith and the association shall be entered in the register of associations.

Repealed: 4/11/2004, Law No. 5253, Art. 38

Amended: 4/11/2004, Law No. 5253, Art. 38

Associations are obliged to hold their first general assembly meeting and to form their mandatory organs within six months following the written notification made pursuant to the last paragraph of Article 60.

No person may be compelled to become a member of an association, and no association may be compelled to admit a member.

Every natural person having capacity to act, as well as legal persons, have the right to become members of associations.

An application for membership, which shall be made in writing, shall be decided upon by the board of directors of the association (...) within thirty days at the latest, and the result shall be notified to the applicant in writing. A member whose application is accepted shall be entered in the book to be kept for this purpose.

The membership of persons who subsequently lose the qualifications required for membership by the law or the articles of association terminates automatically.

No person may be compelled to remain a member of an association. Every member has the right to withdraw from the association (...) provided that he or she gives notice in writing.

The articles of association may specify grounds for the expulsion of members.

Where the articles of association specify grounds for expulsion, a decision of expulsion may not be challenged on the claim that those grounds cannot be considered just.

Where the articles of association do not regulate expulsion, a member may be expelled only for just cause. Such a decision of expulsion may be challenged on the ground that there is no just cause.

Members of an association have equal rights. An association may not discriminate among its members on the basis of language, race, colour, sex, religion and sect, family, group or class, and may not engage in practices that impair equality or grant privileges to certain members on these grounds.

Every member has the right to participate in the activities and management of the association.

A member who withdraws or is expelled from the association may not claim any right to the assets of the association.

Every member has one vote in the general assembly; the member must exercise his or her vote in person.

Honorary members have no voting rights.

The members' obligation to pay dues is regulated by the articles of association. Where the articles of association contain no such provision, the members shall contribute equally to the dues necessary for achieving the purpose of the association and meeting its debts. A member who withdraws or is expelled from the association must pay the dues for the period during which he or she was a member.

Honorary members are not obliged to pay dues.

Members are obliged to comply with the rules of the association and to show loyalty to the association.

Every member is obliged to act in conformity with the purpose of the association and, in particular, to refrain from conduct that would hinder or prevent the achievement of that purpose.

The mandatory organs of an association are the general assembly, the board of directors and the board of auditors.

Associations may also form other organs in addition to their mandatory organs. However, the duties, powers and responsibilities of the mandatory organs may not be delegated to such organs.

The general assembly is the supreme decision-making organ of the association and consists of the members registered with the association.

The general assembly convenes at the time specified in the articles of association upon being called by the board of directors.

Amended paragraph 2: 4/11/2004, Law No. 5253, Art. 38 Ordinary general assembly meetings must be held at least once every three years.

The general assembly shall be called to an extraordinary meeting by the board of directors where the board of directors or the board of auditors deems it necessary or upon the written application of one fifth of the members of the association.

If the board of directors fails to call the general assembly to a meeting, the judge of the civil court of peace shall, upon the application of one of the members, appoint three members to call the general assembly to a meeting.

Resolutions adopted with the written participation of all members without their meeting together, and resolutions adopted by all members of the association meeting together without complying with the calling procedure prescribed by law, are valid.

The adoption of resolutions in this manner does not replace an ordinary meeting.

The general assembly shall be convened by the board of directors at least fifteen days in advance. For this purpose, the day, time, place and agenda of the meeting shall be notified (...) to the members (...).

Matters relating to the procedure for convening the meeting and to the postponement of the meeting shall be governed by regulation.

Unless the bylaws provide otherwise, meetings of the general assembly shall be held at the place where the association's headquarters is located.

The general assembly shall convene with the attendance of an absolute majority of the members entitled to attend, and of two thirds in cases of amendment of the bylaws and dissolution of the association; where the meeting is postponed because the majority could not be achieved, no majority shall be required at the second meeting. However, the number of members attending this meeting may not be less than twice the total number of members of the board of directors and the board of auditors.

A general assembly meeting may not be postponed more than once.

After the opening of the general assembly meeting, a chairperson and a sufficient number of deputy chairpersons and secretaries shall be elected to conduct the meeting.

Only the items included in the agenda shall be discussed at the general assembly meeting. However, it is mandatory to include in the agenda matters whose discussion is requested in writing by at least one tenth of the members present at the meeting.

Repealed paragraph 3: 4/11/2004, Law No. 5253, Art. 38

The general assembly shall make the final decision on admission to and expulsion from membership; it shall elect the organs of the association and shall perform the tasks not assigned to another organ of the association.

The general assembly shall supervise the other organs of the association and may at any time remove them from office for just cause.

Decisions of the general assembly shall be taken by an absolute majority of the members attending the meeting. However, decisions on amendment of the bylaws and on dissolution of the association may be taken only by a two-thirds majority of the members attending the meeting.

No member of an association may vote on decisions to be taken concerning a legal transaction or dispute between the association and himself or herself, his or her spouse, ascendants or descendants.

Added paragraph: 30/7/2003, Law No. 4963, Art. 34 The provision of the preceding paragraph shall also apply to a person who is to vote on behalf of a legal person.

Every member who was present at the meeting and did not concur with decisions of the general assembly taken in breach of the law or the bylaws may request the annulment of the decision by applying to the court within one month from the date of the decision; every member who was not present at the meeting may do so within one month from learning of the decision and in any event within three months from the date of the decision.

No action for annulment may be brought against the decisions of other organs unless the internal supervision remedies of the association have been exhausted.

Cases in which decisions of the general assembly are deemed non-existent or absolutely null and void are reserved.

The board of directors shall consist of the number of members specified in the bylaws of the association, being not less than five full and five substitute members.

If, due to vacancies, the number of members of the board of directors falls below half of the total number of members, the general assembly shall be convened within one month by the remaining members of the board of directors or by the board of auditors. If the call is not made, the judge of the civil court of peace shall, upon the request of one of the members, appoint three members to convene the general assembly.

The board of directors is the executive and representative organ of the association; it shall perform this duty in accordance with the law and the bylaws of the association.

The duty of representation may be assigned by the board of directors to one of the members or to a third person.

The board of auditors shall consist of the number of members specified in the bylaws of the association, being not less than three full and three substitute members.

The board of auditors shall perform its auditing duty in accordance with the principles and procedures specified in the bylaws of the association; it shall submit the audit results in a report to the board of directors and the general assembly.

Associations shall terminate automatically in the following cases:

1. Achievement of the purpose, the purpose becoming impossible to achieve, or expiry of the term,

2. The first general assembly meeting not having been held within the period prescribed by law and the mandatory organs not having been formed,

3. Insolvency,

4. The formation of the board of directors in accordance with the bylaws having become impossible,

5. Failure to hold the ordinary general assembly meeting twice in succession.

Any interested party may request the judge of the civil court of peace to establish that the association has terminated automatically.

The general assembly may at any time decide to dissolve the association.

If the purpose of the association becomes contrary to law or morality, the court shall, upon the request of the public prosecutor or of an interested party, decide to dissolve the association. During the proceedings, the court shall take all necessary measures, including suspension of activities.

Associations shall carry out activities, in order to achieve their purposes, in line with the fields and forms of work specified in their bylaws.

The provisions of special laws of a public law nature concerning prohibited activities or activities subject to permission are reserved.

In the event of a breach of the prohibitions and restrictions relating to the activities of associations, a decision to suspend activities may be rendered by the court upon the request of the public prosecutor.

Amended: 2/1/2003, Law No. 4778, Art. 34

In order to achieve the purposes set out in their bylaws, associations may carry out international activities and cooperation, open branches abroad, and become members of associations or organisations established abroad.

Amended: 2/1/2003, Law No. 4778, Art. 35

Foreign associations may, (...) with the permission of the Ministry of Interior obtained after taking the opinion of the Ministry of Foreign Affairs, carry out activities and cooperation in Türkiye, open branches, establish higher organisations and join higher organisations already established.

Foreign natural persons having the right to settle in Türkiye may (...) establish associations or become members of associations already established.

This condition shall not be required for honorary membership.

Associations may open branches in places deemed necessary by a decision of the general assembly. For this purpose, a founders' board of at least three persons authorised by the board of directors of the association shall submit the branch establishment notification and the required documents to the highest civil administrative authority of the place where the branch is to be opened.

Repealed paragraph 2: 30/7/2003, Law No. 4963, Art. 35

The content of the branch establishment notification and the required documents shall be specified in the regulation.

Each branch must have a general assembly and a board of directors, together with a board of auditors or an auditor.

The provisions of this Law shall apply to the duties and powers of these organs and to other matters concerning branches.

Federations are established by at least five associations having the same founding purposes coming together as members in order to achieve their purposes.

Each federation shall have bylaws.

A federation acquires legal personality upon the submission of the establishment notification, the bylaws and the required documents to the highest civil administrative authority of its domicile.

Confederations are established by at least three federations having the same founding purposes coming together as members in order to achieve their purposes.

Each confederation shall have bylaws.

A confederation acquires legal personality upon the submission of the establishment notification, the bylaws and the required documents to the highest civil administrative authority of its domicile.

Associations shall be represented in the general assembly of the federation to which they belong, and federations in the general assembly of the confederation to which they belong, by at least three members each. The representative members shall be elected by the general assemblies of the relevant associations and federations.

The provisions of this Law shall apply to other matters concerning federations and confederations.

The revenues of an association consist of membership dues, revenues derived from the activities of the association or from the assets of the association, and donations and contributions.

Special provisions concerning associations of public benefit and associations established by special laws are reserved.

Foundations are communities of property having legal personality, formed by natural or legal persons dedicating sufficient property and rights to a specific and permanent purpose.

The entirety of a body of assets, or any kind of income that has accrued or is understood will accrue, or rights having economic value may be dedicated to a foundation.

Paragraph 3 annulled by Constitutional Court decision of 17/4/2008, E. 2005/14, K. 2008/92

No foundation may be established that is contrary to the characteristics of the Republic defined by the Constitution and to the fundamental principles of the Constitution, to law, morality, national unity and national interests, or for the purpose of supporting members of a particular race or community.

The will to establish a foundation shall be declared by an official deed or by a disposition mortis causa. A foundation acquires legal personality upon registration in the register kept at the court of its domicile.

The establishment of a foundation by official deed through a representative is conditional upon the power of representation having been granted by a notarised document and upon the purpose of the foundation and the property and rights to be dedicated having been specified in that document.

Application to the court shall be made by the founder where an official deed has been drawn up; where the foundation is based on a disposition mortis causa, it shall be made upon notification by the interested parties or by the judge of the civil court of peace who opened the will, or ex officio by the General Directorate of Foundations.

The court to which the application is made shall ex officio take the measures necessary for the protection of the property and rights.

The decision rendered by the court may be appealed by the applicant or by the General Directorate of Foundations within one month from the date of service.

The General Directorate of Foundations or interested parties may bring an action for annulment where there exist grounds preventing the establishment of the foundation.

A foundation whose registration has been ordered shall be registered in the register kept at the court of the foundation's domicile; it shall also be entered in the central register kept at the General Directorate of Foundations.

If the registration decision has been rendered by another court, it shall be sent, together with the relevant documents, to the court of the foundation's domicile for registration.

A foundation entered in the central register by the General Directorate of Foundations upon notification by the court of the domicile shall be announced in the Official Gazette.

Registration and announcement shall be made in accordance with the provisions of the regulation issued by the President of the Republic.

Ownership of the dedicated property and the rights shall pass to the foundation upon acquisition of legal personality.

The court ordering registration shall notify the land registry administration that the dedicated immovable property is to be registered in the name of the foundation as a legal person.

The liability of a foundation established by a disposition mortis causa for the debts of the deceased is limited to the dedicated property and rights.

The foundation deed shall specify the name and purpose of the foundation, the property and rights dedicated to that purpose, the form of organisation and management of the foundation, and its domicile.

If the purpose of the foundation and the property and rights dedicated to that purpose are sufficiently specified in the foundation deed, other deficiencies shall not require the rejection of the application made for the foundation to acquire legal personality.

Such deficiencies may be remedied at the instance of the court before the registration decision is rendered; after establishment, they shall also be remedied at the instance of the court of the foundation's domicile upon application by the supervisory authority, after taking the opinion of the founder where possible.

If the property and rights dedicated by a disposition mortis causa to the foundation whose registration is requested are not sufficient to achieve the purpose, then, unless the founder has declared a contrary intention, such property and rights shall be dedicated by the judge to a foundation with a similar purpose, after taking the opinion of the supervisory authority.

The rights of action of the heirs and creditors of the founder under the provisions relating to gifts and dispositions mortis causa are reserved.

A foundation must have a management organ. The founder may also specify in the foundation deed other organs deemed necessary.

The managers of foundations for assistance to staff and employees are obliged to provide the beneficiaries with the necessary information on the organisation, operation and financial situation of the foundation.

Staff and employees who pay contributions to the foundation shall participate in the management at least in proportion to the payments they have made and shall, as far as possible, elect their representatives from among themselves.

The part of the foundation's assets to be provided through payments by staff and employees may consist solely of a claim of the foundation against the employer only if sufficient security has been provided for that claim.

The beneficiaries may claim performance of the foundation's obligations by way of action only if they have paid contributions or if the provisions governing the foundation have granted them this right.

Amendments to the provisions on the participation of beneficiaries in the management and on the conditions for benefiting from the foundation in foundations for assistance to staff and employees shall be decided by the court of the domicile, upon the request of the organ authorised for this under the foundation deed, after obtaining the written opinion of the supervisory authority.

Whether foundations fulfil the provisions of the foundation deed, whether they manage the foundation property in a manner consistent with the purpose, and whether they spend the foundation revenues in accordance with the purpose shall be supervised by the General Directorate of Foundations and by their higher organisations. Supervision of foundations by their higher organisations is subject to the provisions of special laws.

Repealed paragraph 2: 20/2/2008, Law No. 5737, Art. 80

If there are just causes, the court may, upon the request of the management organ of the foundation or of the supervisory authority and after obtaining the written opinion of the other, change the organisation, management and operation of the foundation.

The court may, upon application by the supervisory authority, (...) after holding a hearing, remove the managers from office and, unless the foundation deed provides otherwise, elect new ones.

If, owing to changes in circumstances and conditions, adherence to the purpose written in the foundation deed has become clearly inconsistent with the wishes of the founder, the court may, upon application by the management organ of the foundation or by the supervisory authority and after obtaining the written opinion of the other, change the purpose of the foundation.

The same provision shall apply to the removal or amendment of conditions and obligations that significantly hinder or prevent the achievement of the purpose.

If there are reasons justifying the replacement of the property and rights dedicated to the purpose with more beneficial ones or their conversion into money, the court may, upon application by the management organ of the foundation or by the supervisory authority and after obtaining the written opinion of the other, permit the necessary change.

The management organ shall, within the first three months of each calendar year, report the asset situation and activities of the foundation for the preceding year to the supervisory authority in the form of a report, and shall ensure that the situation is published by appropriate means.

The Ministry of Interior may, in the cases provided for in the Constitution and in accordance with the prescribed procedures, after also taking the opinion of the supervisory authority, temporarily suspend the activities of a foundation until a decision is rendered by the court, and shall apply to the court immediately. The judge shall decide on the application without delay.

Where achievement of the purpose has become impossible and its amendment is also not possible, the foundation shall terminate automatically and shall be deleted from the register by court decision.

If it is not possible to amend the purpose of a foundation which is subsequently found to pursue a prohibited purpose or to engage in prohibited activities, or whose purpose subsequently becomes prohibited, the foundation shall be dissolved after a hearing, upon application by the supervisory authority or the public prosecutor.

The provisions on acquisition by possession shall not apply to the property of foundations.

The provisions concerning international activities of associations and their establishment of higher organisations shall also apply by analogy to foundations.

Special provisions concerning foundations of public benefit or foundations established by special laws are reserved.

Engagement arises from a promise to marry.

An engagement shall not bind a minor or a person under guardianship without the consent of his or her legal representatives.

Engagement does not give rise to a right of action to compel marriage.

A penalty for withdrawal or a penalty clause stipulated for the case of refusal to marry may not be sued for; however, payments made may not be reclaimed either.

If one of the engaged persons breaks off the engagement without just cause, or the engagement is broken off for a reason attributable to one of the parties, the party at fault is obliged to pay the other appropriate compensation, within the framework of the rules of good faith, for the expenses incurred and the material sacrifices made with a view to marriage. The same rule shall also apply to the expenses of the engagement.

The mother and father of the party entitled to claim compensation, or persons acting as such, may also claim appropriate compensation, under the same conditions, for the expenses they have incurred.

The party whose personality right has been infringed as a result of the breaking off of the engagement may claim payment of an appropriate sum of money as non-pecuniary damages from the other party at fault.

If the engagement ends for a reason other than marriage, gifts beyond the customary ones given by the engaged persons to each other, or by the mother and father or persons acting as such to the other engaged person, may be reclaimed by those who gave them.

If the gift cannot be returned in kind or in equivalent, the provisions on unjust enrichment shall apply.

Rights of action arising from the termination of an engagement shall become time-barred upon the lapse of one year from the termination.

A man or a woman may not marry unless he or she has completed the age of seventeen.

However, the judge may, in extraordinary circumstances and for a very important reason, permit a man or a woman who has completed the age of sixteen to marry. Where possible, the mother and father or the guardian shall be heard before the decision.

Persons lacking the capacity of discernment may not marry.

A minor may not marry without the permission of his or her legal representative.

A person under guardianship may not marry without the permission of his or her legal representative.

The judge may, after hearing the legal representative who refuses without just cause to permit the marriage, permit the marriage of the minor or the person under guardianship who has applied in this respect.

Marriage is prohibited between the following persons:

1. Between ascendants and descendants; between siblings; between uncles and aunts (paternal or maternal) and their nephews and nieces,

2. Between one spouse and the ascendants or descendants of the other, even if the marriage that created the relationship by affinity has ended,

3. Between the adopter and the adoptee, or between one of them and the descendants or spouse of the other.

A person wishing to remarry is obliged to prove that his or her previous marriage has ended.

The spouse of a person declared absent may not remarry unless the court has decided on the dissolution of the marriage.

The spouse of the missing person may request the dissolution of the marriage together with the application for a declaration of absence or by way of a separate action.

The dissolution of the marriage by way of a separate action shall be requested from the court of the claimant's domicile.

If a marriage has ended, the woman may not marry until three hundred days have elapsed from the end of the marriage.

The period ends upon giving birth.

The court shall waive this period where it is established that the woman is not pregnant from her previous marriage, or where the spouses whose marriage has ended wish to remarry each other.

Mentally ill persons may not marry unless it is established by an official medical board report that there is no medical objection to their marriage.

The man and woman who are to marry each other shall apply together to the marriage registry office of the place where one of them resides.

The marriage officer is, in places where there is a municipality, the mayor or the officer he or she assigns to this task, and in villages, the headman (muhtar).

The application shall be made in writing or orally by the persons who are to marry.

Each of the man and the woman is obliged to submit to the marriage registry office his or her identity card and civil registry record extract, the document relating to the end of any previous marriage, and, if he or she is a minor or under guardianship, also the written permission of his or her legal representative with a certified signature, and a medical report showing that he or she has no illness constituting an impediment to marriage.

The marriage officer shall examine the application for marriage and the documents required to be annexed thereto. If he finds any deficiency in the application, he shall remedy it or cause it to be remedied.

If it is established that the application has not been made in accordance with the procedure, that one of the intending spouses lacks capacity to marry, or that there is a legal impediment to the marriage, the application for marriage shall be rejected and the intending spouses shall be notified of this in writing without delay.

Each of the intending spouses may apply to the court against the rejection decision of the marriage officer. The objection shall be examined on the documents and decided with final effect.

However, actions brought against rejection decisions on the ground that one of the causes of absolute nullity exists shall be heard under the simple trial procedure (…).

If the marriage officer establishes that the conditions of marriage are fulfilled, or if the rejection decision is set aside by the court, he shall notify the intending spouses of the day and time of the marriage or, if they so wish, issue them a marriage permit certificate.

The marriage permit certificate shall entitle the intending spouses to marry before any marriage officer within six months from the date of its issue.

Where it is established that the conditions of marriage are not fulfilled, or where six months have elapsed since the issue of the documents, the marriage officer may not perform the marriage ceremony.

The marriage ceremony shall be performed publicly at the marriage office before the marriage officer and two adult witnesses having the capacity of discernment. However, at the request of the intending spouses, the ceremony may also be performed at other places that the marriage officer deems appropriate.

The marriage officer shall ask each of the intending spouses whether they wish to marry each other. The marriage is concluded at the moment the parties give their affirmative oral answers. The officer shall declare that the marriage has been concluded in accordance with the law with the mutual consent of the parties.

Immediately upon completion of the marriage ceremony, the marriage officer shall give the spouses a family register booklet.

The religious ceremony of marriage may not be performed unless the family register booklet is shown.

The validity of the marriage is not dependent on the performance of a religious ceremony.

The marriage procedure, the marriage register, correspondence relating to marriage and other matters concerning marriage shall be governed by regulation.

A marriage is void by absolute nullity in the following cases:

1. Where one of the spouses was already married at the time of the marriage,

2. Where one of the spouses lacked the capacity of discernment for a permanent cause at the time of the marriage,

3. Where one of the spouses suffers from a mental illness of a degree constituting an impediment to marriage,

4. Where there exists between the spouses kinship of a degree constituting an impediment to marriage.

An action for absolute nullity shall be brought ex officio by the public prosecutor.

This action may also be brought by any person having an interest.

The absolute nullity of a marriage that has ended may not be sued for ex officio by the public prosecutor; however, any interested person may request that the absolute nullity be adjudicated.

Where the capacity of discernment has subsequently been acquired or the mental illness has been cured, an action for absolute nullity may be brought only by the spouse who has subsequently acquired the capacity of discernment or whose mental illness has been cured.

Where a person who remarried while still married had his or her previous marriage ended before a decision of absolute nullity was rendered and the other spouse in the second marriage was in good faith, the nullity of this marriage may not be decided.

A spouse who, at the time of the marriage, lacked the capacity of discernment for a temporary cause may sue for the annulment of the marriage.

One of the spouses may sue for the annulment of the marriage in the following cases:

1. Where, by mistake, he or she consented to this marriage although he or she did not wish to marry at all or did not intend to marry the person whom he or she married,

2. Where he or she married under a mistake as to an essential quality of the other spouse, the absence of which renders living together with that spouse intolerable for him or her.

One of the spouses may sue for the annulment of the marriage in the following cases:

1. Where he or she was induced to consent to the marriage by being deceived as to the honour and dignity of the other spouse, either directly by that spouse or by another person with that spouse's knowledge,

2. Where a disease posing a serious danger to the health of the claimant or of his or her descendants was concealed from him or her.

A spouse who was induced to consent to the marriage by being threatened with a very imminent and serious danger to the life, health, or honour and dignity of himself or herself or of one of his or her close relatives may sue for the annulment of the marriage.

The right to bring an action for annulment shall lapse upon the expiry of six months from the date on which the ground for annulment was discovered or the effect of the fear ceased, and in any event upon the expiry of five years from the marriage.

If a minor or a person under interdiction marries without the consent of his or her legal representative, the legal representative whose consent was not obtained may sue for the annulment of the marriage.

The annulment of the marriage may not be decided if the person who married in this manner subsequently attains majority by completing the age of eighteen, ceases to be under interdiction, or if the wife becomes pregnant.

The marriage of a woman before the expiry of the waiting period does not entail the nullity of the marriage.

The nullity of a marriage concluded before an officer authorised to perform marriages may not be decided on the ground of non-compliance with the other formal rules of the law.

A void marriage shall end only by a decision of the judge. Even in the case of absolute nullity, the marriage produces all the effects of a valid marriage until the decision of the judge.

Children born of a marriage whose nullity has been decided by the court shall be deemed to have been born within marriage, even if the mother and father were not in good faith.

The provisions relating to divorce shall apply to the relations between the children and the mother and father.

If the nullity of the marriage is decided, the spouse who was in good faith at the time of the marriage shall retain the personal status acquired through this marriage.

The provisions relating to divorce shall apply with respect to the liquidation of the matrimonial property regime between the spouses, compensation, maintenance and surname.

The right to sue for the nullity of a marriage does not pass to the heirs. However, the heirs may pursue an action already brought. A surviving spouse who is found, as a result of the action, not to have been in good faith at the time of the marriage may not be a statutory heir and shall also lose the rights conferred on him or her by dispositions mortis causa made earlier.

In an action for nullity of marriage, the provisions relating to divorce shall apply with respect to jurisdiction and trial procedure.

If one of the spouses commits adultery, the other spouse may bring an action for divorce.

The right of action shall lapse upon the expiry of six months from the date on which the spouse entitled to sue learned of the ground for divorce, and in any event upon the expiry of five years from the act of adultery.

The party who has forgiven has no right of action.

Each of the spouses may bring an action for divorce on the ground that the other has made an attempt on his or her life, has treated him or her very badly, or has engaged in conduct seriously offending his or her dignity.

The right of action shall lapse upon the expiry of six months from the date on which the spouse entitled to sue learned of the ground for divorce, and in any event upon the expiry of five years from the arising of this ground.

The party who has forgiven has no right of action.

If one of the spouses commits a degrading offence or leads a dishonourable life and, for these reasons, the other spouse cannot be expected to live together with him or her, that spouse may bring an action for divorce at any time.

Where one of the spouses has abandoned the other with the intention of not fulfilling the obligations arising from the marital union, or has not returned to the common residence without a justified reason, the abandoned spouse may bring an action for divorce if the separation has lasted at least six months, this situation continues, and a warning issued upon request by a judge or notary public has remained without result. A spouse who compels the other to leave the common residence or prevents the other from returning to the common residence without a justified reason shall also be deemed to have abandoned.

Upon the request of the spouse entitled to sue, the judge or notary public, without examining the merits, shall in the warning advise the abandoning spouse that he or she must return to the common residence within two months and of the consequences that will arise if he or she does not return. Where necessary, this warning shall be given by public announcement. However, a warning may not be requested unless the fourth month of the specified period for bringing an action for divorce has ended, and an action may not be brought until two months have elapsed after the warning.

If one of the spouses is mentally ill and, as a result, common life becomes intolerable for the other spouse, that spouse may bring an action for divorce, provided that it is established by an official medical board report that the illness is incurable.

If the marital union has been so fundamentally shaken that the spouses cannot be expected to continue their common life, each of the spouses may bring an action for divorce.

In the cases specified in the paragraph above, if the fault of the claimant is graver, the defendant has the right to object to the action brought. Nevertheless, divorce may be decided if this objection amounts to an abuse of right and there remains no interest worthy of protection, for the defendant and the children, in the continuation of the marital union.

If the marriage has lasted at least one year, the marital union shall be deemed fundamentally shaken where the spouses apply jointly or one spouse accepts the action of the other. In this case, in order for a divorce decision to be rendered, the judge must personally hear the parties and be satisfied that their wills have been freely expressed, and must find appropriate the arrangement to be accepted by the parties concerning the financial consequences of the divorce and the situation of the children. The judge, taking into account the interests of the parties and the children, may make such amendments to this agreement as he deems necessary. If these amendments are also accepted by the parties, divorce shall be decreed. In this case, the provision that admissions of the parties shall not bind the judge does not apply.

Amended paragraph 4: 14/11/2024, Law No. 7532, Art. 13 Where an action brought on any of the grounds for divorce has been dismissed and one year has elapsed from the date on which this decision became final, if common life could not be re-established for whatever reason, the marital union shall be deemed fundamentally shaken and divorce shall be decided upon the request of one of the spouses.

A spouse entitled to bring an action for divorce may request either divorce or separation, as he or she wishes.

In actions for divorce or separation, the competent court is the court of the domicile of one of the spouses or of the place where they last lived together for six months before the action.

When an action for divorce or separation is brought, the judge shall ex officio take the interim measures necessary for the duration of the proceedings, in particular those concerning the housing and maintenance of the spouses, the administration of the spouses' property, and the care and protection of the children.

If the ground for divorce is proven, the judge shall decide on divorce or separation.

If the action relates only to separation, divorce may not be decided.

If the action relates to divorce, separation may be decided only where there is a possibility of re-establishing common life.

Separation may be decided for a period of one to three years. This period shall begin to run when the separation decision becomes final.

Upon expiry of the period, the state of separation shall end automatically.

If common life has not been re-established, each of the spouses may bring an action for divorce.

In regulating the consequences of the divorce, the facts proven in the first action and the circumstances that arose during the period of separation shall be taken into account.

In the event of divorce, the woman retains the personal status acquired through marriage; however, she resumes the surname she bore before the marriage. If the woman was a widow before the marriage, she may request the judge to permit her to bear her maiden surname.

If it is proven that the woman has an interest in using the surname of her divorced husband and that this will cause no harm to the husband, the judge shall, upon her request, permit her to bear her husband's surname.

The husband may request the revocation of this permission in the event of a change in circumstances.

A party who is not at fault or is less at fault and whose existing or expected interests are impaired by the divorce may claim appropriate material compensation from the party at fault.

A party whose personality rights have been infringed by the events causing the divorce may claim from the other party, who is at fault, payment of an appropriate sum of money as non-pecuniary compensation.

A party who will fall into poverty as a result of the divorce may, provided that his or her fault is not graver, claim maintenance for his or her subsistence from the other party for an indefinite period in proportion to the latter's financial capacity.

Fault on the part of the person liable for maintenance is not required.

It may be decided that material compensation and poverty maintenance be paid as a lump sum or, according to the requirements of the situation, in the form of periodic payments.

It may not be decided that non-pecuniary compensation be paid in the form of periodic payments.

Material compensation or maintenance ordered to be paid in the form of periodic payments shall terminate automatically upon the remarriage of the creditor party or the death of one of the parties; it shall be terminated by court decision if the creditor party in fact lives as if married without marriage, ceases to be in poverty, or leads a dishonourable life.

Where the financial situation of the parties changes or where equity so requires, an increase or reduction of the periodic payments may be decided.

The judge may, upon request, decide what amount of the material compensation or maintenance ordered to be paid in the form of periodic payments shall be paid in future years according to the social and economic situation of the parties.

In actions for maintenance to be brought after divorce, the court of the domicile of the maintenance creditor shall have jurisdiction.

Rights of action arising from the termination of the marriage by divorce shall become time-barred upon the expiry of one year from the date on which the divorce judgment became final.

In the liquidation of the matrimonial property regime, the provisions relating to the regime to which the spouses are subject shall apply.

If separation is decided, the court may, according to the duration of the separation and the circumstances of the spouses, decide to dissolve the matrimonial property regime adopted between them by contract.

Divorced spouses may not, in that capacity, be statutory heirs of each other and shall lose the rights conferred on them by dispositions mortis causa made before the divorce, unless the contrary appears from the disposition.

Amended paragraph 2: 31/3/2011, Law No. 6217, Art. 19 The provision of the paragraph above shall also apply where, while the divorce action is pending, one of the heirs of the deceased spouse continues the action and the fault of the other spouse is proven.

When deciding on divorce or separation, the court shall, after hearing the mother and father where possible and, if the child is under guardianship, after obtaining the opinion of the guardian and the guardianship authority, regulate the rights of the mother and father and their personal relations with the child.

Added paragraph 2: 24/11/2021, Law No. 7343, Art. 37 The court shall warn in its decision that, if the requirements of the arrangement for personal relations are not complied with, custody may be changed, provided that this is not contrary to the best interests of the child.

In regulating the personal relations with the child of the spouse to whom the exercise of custody has not been granted, the interests of the child, in particular with respect to health, education and morals, shall be the basis. This spouse is obliged to contribute to the costs of care and education of the child in proportion to his or her means.

The judge may, upon request, decide what amount of these costs ordered to be paid in the form of periodic payments shall be paid in future years according to the social and economic situation of the parties.

Where new facts, such as the marriage of the mother or father to another person, his or her moving to another place or death, so require, the judge shall take the necessary measures ex officio or upon the request of either the mother or the father.

Proceedings in divorce shall be subject to the Code of Civil Procedure, without prejudice to the following rules:

1. The judge may not deem the facts on which the action for divorce or separation is based to be proven unless he is convinced in conscience of their existence.

2. The judge may not propose an oath to the parties concerning these facts, either ex officio or upon request.

3. Admissions of any kind by the parties on this matter shall not bind the judge.

4. The judge shall freely evaluate the evidence.

5. Agreements concerning the ancillary consequences of divorce or separation shall not be valid unless approved by the judge.

6. The judge may, upon the request of one of the parties, decide that the hearing be held in camera.

The marital union between the spouses is established by marriage.

The spouses are obliged to secure the happiness of this union jointly and to attend together to the care, education and supervision of the children.

The spouses are bound to live together, to remain faithful to each other and to assist each other.

The spouses shall choose together the residence in which they will live.

The spouses shall manage the union jointly.

The spouses shall contribute to the expenses of the union, in proportion to their means, with their labour and assets.

Sentences annulled by Constitutional Court decision of 22/2/2023, E. 2022/155, K. 2023/38

Each of the spouses represents the marital union for the ongoing needs of the family for as long as common life continues.

For the other needs of the family, one of the spouses may represent the union only in the following cases:

1. Where he or she has been authorised by the other spouse or, for justified reasons, by the judge,

2. Where delay would be detrimental to the interests of the union and the consent of the other spouse cannot be obtained because of illness, absence or similar reasons.

Where the power to represent the union is exercised, the spouses shall be jointly and severally liable towards third parties.

Each of the spouses is personally liable for transactions he or she has carried out without the power to represent the union. However, where the power of representation has been exceeded in a manner not recognisable by third parties, the spouses shall be jointly and severally liable.

If one of the spouses exceeds the power to represent the union or proves incapable of exercising this power, the judge may, upon the request of the other spouse, revoke or restrict the power of representation. The requesting spouse may notify third parties of the revocation or restriction of the power of representation only by personal notice.

The revocation or restriction of the power of representation shall have effect against third parties in good faith only if it is publicly announced by decision of the judge.

The decision concerning the revocation or restriction of the power of representation may be modified by the judge upon the request of one of the spouses when circumstances change.

If the first decision was publicly announced, the decision concerning the modification shall also be publicly announced.

Neither spouse is obliged to obtain the permission of the other in choosing a profession or occupation. However, in choosing a profession and occupation and in pursuing them, the peace and interests of the marital union shall be taken into account.

Unless otherwise provided by law, each of the spouses may enter into any legal transaction with the other spouse and with third parties.

Neither spouse may, without the express consent of the other spouse, terminate the lease contract relating to the family residence, transfer the family residence, or restrict the rights over the family residence.

A spouse who is unable to obtain consent, or to whom consent is refused without a justified reason, may request the intervention of the judge.

A spouse who is not the owner of the immovable property allocated as the family residence may request the land registry directorate to enter the necessary annotation concerning the residence in the land register.

Where the family residence has been obtained by one of the spouses under a lease, the spouse who is not a party to the contract becomes a party to the contract by notice to the lessor, and the spouse making the notice shall be jointly and severally liable with the other.

Where the obligations arising from the marital union are not fulfilled or the spouses disagree on an important matter concerning the marital union, the spouses may, separately or jointly, request the intervention of the judge.

The judge shall remind the spouses of their obligations, shall endeavour to reconcile them and may, with the joint consent of the spouses, request the assistance of experts.

Where necessary, the judge shall, upon the request of one of the spouses, take the measures provided for by law.

At the request of either spouse, the judge shall determine the monetary contribution each of them is to make towards the maintenance of the family.

A spouse's performance of household work, care of the children and unpaid work in the business of the other spouse shall be taken into account in determining the amount of the contribution.

These contributions may be claimed for the past one year and for future years.

Either spouse is entitled to live separately for as long as his or her personality, economic security or the peace of the family is seriously endangered by the common life.

Where the suspension of living together is based on a justified reason, the judge shall, at the request of either spouse, take measures concerning the monetary contribution to be made by one spouse to the other, the use of the dwelling and household goods, and the management of the spouses' property.

Either spouse may also make the above requests where the other spouse refuses to live together without a justified reason or where the common life has become impossible for another reason.

Where the spouses have minor children, the judge shall take the necessary measures in accordance with the provisions governing the relations between the parents and the children.

Where one of the spouses fails to fulfil the obligation to contribute to the expenses of the union, the judge may order that spouse's debtors to make payment, in whole or in part, to the other spouse.

To the extent required for the protection of the economic existence of the family or for the fulfilment of a financial obligation arising from the marital union, the judge may, at the request of either spouse, decide that dispositions concerning assets to be specified by the judge may be made only with that spouse's consent.

In that case, the judge shall take the necessary measures.

Where the judge removes a spouse's power of disposition over immovable property, the judge shall, of his or her own motion, order that the situation be annotated in the land register.

Where circumstances change, the judge shall, at the request of either spouse, make the necessary amendment to his or her decision or, if the reason for it has ceased to exist, lift the measure taken.

The court having jurisdiction over measures for the protection of the marital union is the court of the domicile of either spouse.

Where the spouses have different domiciles and both have requested that measures be taken, the competent court is the court of the domicile of the spouse who made the first request.

The court having jurisdiction to amend, supplement or lift measures is the court that ordered the measures. However, where the domiciles of both spouses have changed, the competent court is the court of the new domicile of either spouse.

The principle is that the regime of participation in acquired property applies between the spouses.

The spouses may, by a marital property agreement, adopt one of the other regimes provided for by law.

A marital property agreement may be concluded before or after marriage. The parties may choose, abolish or change the marital property regime they wish only within the limits laid down by law.

A marital property agreement may be concluded only by persons having the capacity of discernment.

Minors and persons under guardianship must obtain the consent of their legal representatives.

A marital property agreement shall be made in the form of a notarial deed drawn up or certified by a notary. However, the parties may also notify in writing, at the time of applying for marriage, which marital property regime they have chosen.

The marital property agreement must be signed by the parties and, where necessary, by their legal representatives.

Where there is a justified reason, the judge may, at the request of either spouse, order that the existing marital property regime be converted into separation of property.

A justified reason shall be deemed to exist in particular in the following cases:

1. Where the property of the other spouse is overindebted or his or her share in the community has been attached,

2. Where the other spouse has endangered the interests of the requesting spouse or of the community,

3. Where the other spouse refuses without a justified reason to give the consent required for a disposition over the community property,

4. Where the other spouse refuses to inform the requesting spouse about his or her property, income, debts or the community property,

5. Where the other spouse is permanently incapable of discernment.

Where one of the spouses is permanently incapable of discernment, his or her legal representative may also, relying on this ground, request that separation of property be ordered.

The competent court is the court of the domicile of either spouse.

The spouses may at any time, by a new marital property agreement, adopt the previous or another marital property regime.

Where the reason requiring the transition to separation of property has ceased to exist, the judge may, at the request of either spouse, order a return to the former marital property regime.

Where one of the spouses who have adopted community of property is declared bankrupt, the community shall be converted automatically into separation of property.

A creditor who has initiated enforcement proceedings against one of the spouses who have adopted community of property and who suffers loss in the execution of the attachment may request the judge to order separation of property.

The creditor's request shall be directed against both spouses.

The competent court is the court of the debtor's domicile.

Where the creditor has been satisfied, the judge may, at the request of either spouse, order the re-establishment of community of property.

The spouses may, by a marital property agreement, adopt the regime of participation in acquired property.

Where separation of property takes effect, the liquidation of the previous marital property regime between the spouses shall be carried out in accordance with the provisions governing that regime, unless otherwise provided by law.

The establishment or modification of a marital property regime or the liquidation of the previous regime may not exempt from liability the property out of which the creditors of either spouse or of the community could satisfy their claims.

The spouse to whom such property has passed is personally liable for the debts; however, he or she may release himself or herself from liability to the extent that he or she proves that the property in question is insufficient to pay the debt.

In actions between spouses or heirs concerning the liquidation of a marital property regime, the following courts have jurisdiction:

1. Where the marital property regime is terminated by death, the court of the last domicile of the deceased,

2. Where divorce, annulment of the marriage or separation of property by the judge is ordered, the court having jurisdiction in those actions,

3. In other cases, the court of the domicile of the defendant spouse.

Where one of the spouses entrusts, expressly or tacitly, the management of his or her property to the other spouse, the provisions on agency shall apply unless otherwise agreed.

Each spouse may at any time request the other to draw up an inventory of his or her property by official deed.

If this inventory has been drawn up within one year from the bringing in of the property, it shall be presumed to be correct unless the contrary is proved.

The marital property regime does not prevent debts between the spouses from becoming due. Nevertheless, where the performance of a debt would cause the debtor spouse serious difficulties to a degree that would endanger the marital union, that spouse may request time for payment. Where the circumstances so require, the judge shall oblige the requesting spouse to provide security.

The regime of participation in acquired property comprises the acquired property and the personal property of each spouse.

Acquired property consists of the assets obtained by each spouse against consideration during the continuance of this marital property regime.

The acquired property of a spouse comprises in particular:

1. Earnings from his or her work,

2. Payments made by social security or social assistance institutions and organisations or by funds and similar bodies established for the purpose of assisting personnel,

3. Compensation paid on account of loss of the capacity to work,

4. Income from his or her personal property,

5. Assets replacing acquired property.

The following are personal property by operation of law:

1. Items serving exclusively the personal use of one of the spouses,

2. Assets belonging to one of the spouses at the beginning of the marital property regime or subsequently acquired by a spouse by inheritance or by any other gratuitous means,

3. Claims for non-pecuniary damages,

4. Assets replacing personal property.

The spouses may agree, by a marital property agreement, that assets which would form part of the acquired property and which arise from the exercise of a profession or the operation of a business shall be deemed personal property.

The spouses may also agree, by a marital property agreement, that the income from personal property shall not form part of the acquired property.

A person who claims that a particular item of property belongs to one of the spouses bears the burden of proving that claim.

Property which cannot be proved to belong to either spouse shall be deemed to be in their co-ownership.

All property of a spouse shall be deemed acquired property until the contrary is proved.

Within the limits of the law, each spouse has the right to manage, enjoy and dispose of his or her personal property and acquired property.

Unless otherwise agreed, neither spouse may dispose of his or her share in co-owned property without the consent of the other.

Each spouse is liable for his or her own debts with all his or her property.

The marital property regime ends upon the death of one of the spouses or upon the adoption of another marital property regime.

Where the court orders the termination of the marriage by annulment or divorce or the transition to separation of property, the marital property regime ends with effect from the date of the action.

Each spouse takes back his or her property that is in the possession of the other spouse.

Where, during liquidation, there is property subject to co-ownership, either spouse may, in addition to availing himself or herself of the other options provided for by law, request that the property be allocated to him or her undivided, by proving a superior interest and paying the other spouse's share.

The spouses may settle their mutual debts.

Where one of the spouses has contributed, without receiving any or adequate consideration, to the acquisition, improvement or preservation of property belonging to the other, he or she shall, upon liquidation, have a claim in proportion to his or her contribution for the increase in value of that property, and this claim shall be calculated according to the value of the property at the time of liquidation; in the event of a loss in value, the original value of the contribution shall be taken as the basis.

Where such property has previously been disposed of, the judge shall determine the claim to be paid to the other spouse in accordance with equity.

The spouses may, by written agreement, waive their share in the increase in value or change the proportion of the share.

The personal property and the acquired property of the spouses shall be separated according to their state at the time of termination of the marital property regime.

Lump-sum payments made to one of the spouses by social security or social assistance institutions, or compensation paid on account of loss of the capacity to work, shall be taken into account in the liquidation as personal property in the amount equal to the capitalised value, as at the date of termination of the marital property regime, of the annuity for the subsequent period that would have been paid had a life annuity been granted instead of the lump-sum payment or compensation in accordance with the procedure applied by the relevant social security or social assistance institution.

The following shall be added in value to the acquired property:

1. Gratuitous dispositions, other than customary gifts, made by one of the spouses without the consent of the other spouse within the one year preceding the termination of the marital property regime,

2. Transfers made by a spouse during the continuance of the marital property regime with the intention of reducing the other spouse's participation claim.

In disputes concerning such dispositions or transfers, the court judgment may also be relied upon against third parties benefiting from the disposition or transfer, provided that they have been notified of the action.

Where debts of a spouse relating to personal property have been paid out of acquired property, or debts relating to acquired property have been paid out of personal property, compensation may be claimed upon liquidation.

Each debt burdens the category of property to which it relates. A debt for which it cannot be determined to which category it belongs shall be deemed to relate to acquired property.

Where one category of property has contributed to the acquisition, improvement or preservation of property in the other category, compensation in the event of an increase or decrease in value shall be made in proportion to the contribution and according to the value of the property at the time of liquidation or, if the property has previously been disposed of, in accordance with equity.

The surplus value is the amount remaining after deducting the debts relating to the acquired property from the total value of each spouse's acquired property, including the amounts obtained through additions and compensation.

A deficit shall not be taken into account.

In the liquidation of the marital property regime, the market value of the property shall be taken as the basis.

The share in the increase in value and the participation claim in respect of an agricultural enterprise which one spouse continues to operate personally as owner, or the allocation of which as a whole the surviving spouse or a descendant is entitled to request, shall be calculated taking into account its income value.

The owner of the agricultural enterprise or his or her heirs may request that the share in the increase in value or the participation claim that may be asserted against the other spouse be calculated solely on the basis of the market value of the enterprise.

The provisions of the law of succession concerning valuation and the payment of shares to heirs from the profits of the enterprise shall apply by analogy.

Where special circumstances so require, the calculated value may be increased by an appropriate amount.

Special circumstances include in particular the living conditions of the surviving spouse, the purchase price of the agricultural enterprise, as well as the investments made by or the financial situation of the spouse to whom the agricultural enterprise belongs.

Acquired property existing at the time of termination of the marital property regime shall be taken into account at its value at the time of liquidation.

The value of property to be added to the acquired property for calculation purposes shall be calculated on the basis of the date on which the property was transferred.

Each spouse or his or her heirs are entitled to one half of the surplus value of the other spouse. The claims shall be set off.

In the case of divorce on the ground of adultery or attempt on life, the judge may decide that the share of the spouse at fault in the surplus value be reduced or removed in accordance with equity.

A different basis for participation in the surplus value may be adopted by a marital property agreement.

Such agreements may not impair the reserved portions of the children who are not common children of the spouses and of their descendants.

Where the court orders the termination of the marriage by annulment or divorce or the transition to separation of property, agreements deviating from the statutory rules on participation in the surplus value shall be valid only if this is expressly provided for in the marital property agreement.

The participation claim and the share in the increase in value may be paid in kind or in money. In payment in kind, the market value of the property shall be taken as the basis; the economic integrity of units devoted to the exercise of a profession and of enterprises shall be taken into account.

Where immediate payment of the participation claim and the share in the increase in value would cause the debtor spouse serious difficulties, he or she may request that payment be deferred for a reasonable period.

Unless otherwise agreed, interest shall accrue on the participation claim and the share in the increase in value from the end of the liquidation; where the circumstances so require, security may also be demanded from the debtor.

In order to be able to maintain his or her former way of life, the surviving spouse may request that a right of usufruct or a right of habitation be granted to him or her over the dwelling which belonged to the deceased spouse and in which they lived together, by way of set-off against his or her participation claim and, if that is insufficient, upon payment of an additional amount; other arrangements adopted by a marital property agreement are reserved.

Under the same conditions, the surviving spouse may request that ownership of the household goods be granted to him or her.

Where there are justified reasons, ownership of the dwelling may be granted instead of a right of usufruct or habitation at the request of the surviving spouse or of the statutory heirs of the deceased spouse.

The surviving spouse may not exercise these rights in respect of premises in which the deceased exercised a profession or trade and which are necessary for a descendant to exercise the same profession or trade. The provisions of the law of succession concerning agricultural immovables are reserved.

Where, upon liquidation, the property or estate of the debtor spouse does not cover the participation claim, the creditor spouse or his or her heirs may claim from the third parties benefiting from them the gratuitous dispositions to be taken into account in the acquired property, limited to the outstanding amount.

The right of action lapses upon the expiry of one year from the date on which the creditor spouse or his or her heirs learned that their rights had been impaired and, in any event, upon the expiry of five years from the termination of the marital property regime.

Apart from the provisions of the above paragraph and the rules on jurisdiction, the provisions on the action for abatement in succession shall apply by analogy.

Under the regime of separation of property, each spouse retains, within the limits of the law, the rights of management, enjoyment and disposition over his or her own property.

With regard to proof, liability for debts and the allocation of co-owned property, the provisions on the regime of separation of property with sharing shall apply.

Each spouse retains, within the limits of the law, the rights of management, enjoyment and disposition over his or her own property.

A person who claims that a particular item of property belongs to one of the spouses bears the burden of proving that claim.

Property which cannot be proved to belong to either spouse shall be deemed to be in their co-ownership.

Each spouse is liable for his or her own debts with all his or her property.

The marital property regime ends upon the death of one of the spouses or upon the adoption of another marital property regime.

Where the court orders the termination of the marriage by annulment or divorce or the transition to separation of property, the marital property regime likewise ends with effect from the date of the action.

Each spouse takes back his or her property that is in the possession of the other spouse.

Upon termination of the regime of separation of property with sharing, the spouse who proves a superior interest may, in addition to other measures, request that the co-owned property be allocated to him or her by paying the other spouse the equivalent of the other spouse's share as at the date of payment.

Where one of the spouses has contributed, without receiving any or adequate consideration, to the acquisition, improvement or preservation of property belonging to the other and excluded from sharing, he or she may, upon termination of the marital property regime, request payment of an equitable amount in proportion to his or her contribution.

The same claim also applies to assets replacing property excluded from sharing.

Property acquired by one of the spouses after the establishment of the regime of separation of property with sharing and allocated to the common use and enjoyment of the family, investments aimed at securing the economic future of the family, or assets replacing them, shall be shared equally between the spouses upon termination of the marital property regime. In the sharing, the economic integrity of enterprises shall be taken into account.

This provision shall not apply to claims for non-pecuniary damages, property acquired by inheritance, or, unless the contrary follows from the express intention of the person making the gratuitous disposition, property acquired through dispositions inter vivos or mortis causa.

Where one of the spouses has disposed of an asset without consideration before the division with the intent of reducing the other spouse's share, the judge shall determine, in accordance with equity, the equalisation payment to be received by the other spouse.

Gratuitous dispositions, other than customary gifts, made without the consent of the other spouse within the one year preceding the termination of the matrimonial property regime shall be presumed to have been made with the intent of reducing that spouse's share.

In disputes concerning such dispositions, the court decision may also be invoked against third persons who benefited from the disposition, provided that the action has been notified to them.

In the event of divorce on the grounds of adultery or attempt on life, the judge may decide that the share of the spouse at fault be reduced or removed in accordance with equity.

Division in kind shall be the rule. Where this is not possible, the shares shall be equalised by adding a payment. The payment that one of the spouses is to make to the other shall be calculated according to the market values of the assets at the time of liquidation. In this calculation, debts arising from the acquisition of the assets subject to division shall be deducted.

If immediate payment of the equalisation payment would cause serious difficulties for him or her, the debtor spouse may request that the payments be deferred for a reasonable period.

Unless otherwise agreed, interest shall accrue on the equalisation payment from the end of the liquidation; where the circumstances and conditions so require, security may additionally be requested from the debtor.

Where the marriage is terminated by a decision of annulment or divorce, the spouses may agree as to which of them shall continue to remain in the dwelling allocated to the common use of the family and subject to equal division between the spouses, and to use the household goods. The spouse who obtains the right to remain in the dwelling may request that this right be annotated in the land register.

Where the spouses cannot agree as to who shall continue to remain in the family dwelling and who shall continue to use the household goods, the judge shall, if equity so requires, decide ex officio together with the decision of annulment or divorce which of them shall have this right, taking into account the particular features of the case, the economic and social situations of the spouses and, if any, the interests of the children; in this decision the judge shall determine the period of residence and use and shall notify the land registry office for annotation in the land register.

Unless the judge decides otherwise, the right shall terminate automatically upon the expiry of the specified period. However, where there is a change in the situation of the benefiting party before this period expires, the other party may request the judge to review the decision.

If the spouses occupy the dwelling under a lease, the judge may, where necessary, decide that the spouse who is not the tenant of the dwelling shall remain in it. In this case, it shall be decided ex officio, together with the decision of annulment or divorce, that the arrangements necessary to secure the rights of the lessor arising from the contract be made.

In the event of the death of one of the spouses, if the assets subject to division include household goods or the dwelling in which the spouses lived together, the surviving spouse may request that ownership of these be granted to him or her, to be set off against his or her rights arising from inheritance and division and, if these are insufficient, with the addition of a payment.

Where there are just grounds, upon the request of the surviving spouse or of one of the other statutory heirs of the deceased, it may also be decided that a usufruct or a right of residence be granted instead of ownership.

The surviving spouse may not exercise these rights over the parts that are necessary for one of the descendants to practise the same profession or trade that the deceased practised. The provisions of inheritance law relating to agricultural immovables are reserved.

The community of property regime comprises the community property and the personal property of the spouses.

In general community of property, the assets and income of the spouses, other than those deemed personal property by law, constitute the community property.

The spouses shall own the community property as an undivided whole.

Neither spouse shall have the right to dispose alone of his or her share in the community.

The spouses may, by a matrimonial property contract, adopt a community consisting only of acquired property.

The income from personal property shall also be included in this community.

The spouses may, by a matrimonial property contract, exclude from the community certain assets or types of assets, in particular immovables, the earnings of one spouse, and the assets used by a spouse for the practice of a profession or trade.

Unless otherwise provided in the contract, the income from these assets shall not be included in the community.

Personal property is determined by a matrimonial property contract, by a gratuitous disposition of a third person, or by law.

The items reserved exclusively for the personal use of each of the spouses and claims for non-pecuniary damages shall be personal property by operation of law.

Assets which a spouse may claim as a reserved portion may not be given to him or her as personal property by his or her testators to the extent that they have been included in the community by a matrimonial property contract.

Unless it is proven that they are the personal property of a spouse, all assets shall be deemed community property.

The spouses shall administer the community property in the interests of the marital union.

Within the limits of ordinary administration, each spouse may bind the community and dispose of the community property.

In matters falling outside ordinary administration, the spouses may bind the community or dispose of the assets only jointly or by one obtaining the consent of the other.

For third persons who do not know and are not in a position to know that consent is lacking, such consent shall be presumed to exist.

The provisions concerning representation of the marital union are reserved.

Where one of the spouses, with the consent of the other, practises a profession or trade alone using community property, he or she may carry out all legal transactions relating to that profession or trade.

Without the consent of the other, one of the spouses may neither renounce an inheritance that would fall into the community property nor, if the estate is overindebted, accept the inheritance.

If it is not possible to obtain the consent of the other spouse, or if the request in this regard is refused by him or her without just cause, the requesting spouse may apply to the court of his or her own domicile.

In the event of the termination of the community of property, each of the spouses shall be liable like an agent for transactions relating to the community property.

The costs of administration shall be borne by the community property.

Each of the spouses has the right, within the statutory limits, to administer his or her own personal property and to dispose of it.

If there is income falling into the personal property, the costs of administration shall be borne by that income.

Each of the spouses shall be liable with his or her personal property and with the community property for the following debts:

1. Debts incurred on the basis of the authority to represent the marital union or to administer the community property,

2. Debts incurred in the course of practising a profession or trade by using the community property or the income falling into the community property,

3. Debts which also give rise to personal liability for the other spouse,

4. Debts incurred by the spouses under an agreement with third persons that the community property shall also be liable in addition to personal property.

Each spouse shall be held liable for all other debts with his or her own personal property and up to half the value of the community property.

Claims arising from the enrichment of the community are reserved.

The matrimonial property regime shall not prevent debts between the spouses from becoming due. However, if performance of a debt would cause the debtor spouse such serious difficulties as to endanger the marital union, that spouse may request time for payment. Where the circumstances and conditions so require, the judge shall require the requesting spouse to provide security.

The matrimonial property regime ends upon the death of one of the spouses, the adoption of another matrimonial property regime, or the opening of bankruptcy against one of the spouses.

Where the court decides to terminate the marriage by annulment or divorce or to switch to separation of property, the matrimonial property regime shall end with effect from the date of the action.

In determining the scope of community property and personal property, the date on which the community of property ended shall be taken as the basis.

Lump-sum payments made to one of the spouses by social security or social assistance institutions, or compensation paid for loss of working capacity, shall be taken into account in the liquidation as personal property in the amount equal to the capitalised value, as at the date on which the matrimonial property regime ended, of the annuity for the subsequent period, had a life annuity been granted instead of the lump-sum payment or compensation in accordance with the procedure applied by the relevant social security or social assistance institution.

If the debts of a spouse relating to personal property have been paid from the community property, or debts relating to the community property have been paid from his or her personal property, equalisation may be requested during the liquidation.

Each debt burdens the category of property to which it relates. A debt whose category cannot be determined shall be deemed to relate to the community property.

Where a spouse's personal property or community property has contributed to the acquisition, improvement or preservation of an asset falling into another category of property, the provisions concerning the share in increased value under the regime of participation in acquired property shall apply.

Upon the termination of the matrimonial property regime, the time of liquidation shall be taken as the basis for valuing the existing community property.

Where the community of property ends due to the death of one of the spouses or the adoption of another matrimonial property regime, each spouse or his or her heirs shall be given half of the community property.

Another division ratio may be agreed upon by a matrimonial property contract.

Such agreements may not impair the reserved portions of the descendants.

In cases of divorce or annulment of the marriage, or of switching to separation of property by law or by court decision, each spouse shall take back from the community property those assets that would be deemed his or her personal property under the regime of participation in acquired property.

The remaining community property shall be divided equally between the spouses.

Agreements altering the statutory division shall be valid only if this is expressly provided for in the matrimonial property contract.

Where the community of property ends upon the death of one of the spouses, the surviving spouse may request that the assets which could be deemed his or her personal property under the regime of participation in acquired property be allocated to him or her, set off against his or her share.

If the dwelling in which the spouses lived together or the household goods are included in the community property, the surviving spouse may request that ownership of these be allocated to him or her, set off against his or her share.

Where there are just grounds, upon the request of the surviving spouse or of the other statutory heirs of the deceased, a usufruct or a right of residence may be granted over these instead of ownership.

Where the community of property regime ends for a reason other than death, each of the spouses may assert the same claims by proving the existence of an overriding interest.

A spouse may, by proving the existence of an overriding interest, also request that other assets be allocated to him or her, set off against his or her share.

In other cases, the provisions concerning co-ownership and the division of an inheritance shall apply by analogy.

Descent between a child and the mother is established by birth.

Descent between a child and the father is established by marriage with the mother, by acknowledgement, or by a judgment.

Descent is also established by adoption.

Actions relating to descent shall be brought before the court of the domicile of one of the parties at the time of the action or of the birth.

In actions relating to descent, the Code of Civil Procedure shall apply, subject to the following rules:

1. The judge shall investigate the material facts ex officio and shall freely assess the evidence.

2. The parties and third persons shall be obliged to consent to investigations and examinations which are necessary for establishing descent and do not pose a danger to their health. If the defendant does not consent to the investigation and examination ordered by the judge, the judge may, according to the circumstances and conditions, deem the result expected therefrom to have arisen against him or her.

The husband is the father of a child born during the marriage or within three hundred days from the termination of the marriage.

A child born after this period has elapsed may be attributed to the husband by proving that the mother became pregnant during the marriage.

Where a declaration of absence of the husband has been made, the period of three hundred days shall begin to run from the date of the danger of death or of the last news.

Amended: 7/11/2024, Law No. 7531, Art. 9

The husband, the mother or the child may rebut the presumption of paternity by bringing an action for denial of descent. This action shall be brought against the other persons who have the right to bring the action.

If the child was conceived during the marriage, the claimant must prove that the husband is not the father.

A child born at least one hundred and eighty days after the marriage and at most three hundred days after the termination of the marriage shall be deemed to have been conceived during the marriage.

If the child was conceived before the marriage or during a period of living apart, the claimant need not produce any other evidence.

However, if there is convincing evidence that the husband had sexual intercourse with his wife during the period of conception, the presumption of the husband's paternity shall remain valid.

The husband must bring the action within one year (…) from the date on which he learned of the birth and that he is not the father or that the mother had sexual intercourse with another man at the time she became pregnant.

The mother must bring an action within one year at the latest from the birth, and the child within one year at the latest from the date of attaining majority.

If the delay is based on a just cause, the one-year period shall begin to run on the date on which this cause ceases to exist.

If the child was born within three hundred days from the termination of the marriage and the mother has meanwhile remarried, the husband in the second marriage shall be deemed the father.

If this presumption is rebutted, the husband in the first marriage shall be deemed the father.

Amended paragraph 1: 7/11/2024, Law No. 7531, Art. 11 Where, before the expiry of the time limit for bringing the action, the husband dies, is declared absent or permanently loses the capacity to discern, the person claiming to be the father, or the descendants, mother or father of the husband, may bring an action for denial of descent within one year from the date on which they learned of the birth and of the husband's death, his permanent loss of the capacity to discern or the declaration of absence made in respect of him.

The curator to be appointed for a child who is not of age shall bring the action for denial of descent within one year (…) from the service upon him or her of the appointment decision.

The provisions concerning the action for denial of descent to be brought by the husband shall apply by analogy.

A child born out of wedlock shall automatically become subject to the provisions concerning children born in wedlock if his or her mother and father marry each other.

The spouses must notify their common children born out of wedlock, at the time of or after the marriage, to the civil registrar of their domicile or of the place where the marriage was concluded.

Failure to make the notification shall not prevent the child from becoming subject to the provisions concerning children born in wedlock.

When the mother and father of children whose descent has previously been established by acknowledgement or by a paternity judgment marry each other, the civil registrar shall carry out the necessary procedure ex officio.

The statutory heirs of the mother and father, the child and the public prosecutor may object to the establishment of descent by subsequent marriage. The objecting party shall bear the burden of proving that the husband is not the father.

The descendants of the child also have the right to object if the child has died or has permanently lost the capacity to discern.

The provisions concerning annulment of acknowledgement shall apply by analogy.

Acknowledgement is made by the father's written application to the civil registrar or to the court, or by a declaration made in an official deed or in his will.

If the person making the declaration of acknowledgement is a minor or under legal disability, the consent of his parent or guardian is also required.

A child who has a descent relationship with another man may not be acknowledged unless this relationship is invalidated.

The civil registrar, the judge of the civil court of peace or the notary before whom the declaration was made, or the judge who opened the will, shall notify the acknowledgement to the civil registry offices where the father and the child are registered.

The civil registry office where the child is registered shall in turn notify the acknowledgement to the child, to the child's mother and, if the child is under guardianship, to the guardianship authority.

The person who made the acknowledgement may bring an action for annulment of the acknowledgement on the grounds of mistake, fraud or duress.

The action for annulment shall be brought against the mother and the child.

The mother, the child and, in the event of the child's death, his or her descendants, the public prosecutor, the Treasury and other interested persons may bring an action for annulment of the acknowledgement.

The action shall be brought against the person who made the acknowledgement or, if he has died, against his heirs.

The claimant shall bear the burden of proving that the person who made the acknowledgement is not the father.

In an action for annulment brought by the mother or the child on the claim that the person who made the acknowledgement is not the father, the burden of proof shall arise only after the person who made the acknowledgement has produced convincing evidence that he had sexual intercourse with the mother during the period of conception.

The right of action of the person who made the acknowledgement shall lapse upon the expiry of one year from the date on which the ground for annulment was learned or the effect of the duress ceased and, in any event, upon the expiry of five years from the acknowledgement.

The right of action of interested persons shall lapse upon the expiry of one year from the date on which the claimant learned of the acknowledgement and that the person who made the acknowledgement cannot be the father of the child and, in any event, upon the expiry of five years from the acknowledgement.

The child's right of action shall lapse upon the expiry of one year from attaining majority.

Even if the above periods have expired, where there is a cause justifying the delay, an action may be brought within one month from the cessation of that cause.

The mother and the child may request that descent between the child and the father be established by the court.

The action shall be brought against the father or, if the father has died, against his heirs.

The paternity action shall be notified to the public prosecutor and the Treasury; if the action is brought by the mother, to the curator; and if it is brought by the curator, to the mother.

The fact that the defendant had sexual intercourse with the mother between the three hundredth day and the one hundred and eightieth day before the birth of the child shall be deemed a presumption of paternity.

Even outside this period, the same presumption shall apply if it is established that the defendant had sexual intercourse with the mother during the actual period of conception.

The presumption shall lose its validity if the defendant proves that it is impossible for him to be the father of the child or that the probability of a third person being the father is greater than his own.

The paternity action may be brought before or after the birth of the child. The mother's right of action shall lapse upon the expiry of one year from the birth.

Annulled paragraph 2: Constitutional Court decision of 27/10/2011, E. 2010/71, K. 2011/143

If there is a descent relationship between the child and another man, the one-year period shall begin to run on the date on which this relationship ceases to exist.

Where, after the one-year period has expired, there are causes justifying the delay, an action may be brought within one month from the cessation of the cause.

The mother may, together with the paternity action or separately, request the father or his heirs to bear the following expenses:

1. Expenses of childbirth,

2. Maintenance expenses for six weeks each before and after the birth,

3. Other expenses necessitated by pregnancy and childbirth.

Even if the child was stillborn, the judge may decide that these expenses be borne.

Payments made to the mother by third persons or social security institutions shall be deducted from the compensation in accordance with equity.

The adoption of a minor is subject to the condition that the minor has been cared for and brought up by the adopter for a period of one year.

In every case, the adoption must also be in the interest of the minor and must not inequitably prejudice the interests of the adopter's other children.

Spouses may adopt only jointly; persons who are not married to each other may not adopt jointly.

The spouses must have been married for at least five years or have reached the age of thirty.

One spouse may adopt the child of the other, provided that they have been married for at least two years or that the adopting spouse has reached the age of thirty.

An unmarried person who has reached the age of thirty may adopt alone.

A spouse who has reached the age of thirty may adopt alone if he or she proves that joint adoption is not possible because the other spouse permanently lacks the capacity of discernment, or the other spouse's whereabouts have been unknown for more than two years, or the spouses have been living apart for more than two years pursuant to a court decision.

The adoptee must be at least eighteen years younger than the adopter.

A minor who has the capacity of discernment may not be adopted without his or her consent.

A minor under guardianship may be adopted with the permission of the guardianship authorities, irrespective of whether he or she has the capacity of discernment.

Adoption requires the consent of the minor's mother and father.

Consent shall be declared orally or in writing before the court of the place of residence of the minor or of the mother and father, and shall be recorded in minutes.

Consent that has been given is valid even if the names of the adopters are not specified or the adopters have not yet been determined.

Consent may not be given before six weeks have elapsed since the birth of the minor.

Consent may be withdrawn by the same procedure within six weeks from the date on which it was recorded in minutes.

Consent given again after withdrawal is final.

The consent of one of the parents shall not be required in the following cases:

1. If it is unknown who that parent is or where he or she has been residing for a long time, or if that parent permanently lacks the capacity of discernment,

2. If that parent does not adequately fulfil his or her duty of care towards the minor.

Where a minor is placed in an institution for the purpose of future adoption and the consent of one of the parents is lacking, the court of the place of residence of the minor shall decide, at the request of the adopter or of the institution acting as intermediary in the adoption and, as a rule, before the placement of the minor, whether such consent shall be dispensed with.

In other cases, the decision on this matter shall be made in the course of the adoption proceedings.

Where the consent of one of the parents is dispensed with because he or she does not adequately fulfil his or her duty of care towards the minor, the decision on this matter shall be notified to that parent in writing.

Amended first sentence: 3/7/2005, Law No. 5399, Art. 1 With the express consent of the adopter's descendants, an adult or a person under interdiction may be adopted in the following cases:

1. If, due to a physical or mental disability, he or she is permanently in need of assistance and has been cared for and looked after by the adopter for at least five years,

2. If, while a minor, he or she was cared for, looked after and brought up by the adopter for at least five years,

3. If there are other just causes and the adoptee has been living together with the adopter as a family for at least five years.

A married person may be adopted only with the consent of his or her spouse.

Otherwise, the provisions on the adoption of minors shall apply by analogy.

The rights and obligations belonging to the mother and father shall pass to the adopter.

The adopted child becomes an heir of the adopter.

If the adopted child is a minor, he or she shall take the surname of the adopter. The adopter may, if he or she so wishes, give the child a new first name. An adult adopted child may, if he or she so wishes, take the surname of the adopter at the time of adoption.

Annulled paragraph: by Constitutional Court decision of 26/7/2023, E. 2023/3, K. 2023/139 Re-enacted: 7/11/2024, Law No. 7531, Art. 12 In the civil registry record of minors who do not have the capacity of discernment, the names of the adopting spouses shall be entered as the names of the mother and father in the case of joint adoption, and the name of the adopter shall be entered as the name of the mother or father in the case of adoption by one person alone. This provision shall apply to other adopted persons upon their request.

In order that the inheritance and other rights of the adopted child are not prejudiced and family ties continue, every kind of link shall be established between the family register from which the adopted child is transferred and the family register of the adopter. In addition, the final court decision concerning the adopted child shall be entered in both civil registers.

Records, documents and information relating to the adoption may in no way be disclosed unless there is a court decision or the adopted child so requests.

The adoption decision shall be rendered by the court of the place of residence of the adopter or, in the case of joint adoption, of the place of residence of one of the spouses. The adoptive relationship is established upon the court decision.

The death of the adopter, or his or her loss of the capacity of discernment, after the application for adoption shall not prevent the adoption, provided that the other conditions are not affected thereby.

If the minor attains majority after the application, the provisions on the adoption of minors shall apply, provided that the conditions had been fulfilled beforehand.

An adoption may be decided only after a comprehensive investigation of all circumstances and conditions deemed essential, after hearing the adopter and the adoptee, and, where necessary, after obtaining the opinion of experts.

The investigation must in particular clarify the personality and health of the adopter and the adoptee, their mutual relationship, their economic situations, the adopter's ability to bring up the child, the reasons motivating the adoption, and the development of family relations and of the care relationship.

If the adopter has descendants, their attitude and views regarding the adoption shall also be taken into account.

If consent has not been obtained without a legal ground, the persons whose consent was required may request the judge to dissolve the adoptive relationship, provided that the interest of the minor will not thereby be seriously prejudiced.

If the adoption is vitiated by one of the other substantive defects, the public prosecutor or any interested person may request the dissolution of the adoptive relationship.

This remedy may not be pursued if the defects have meanwhile been remedied or relate only to procedure and the dissolution of the relationship would seriously prejudice the interest of the adopted child.

The right of action shall lapse upon the expiry of one year (…) from the date on which the ground for dissolution of the adoptive relationship was learned of.

Intermediary activities relating to the adoption of minors may be carried out only by institutions and organisations authorised by the President of the Republic.

Matters relating to the conduct of intermediary activities shall be governed by a regulation issued by the President of the Republic.

If the mother and father are married to each other, the child shall bear the surname of the family; (…). However, if the mother bears a double surname due to a previous marriage, the child shall bear her maiden surname.

The mother, the father and the child are obliged to assist one another, to show respect and understanding to one another and to uphold the honour of the family, as required by the peace and integrity of the family.

Each of the mother and father has the right to request that appropriate personal relations be established with a child who is not under his or her parental custody or has not been entrusted to him or her.

Each of the mother and father is obliged to refrain from impairing the other's personal relations with the child and from obstructing the child's education and upbringing.

If personal relations endanger the peace of the child, or the mother and father exercise this right in breach of their obligations laid down in paragraph 1, or they do not take a serious interest in the child, or other important reasons exist, the right to personal relations may be refused or withdrawn from them.

Added third paragraph: 24/11/2021, Law No. 7343, Art. 38 If the mother or father to whom parental custody has been granted fails to comply with the requirements of the arrangement on personal relations, parental custody may be changed, provided that this is not contrary to the interest of the child. This matter shall be brought to the attention of the parties as a warning in the decision on the establishment of personal relations.

Where extraordinary circumstances exist, the right to request that personal relations be established with the child may also be granted to other persons, in particular to relatives, to the extent that this is in the interest of the child.

The restrictions laid down for the mother and father shall apply by analogy to third persons.

The court of the place of residence of the child shall also have jurisdiction over all arrangements relating to the establishment of personal relations.

The rules of jurisdiction relating to divorce and to the protection of the marital union are reserved.

Until an arrangement concerning personal relations with the child has been made, personal relations may not be established without the consent of the person who holds parental custody or to whom the child has been entrusted.

The expenses necessary for the care, education and protection of the child shall be borne by the mother and father.

If the mother and father are destitute, or the particular situation of the child requires extraordinary expenditure, or any other extraordinary reason exists, they may, with the permission of the judge, spend from the child's property a specified amount sufficient for the child's care and education.

The maintenance obligation of the mother and father shall continue until the child attains majority.

If the child's education continues after he or she has attained majority, the mother and father are obliged to maintain the child until the completion of the education, to the extent that this can be expected of them in the circumstances.

The mother or father who actually cares for the minor may bring a maintenance action against the other on behalf of the child.

Where necessary, a maintenance action for a minor who does not have the capacity of discernment may also be brought by a curator or guardian to be appointed.

A minor who has the capacity of discernment may also bring a maintenance action.

The amount of maintenance shall be determined taking into account the needs of the child and the living conditions and financial capacity of the mother and father. The income of the child shall also be taken into consideration in determining the amount of maintenance.

Maintenance shall be paid monthly in advance.

Upon request, the judge may decide in what amount maintenance ordered to be paid in the form of periodic payments shall be paid in future years according to the social and economic situation of the parties.

In the event of a change in circumstances, the judge shall, upon request, redetermine the amount of maintenance or terminate the maintenance.

Once a maintenance action has been brought, the judge shall, upon the request of the claimant, take the measures necessary for the duration of the proceedings.

If parentage is established, the defendant may be ordered to deposit an appropriate amount of maintenance or to pay it provisionally.

If maintenance is claimed together with a paternity action and the judge finds the probability of paternity to be strong, he or she may order, before judgment, an appropriate maintenance for the needs of the child.

If the mother and father persistently and insistently fail to fulfil their maintenance obligations, or if it can be assumed that they are preparing to flee or are dissipating or wasting their property, the judge may order that appropriate security be provided for future maintenance obligations or, where necessary, that other measures be taken.

A child who has not attained majority is under the parental custody of his or her mother and father. Parental custody may not be withdrawn from the mother and father without a legal ground.

Unless the judge considers it necessary to appoint a guardian, adult children placed under interdiction shall also remain under the parental custody of the mother and father.

As long as the marriage continues, the mother and father shall exercise parental custody jointly.

If the common life has been ended or a separation has occurred, the judge may grant parental custody to one of the spouses.

Parental custody belongs to the surviving parent upon the death of one of the mother and father, and in the case of divorce to the party to whom the child is entrusted.

If the mother and father are not married to each other, parental custody belongs to the mother.

If the mother is a minor, under interdiction or deceased, or parental custody has been withdrawn from her, the judge shall, according to the interest of the child, appoint a guardian or grant parental custody to the father.

Spouses are also obliged to show care and attention to their stepchildren who have not attained majority.

Each spouse shall assist the other spouse in an appropriate manner in the exercise of parental custody over the latter's own child, and shall represent him or her in respect of the child's needs to the extent required by the circumstances.

The mother and father shall take and implement the necessary decisions concerning the care and education of the child, having regard to the child's interest.

The child is obliged to obey his or her mother and father.

The mother and father shall give the child the opportunity to organise his or her own life according to his or her maturity, and shall take the child's opinion into account as far as possible in important matters.

The child may not leave home without the consent of his or her mother and father and may not be taken away from them without a legal ground.

The child's first name shall be given by the mother and father.

The mother and father shall bring up the child according to their means and shall ensure and protect the child's physical, mental, psychological, moral and social development.

The mother and father shall provide the child, in particular children with physical or mental disabilities, with a general and vocational education appropriate to his or her abilities and inclinations.

The right to determine the religious education of the child belongs to the mother and father.

Any contract restricting the rights of the mother and father in this respect is invalid.

An adult is free to choose his or her religion.

Within the scope of their parental custody, the mother and father are the legal representatives of their children vis-à-vis third persons.

Third persons acting in good faith may presume that each spouse acts with the consent of the other.

Except for matters subject to the permission of the guardianship authorities, the provisions on the representation of persons under interdiction shall also apply to representation in the context of parental custody.

The capacity to act of a child under parental custody is the same as the capacity of a person under guardianship.

The child shall be liable for his or her debts with his or her own assets, irrespective of the rights of the mother and father over the child's property.

A child under parental custody who has the capacity of discernment may, with the consent of the mother and father, perform legal transactions on behalf of the family; the mother and father shall be bound by these transactions.

For the child to incur obligations through a legal transaction between the child and the mother or father, or between the child and a third person in the interest of the mother and father, the participation of a curator and the approval of the judge are required.

If the interest and development of the child are endangered and the mother and father do not remedy the situation or are unable to do so, the judge shall take the appropriate measures for the protection of the child.

If the physical and mental development of the child is endangered or the child is left in a state of moral abandonment, the judge may remove the child from the mother and father and place the child with a family or in an institution.

If the child's remaining within the family disturbs the peace of the family to an extent that cannot be expected to be tolerated by them and no other remedy remains in the circumstances, the judge may take the same measures upon the request of the mother and father or of the child.

If the mother and father and the child lack the financial capacity, the expenses required by these measures shall be borne by the State.

The provisions on maintenance are reserved.

If other measures for the protection of the child have been unsuccessful, or if it is clear in advance that such measures will be insufficient, the judge shall decide on the withdrawal of parental custody in the following cases:

1. Amended: 1/7/2005, Law No. 5378, Art. 38 The mother and father being unable to perform the duty of parental custody properly because of inexperience, illness, being in another place or similar reasons.

2. The mother and father not showing sufficient interest in the child or seriously neglecting their obligations towards the child.

If parental custody is withdrawn from both the mother and the father, a guardian shall be appointed for the child.

Unless otherwise stated in the decision, the withdrawal of parental custody shall cover all existing children and those to be born.

The remarriage of the mother or father holding parental custody does not require the withdrawal of parental custody. However, where the interest of the child so requires, the holder of parental custody may be changed or, depending on the circumstances, parental custody may be withdrawn and a guardian appointed for the child.

Where parental custody is withdrawn, the obligation of the mother and father to bear the costs of care and education of their children shall continue.

If the mother and father and the child lack the financial capacity, these expenses shall be borne by the State.

The provisions on maintenance are reserved.

In the event of a change in circumstances, the measures relating to the protection of the child must be adapted to the new conditions.

If the ground requiring the withdrawal of parental custody has ceased to exist, the judge shall restore parental custody ex officio or upon the request of the mother or father.

As long as their parental custody continues, the mother and father have the right and the obligation to administer the child's property; as a rule, they shall not render accounts or provide security.

In cases where the mother and father do not fulfil their obligations, the judge shall intervene.

Upon the termination of the marriage, the spouse who retains parental custody is obliged to submit to the judge an inventory showing the child's assets and to notify significant changes in such assets or in the investments made.

The mother and father may use the property of the child unless their parental custody is withdrawn due to their fault.

The mother and father may spend the income from the child's property primarily for the care, upbringing and education of the child and, to the extent consistent with equity, for meeting the needs of the family.

Any surplus income shall be added to the child's property.

To the extent required by ordinary needs, payments in the form of capital, compensation and similar performances may be partly used for the maintenance of the child.

If it is necessary for the care, upbringing and education of the child, the judge may authorise the mother and father to also have recourse to the child's other property in amounts determined by the judge.

The mother and father may not spend for their own benefit the income from benefits conferred on the child for the purpose of opening an interest-bearing investment or savings account, or on the express condition that the mother and father shall not use them.

Unless the person conferring the benefit expressly provides otherwise at the time of conferral, the mother and father have the right of administration over such benefits.

The child's reserved portion may be excluded from the administration of the mother and father by a disposition mortis causa.

If the testator has entrusted the administration to a third person, he or she may provide in the disposition that this person shall render accounts to the judge of the court of peace at specified intervals.

The administration and enjoyment of the part of the child's own property given to the child by the mother and father for the purpose of pursuing a profession or trade, or of the child's own personal earnings, belong to the child.

If the child lives at home with his or her mother and father, the mother and father may require the child to make an appropriate contribution towards his or her maintenance.

If the mother and father, for whatever reason, do not exercise sufficient care in administering the child's property, the judge shall take the appropriate measures for the protection of the property.

The judge may, in particular, issue instructions concerning the administration of the property; if the judge does not find sufficient the information and accounts given at specified intervals, he or she may order the deposit of the property or the provision of security.

If the endangerment of the child's property cannot otherwise be prevented, the judge may order that the administration be transferred to a curator.

Where property of the child that is not under the administration of the mother and father is endangered, the judge may order that the same measures be taken.

If there is doubt as to whether the income from the child's property, or specified amounts set aside from such property, will be spent in accordance with the law, the judge may also entrust their administration to a curator.

Upon the termination of their parental custody or right of administration, the mother and father shall hand over the child's property, together with an account thereof, to the child who has attained majority, to the child's guardian or to the curator.

The mother and father shall be liable like an agent for the return of the child's property.

For property which they have transferred to others in accordance with the rule of good faith, they shall be obliged to return only the consideration they have received in its place.

They shall not be held liable for compensation on account of expenditure made in accordance with the law for the child or the family.

Every person shall be obliged to provide maintenance to his or her ascendants, descendants and siblings who would fall into poverty without his or her assistance.

The maintenance obligation of siblings shall depend on their being in prosperous circumstances.

The provisions concerning the duties of support of spouses and of the mother and father are reserved.

An action for maintenance shall be brought taking into account the order of succession in inheritance.

The action shall consist of a claim for assistance that is necessary for the claimant's livelihood and commensurate with the financial capacity of the other party.

If claiming maintenance from one or several of the obligors would be contrary to equity, the judge may reduce or remove their maintenance obligation.

The action may also be brought by official institutions or institutions of public benefit which are caring for the maintenance creditor.

Upon request, the judge may decide the amount at which maintenance ordered to be paid in the form of an annuity shall be paid in future years according to the social and economic circumstances of the parties.

The competent court shall be the court of the domicile of either party.

The care of persons in need of protection shall be provided by the institutions obliged to do so. These institutions may claim the expenses they have incurred from relatives who are under a maintenance obligation.

Where a community formed by several persons living together as a family has a head of household determined by law, contract or custom, the authority to manage the household shall belong to that person.

The authority to manage the household shall extend to all persons living together as members of the household by reason of blood relationship or relationship by marriage, employment, apprenticeship or similar reasons, or within a relationship of protection and supervision.

Persons living together shall be subject to the order of the household. In establishing this order, the interests of each member of the household shall be taken into account fairly.

Each member of the household shall enjoy the freedom necessary, in particular, for his or her education, training, religious beliefs, profession and craft.

The head of household shall be obliged to protect carefully and keep in safety the belongings of the persons living together in the household.

The head of household shall be liable for damage caused by a minor, a person under interdiction, or a person with mental illness or mental weakness who is a member of the household, unless he or she proves that he or she supervised that person with the customary care required by the situation and circumstances, or that the damage could not have been prevented even if such care and diligence had been exercised.

The head of household shall be obliged to take the necessary measures to ensure that members of the household with mental illness or mental weakness do not expose themselves or others to danger or damage.

In case of necessity, he or she shall request the competent authority to take the necessary measures.

Adult descendants who live with their mother and father or grandparents and who devote their labour or income to the family may claim appropriate remuneration in return.

In the event of a dispute, the judge shall decide on the amount of the remuneration, its securing and the manner of payment.

The descendant may claim this remuneration upon the death of the debtor.

The creditor may also claim this receivable during the lifetime of the debtor in the event of termination of living together or change of ownership of the business, enforcement proceedings against the debtor or the debtor's bankruptcy.

This receivable shall not be subject to limitation. However, it may be claimed at the latest until the moment of partition of the debtor's estate.

A family foundation may be established in accordance with the provisions of the law of persons and the law of succession for meeting the expenses required for the upbringing and education, equipment and support of family members and for similar purposes.

It is prohibited to allocate property or a right so as to remain from generation to generation with persons descending from the same lineage without passing to others. Such an allocation may not be made by way of establishing a foundation either.

Relatives may establish a community of family property among themselves with all or part of the inheritance passing to them or by contributing other property.

The contract of community of family property must be made in official form and must bear the signatures of all members or their representatives.

A community of family property may be established for a definite or indefinite period. Where no period has been determined, each member may withdraw from the community by giving six months' prior notice.

In a community relating to an agricultural business, such notice shall be valid only for the end of the usual harvest season according to the place where the produce is grown.

The community of family property unites the members for engaging in economic activity jointly.

Unless otherwise agreed, each member shall have equal rights.

As long as the community continues, the members may neither claim their shares nor carry out acts of disposition over those shares.

The community of family property shall be managed jointly by all members.

Each member may carry out acts of ordinary management without the need for participation of the other members.

The members may appoint one of themselves as manager of the community.

The manager shall manage the community and represent it in transactions relating to the community.

Unless the person who will represent the community has been registered in the trade registry, the lack of authority of representation of the other members may not be asserted against third parties acting in good faith.

The members shall be joint owners of the property brought into the community.

The members shall be jointly and severally liable for the debts of the community.

Property which the members have left outside the community and, unless otherwise agreed, property acquired by them during the continuation of the community by way of inheritance or by any other form of gratuitous acquisition shall be their personal property.

The community shall terminate in the following cases:

1. By agreement of all members or by notice of termination,

2. By expiry of the period, if the term of the community has not been extended expressly or tacitly,

3. By attachment of the share of one of the members and a request for its sale,

4. By the bankruptcy of one of the members,

5. By the request of one of the members based on just cause.

If one of the members gives notice of termination or becomes bankrupt, or if the sale of the attached share of a member is requested, the other members may continue the community among themselves by paying out the rights of the departing member or of his or her creditors.

A member who marries may request payment of his or her right in the community without the need for notice of termination.

Upon the death of one of the members, his or her heirs who are not included in the community may only request payment to them of the value of the share falling to the deceased member.

If the deceased member has left descendants as heirs, they may enter the community in his or her place with the consent of the other members.

The partition of the community property or the calculation of the share of the departing member shall be made according to the value and condition of the community property at the time of partition or departure.

Partition and settlement of accounts may not be requested at an inappropriate time.

The members may, by a contract concluded among themselves, entrust the representation of the community and the operation of the community property to one of themselves, on condition that a certain share of the annual profit is given to them.

If this share has not been determined by agreement, it shall be determined fairly, taking into account the average amount of profit of the community property over an appropriately long period and the work and expenditure of the operating member.

If the member who has undertaken the operation and representation does not operate the property properly or does not fulfil his or her obligations, the members shall have the right to request the dissolution of the community.

Upon a request by one of the members based on just causes, the judge may, taking into account the rules of partition in succession, decide that this member shall participate, together with the member who has undertaken the operation and representation, in the management and in the enjoyment of the community property.

The rules relating to a community operated jointly by the members shall also apply to a community of family property with profit sharing.

Dwellings and immovables suitable for agriculture or industry may, together with their accessories, be made into a family homestead.

The size of the immovables to be made into a family homestead may not exceed the extent sufficient for the normal livelihood and housing of one family, without regard to the rights of pledge on them and the other property of the owner.

Unless a temporary exception has been accepted by the court on the basis of just causes, the owner shall be obliged to operate the immovable or the facility on it himself or herself, or to live in the dwelling.

Creditors and persons whose rights are likely to be impaired by the establishment of the family homestead shall, before the establishment, be called upon by a public notice made by the court to notify their objections within two months.

The situation shall additionally be notified to those whose receivables are secured by a mortgage on immovable property and to creditors holding an attachment.

If the conditions necessary for a homestead exist in the immovable to be made into a family homestead and third persons do not object to the establishment of the homestead, or if the objection is found to be unjustified, the court shall permit the establishment.

Unless it is proved that the creditors who objected within the time limit no longer have an interest, or unless the pledges and attachments on the immovable are removed, the establishment of a family homestead may not be permitted. Even if the debt is subject to a due date in favour of the objecting or pledgee creditor, the debtor wishing to establish a family homestead may make payment immediately.

An immovable may be made into a family homestead only by annotation of the court decision granting permission in the land register of that immovable; this shall be publicly announced by the court.

Immovables made into a family homestead may not be transferred, pledged or leased.

Subject to the case of management through the court, compulsory enforcement may not be pursued against the family homestead and its accessories.

The court may order the owner to admit to the homestead his or her ascendants, descendants and siblings who, by reason of their poverty, are in need of being admitted to the family homestead and in respect of whom there are no circumstances preventing their admission.

If the owner becomes unable to pay his or her debts, a manager shall be appointed by the court to manage the family homestead.

The manager shall manage the homestead in a manner consistent with its purpose and with the interests of the creditors.

The creditors shall receive their rights according to the date in the certificates of insolvency and the ranking in bankruptcy.

The continuation of the family homestead after the death of the owner shall depend on a disposition mortis causa having been made concerning the passing of the immovable to the heirs as a homestead.

If there is no such disposition, the annotation relating to the homestead in the land register shall be deleted upon the death of the owner.

The owner may terminate the homestead during his or her lifetime.

For this purpose, the owner shall apply to the court by a petition for the deletion of the entry in the land register; this request shall be publicly announced by the court.

If no objection is made within two months from the date of the announcement, or if an objection made is found to be unjustified, the court shall permit the deletion of the entry in the register.

The organs of guardianship are the guardianship authorities, guardians and curators.

Public guardianship shall be carried out by the guardianship authorities, consisting of the guardianship authority and the supervisory authority.

The guardianship authority is the civil court of peace; the supervisory authority is the civil court of first instance.

Where justified by the interests of the person under guardianship, in particular where the continuation of a business, a partnership or similar affairs so requires, guardianship may exceptionally be entrusted to a family.

In this case, the powers, duties and responsibilities of the guardianship authority shall pass to the family council to be formed.

Private guardianship shall be established by the supervisory authority upon the request of two close relatives having capacity to act, or of one relative and the spouse, of the person placed under guardianship.

The family council shall consist of at least three relatives of the person under guardianship who are qualified to be guardians and who are appointed by the supervisory authority for four years.

The spouse of the person placed under guardianship may also be a member of the family council.

The members of the family council shall be obliged to give security that they will duly perform their duties.

Private guardianship may not be established without the security being provided.

Where the family council does not perform its duty or the interests of the person under guardianship so require, the supervisory authority may at any time replace the family council or terminate the private guardianship.

The guardian shall be obliged to protect all interests relating to the person and property of the minor or the person under interdiction placed under guardianship and to represent him or her in legal transactions.

A curator shall be appointed to carry out specific affairs or to manage property.

Unless otherwise provided, the provisions of this Code concerning the guardian shall also apply to the curator.

Every minor who is not under parental authority shall be placed under guardianship.

Registrars of civil status, administrative authorities, notaries and courts that learn, in the course of performing their duties, of the existence of such a situation requiring guardianship shall be obliged to notify the competent guardianship authority of this situation immediately.

Every adult who, by reason of mental illness or mental weakness, is unable to manage his or her affairs, or who needs constant assistance for his or her protection and care, or who endangers the safety of others, shall be placed under interdiction.

Administrative authorities, notaries and courts that learn, in the course of performing their duties, of the existence of a situation requiring placement under guardianship shall be obliged to notify the competent guardianship authority of this situation immediately.

Every adult who, by reason of prodigality, alcohol or narcotic substance addiction, a dissolute way of life or mismanagement of his or her property, creates a danger of falling himself or herself or his or her family into hardship or poverty and is therefore in need of constant protection and care, or who threatens the safety of others, shall be placed under interdiction.

Amended: 2/3/2024, Law No. 7499, Art. 5

An adult who is in a penal institution for the execution of a final sentence of imprisonment shall, upon his or her request, be placed under interdiction or have a curator appointed for him or her.

An adult who is in a penal institution for the execution of final sentences of imprisonment totalling five years or more may be placed under interdiction, even without his or her request, if this is deemed necessary for the protection of his or her person or property. The authority responsible for the execution of the sentence shall immediately notify the guardianship authority that the execution of the sentence of imprisonment has commenced.

The guardianship authority shall hear the convict before making a decision.

The provisions of this Code concerning curatorship shall also apply to this article to the extent appropriate to its nature.

Every adult who proves that he or she cannot manage his or her affairs properly by reason of old age, disability, inexperience or serious illness may request to be placed under interdiction.

A person may not be placed under interdiction by reason of prodigality, alcohol or narcotic substance addiction, a dissolute way of life, mismanagement or his or her own request without having been heard.

Interdiction by reason of mental illness or mental weakness may be decided only upon an official medical board report. Amended sentence: 2/3/2024, Law No. 7499, Art. 6 Where necessary for the preparation of the official medical board report, the provisions of Article 436 shall apply. Before making a decision, the judge may hear the person whose interdiction is requested, taking into account the board report.

Once the interdiction decision becomes final, it shall immediately be publicly announced at the domicile of the person under interdiction and at the place where he or she is registered in the civil registry.

The interdiction shall not affect third parties acting in good faith before the announcement.

The provisions concerning the consequences of lacking the capacity to discern are reserved.

In guardianship matters, competence shall belong to the guardianship authorities at the domicile of the minor or the person under interdiction.

Without the permission of the guardianship authority, the person under guardianship may not change his or her domicile.

In the event of a change of domicile, competence shall pass to the new guardianship authorities. In this case, the interdiction shall be publicly announced at the new domicile.

The guardianship authority shall appoint as guardian an adult who is capable of performing this duty.

Where necessary, more than one guardian may be appointed to perform this duty jointly or separately in accordance with the powers determined by the guardianship authority.

Several persons may not be charged with carrying out a guardianship jointly unless they consent.

Unless just causes prevent it, the guardianship authority shall appoint to this duty, in priority, the spouse or one of the close relatives of the person to be placed under guardianship, provided that they meet the conditions for guardianship. In this appointment, the proximity of domiciles and personal relationships shall be taken into account.

Unless just causes prevent it, the person designated by the person to be placed under guardianship or by his or her mother or father shall be appointed as guardian.

Persons residing at the domicile of the person placed under guardianship who are appointed as guardian shall be obliged to accept this duty.

In the case of appointment by the family council, there shall be no obligation to accept the guardianship.

The following persons may decline to accept the guardianship:

1. Those who have completed the age of sixty,

2. Those who, by reason of physical disabilities or permanent illnesses, could perform this duty only with difficulty,

3. Those who are the parents with parental authority of more than four children,

4. Those who already hold a guardianship duty,

5. The President of the Republic, members of the Grand National Assembly of Türkiye, Vice Presidents of the Republic, ministers, and members of the judicial and prosecutorial professions.

The following persons may not be guardians:

1. Persons under interdiction,

2. Persons banned from public service or leading a dishonourable life,

3. Persons whose interests conflict to a significant extent with the interests of the person for whom the guardian is to be appointed, or between whom and that person there is enmity,

4. Judges of the relevant guardianship authorities.

The guardianship authority shall be obliged to appoint a guardian without delay.

Where deemed necessary, the interdiction of persons who have not yet attained majority may also be decided; however, the interdiction decision shall take effect after they attain majority.

Adult children placed under interdiction shall, as a rule, not be placed under guardianship but shall be left under parental authority.

Where guardianship matters so require, the guardianship authority shall, of its own motion, take the necessary measures even before the appointment of the guardian; in particular, it may temporarily remove the capacity to act of the person whose interdiction is requested and appoint a representative for him or her.

The decision of the guardianship authority shall be publicly announced.

The appointment decision shall immediately be served on the guardian.

The decision concerning the interdiction and the appointment of a guardian or, if the person under interdiction has been left under parental authority, the decision concerning that, shall be publicly announced at the domicile of the person under interdiction and at the place where he or she is registered in the civil registry.

The person appointed as guardian may exercise the right to decline the guardianship within ten days from the service of this appointment on him or her.

Any interested person may assert that the appointment is contrary to law within ten days from the day on which he or she learns that the guardian has been appointed.

If the guardianship authority finds the ground for declining the guardianship or for the objection to be justified, it shall appoint a new guardian; if it does not find it justified, it shall notify the supervisory authority of the situation, together with its opinion on the matter, for the necessary decision to be made.

The person appointed as guardian shall be obliged to perform the duties of the guardian until another person is appointed in his or her place, even if he or she has declined the guardianship or the appointment has been objected to.

The supervisory authority shall notify its decision to the person appointed as guardian and to the guardianship authority.

If the person appointed as guardian is removed from duty, the guardianship authority shall immediately appoint a new guardian.

Once the appointment decision becomes final, the guardianship authority shall carry out the procedures necessary for the guardian to take up the duty.

The guardianship authority shall appoint a curator for representation, upon the request of an interested party or ex officio, in the cases set out below or in other cases specified by law:

1. If a person of full age is unable, owing to illness, absence elsewhere or a similar reason, to attend in person to an urgent matter or to appoint a representative,

2. If, in a matter, the interests of the legal representative conflict with those of the minor or the restricted person,

3. If there is an impediment to the legal representative's performance of his or her duties.

The guardianship authority shall take the necessary measures for property the administration of which does not belong to anyone, and shall in particular appoint a curator for administration in the following cases:

1. If a person has been missing for a long time and his or her place of residence cannot be ascertained,

2. If, although there is no sufficient reason to place him or her under guardianship, a person is incapable of administering his or her assets alone or of appointing a representative for that purpose,

3. If, in an estate, the inheritance rights are not yet determined or the interests of an unborn child so require,

4. If a legal person lacks the necessary organs and its administration cannot be secured by other means,

5. If no means has been secured for administering or spending money and other aid collected from the public for a charitable purpose or for another undertaking pursuing a public benefit purpose.

Where one of the grounds for voluntary restriction exists, a curator may be appointed to a person of full age at his or her own request.

A legal adviser shall be appointed to a person of full age for whom, although there is no sufficient reason for restriction, the limitation of capacity to act is deemed necessary for his or her protection, whose opinion must be obtained for the following transactions:

1. Bringing an action and entering into a settlement,

2. Purchase, sale and pledging of immovables and the creation of any other right in rem over them,

3. Purchase, sale and pledging of negotiable instruments,

4. Construction works exceeding the limits of ordinary administration,

5. Lending and borrowing,

6. Receiving capital,

7. Making donations,

8. Undertaking obligations under bills of exchange,

9. Acting as surety.

Under the same conditions, a person's power to administer his or her assets may be withdrawn, without prejudice to his or her right to dispose freely of his or her income.

The curator for representation shall be appointed by the guardianship authority of the domicile of the person to whom a curator is to be appointed.

The curator for administration shall be appointed by the guardianship authority of the place where the greater part of the assets is administered or where the property falling to the share of the represented person is located.

The rules on the procedure for the appointment of a guardian shall also apply to the appointment of a curator and a legal adviser.

The decision on the appointment of a curator or legal adviser shall be published only if the guardianship authority deems it necessary.

Any person of full age who constitutes a danger to society by reason of mental illness, mental deficiency, alcohol or drug addiction, a contagious disease posing serious danger or vagrancy may, where his or her personal protection cannot be ensured in any other way, be placed or retained in an institution suitable for his or her treatment, education or rehabilitation. Public officials who learn of the existence of any of these grounds in the course of their duties shall immediately notify the competent guardianship authority of the situation.

In this respect, the burden that the person places on those around him or her shall also be taken into account.

The person concerned shall be released from the institution as soon as his or her condition permits.

The power to decide on placement or retention lies with the guardianship authority of the domicile of the person concerned or, in cases where delay would be prejudicial, of the place where he or she is located.

The guardianship authority that decided on the placement or retention shall also be competent to order release from the institution.

Where a restricted person is placed or retained in an institution, or where it is deemed necessary to take other guardianship measures in respect of a person of full age, the guardianship authority of the place where the person is located or the persons concerned designated in special laws shall be obliged to notify the guardianship authority of the domicile of the situation.

The person placed in an institution or his or her relatives may object to the decision before the supervisory authority within ten days from the notification of the decision to them.

This right may also be exercised where a request for release from the institution is rejected.

The restriction of liberty for the purpose of protection shall be subject to the Law on Civil Procedure, without prejudice to the following rules:

1. When the decision is rendered, the person concerned must be informed of the reasons for it and his or her attention must be drawn in writing to the possibility of objecting to the decision before the supervisory authority.

2. A person placed in an institution shall immediately be notified in writing that he or she may object to the retention decision or to the rejection of a request for release from the institution before the supervisory authority within ten days at the latest.

3. Every request requiring a court decision shall be forwarded without delay to the competent judge.

4. The guardianship authority or the judge that ordered the placement may, depending on the particular circumstances, postpone the examination of this request.

5. A decision concerning persons with mental illness, mental deficiency, alcohol or drug addiction or a contagious disease posing serious danger may be rendered only after an official medical board report has been obtained. Repealed sentence: 6/12/2019, Law No. 7196, Art. 53 (…)

6. Added: 6/12/2019, Law No. 7196, Art. 53 Amended: 2/3/2024, Law No. 7499, Art. 7 In order to enable an official medical board report to be obtained, blood or similar biological samples, as well as samples such as hair, saliva and nails, may be taken from the person's body, the necessary medical interventions may be performed on the person and, where necessary, the person may be placed in a health institution for a maximum of twenty days on the basis of a preliminary physician's report. The placement decision rendered on the basis of the preliminary physician's report shall be notified immediately to the person concerned and his or her relatives. The person concerned or his or her relatives may object to this decision before the supervisory authority within ten days from the notification; the objection shall not stay the execution of the decision. The objection shall be decided urgently by the supervisory authority.

7. Added: 6/12/2019, Law No. 7196, Art. 53 Where necessary for the execution of decisions taken under this article, force may be used against the person concerned and the necessary medical assistance may be obtained from health personnel.

The judge shall decide in accordance with the simple trial procedure.

Where necessary, legal aid shall be provided to the person concerned.

Amended paragraph: 6/12/2019, Law No. 7196, Art. 54 The judge shall hear the person concerned, complete the investigation and render his or her decision without delay, within two days at the latest.

Once the decision appointing the guardian becomes final, an inventory of the assets to be administered shall be drawn up without delay by the guardian together with a person designated by the guardianship authority.

If the person under guardianship has the capacity to discern, he or she shall, where possible, be present when the inventory is drawn up.

Where circumstances so require, the supervisory authority may, upon the request of the guardian and the guardianship authority, decide that an official inventory of the assets of the person under guardianship be drawn up. This inventory shall produce the same effects vis-à-vis creditors as the official inventory in succession and shall be drawn up in accordance with the procedure laid down there.

Negotiable instruments, valuables, important documents and the like shall, unless this is disadvantageous to the administration of the assets, be deposited in a safe place under the supervision of the guardianship authority.

If the interests of the person under guardianship so require, movables other than valuables shall be sold by public auction in accordance with the instructions given by the guardianship authority. The judge may also decide on a sale by private negotiation, taking into account special circumstances, the nature of the movable or its low value.

Things that are of special value to the person under guardianship or his or her family may not be sold unless this is unavoidable.

Money that is not needed for the person under guardianship or for the administration of his or her assets shall be deposited, so as to earn interest, in a national bank designated by the guardianship authority or converted into securities issued by the Treasury.

A guardian who delays depositing the money for more than one month shall be liable to pay the loss of interest.

Investments that are not sufficiently secure shall be converted into secure investments.

The conversion must be carried out at an appropriate time and with regard to the interests of the person under guardianship.

If the assets of the person under guardianship include a commercial, industrial or similar enterprise, the guardianship authority shall give the necessary instructions for the continued operation or the liquidation thereof.

The sale of immovables is possible only in accordance with the instructions of the guardianship authority and only in cases where the interests of the person under guardianship so require.

The sale shall be carried out by public auction by a person designated by the guardianship authority for this purpose, in the presence of the guardian, and the award shall become complete upon approval by the guardianship authority; the decision on approval must be rendered within ten days from the date of the auction.

However, the supervisory authority may exceptionally also decide on a sale by private negotiation, taking into account special circumstances, the nature of the immovable or its low value.

If the person under guardianship is a minor, the guardian shall be obliged to take the measures necessary for his or her care and education.

Without prejudice to the provisions concerning the powers of the guardianship bodies, the guardian shall have the powers of the mother and father in this respect.

The placement of minors in an institution for the purpose of protection shall be decided by the guardianship authority upon the application of the guardian or, in cases where delay would be prejudicial, by the guardian himself or herself, who shall immediately notify the guardianship authority of the situation.

Otherwise, in matters relating to procedure and competence, the provisions on the restriction of liberty of persons of full age, whether restricted or not, for the purpose of protection shall apply.

A child who has not attained the age of sixteen may not personally apply to the court in this respect.

The guardian shall be obliged to protect the restricted person and to assist him or her in all personal matters.

In cases where delay would be prejudicial, the guardian may, in accordance with the provisions on the restriction of liberty for the purpose of protection, place the restricted person in an institution or retain him or her there, and shall immediately notify the guardianship authority of the situation.

Without prejudice to the provisions concerning the powers of the guardianship bodies, the guardian shall represent the person under guardianship in all legal transactions.

It is prohibited to act as surety, to establish a foundation or to make significant donations on behalf of the person under guardianship.

If the person under guardianship is capable of forming and expressing opinions, the guardian shall be obliged, as far as possible, to obtain his or her opinion before deciding on important matters.

The consent of the person under guardianship to the transaction shall not release the guardian from liability.

A person under guardianship who has the capacity to discern may assume obligations or waive a right with the express or implied permission or subsequent approval of the guardian.

If the transaction is not approved within an appropriate period set by the other party or, upon his or her application, by the judge, the other party shall be released from being bound by it.

In transactions not approved by the guardian, each of the parties may claim back what he or she has given. However, the person under guardianship shall be liable only to the extent of the enrichment that was spent solely in his or her interest or that exists in his or her assets at the time of the claim for restitution, or to the extent of the amount he or she disposed of in bad faith.

If the person under guardianship has misled the other party as to his or her capacity to act, he or she shall be liable for the damage the other party has suffered as a result.

If the person under guardianship has been permitted by the guardianship authority to pursue a profession or trade, that person shall be entitled to carry out all ordinary transactions relating thereto and shall be liable with all his or her assets for such transactions.

The guardian shall be obliged to administer the assets of the person under guardianship with the care of a good administrator.

The guardian shall be obliged to keep accounts relating to the administration and to submit the accounts for examination by the guardianship authority on the dates it determines and in any case once a year.

If the person under guardianship is capable of forming and expressing opinions, he or she shall, as far as possible, be present during the examination of the accounts by the judge.

The person under guardianship shall freely administer and use the property left at his or her own disposal and the property he or she earns by working with the permission of the guardian.

The guardian shall, as a rule, be appointed for two years.

The guardianship authority may extend this period by two years each time.

Upon the expiry of four years, the guardian may exercise the right to decline the guardianship.

The guardian may request that a remuneration be paid to him or her out of the assets of the person under guardianship or, where this is not possible, out of the Treasury. The remuneration to be paid shall be determined by the guardianship authority for each accounting period, taking into account the effort required by the administration and the income of the assets administered.

The appointment of a curator to a person shall not affect his or her capacity to act. The provisions on legal advisership are reserved.

The term of office and the remuneration of the curator shall be determined by the guardianship authority.

A curator appointed for a specific matter shall be obliged to comply strictly with the instructions of the guardianship authority.

If the curator has been entrusted with the administration and supervision of assets, he or she may carry out only the acts necessary for the administration and preservation of those assets.

The curator's ability to carry out other acts shall depend on a special authorisation granted by the represented person or, if the represented person is not in a position to grant such authorisation, on the permission of the guardianship authority.

A person under guardianship who has the capacity to discern, and any interested party, may lodge a complaint with the guardianship authority against the acts and transactions of the guardian.

An objection may be lodged with the supervisory authority against the decisions of the guardianship authority within ten days from the date of service.

The permission of the guardianship authority shall be required in the following cases:

1. Purchase, sale and pledging of immovables and the creation of any other right in rem over them,

2. Purchase, sale, transfer and pledging of movables or other rights and assets outside the needs of ordinary administration and operation,

3. Construction works exceeding the limits of ordinary administration,

4. Lending and borrowing,

5. Undertaking obligations under bills of exchange,

6. Concluding agricultural lease contracts for one year or longer and lease contracts of immovables for three years or longer,

7. The person under guardianship engaging in a trade or profession,

8. Without prejudice to the guardian's power to take provisional measures in urgent cases, bringing an action, entering into a settlement, arbitration and composition with creditors (concordat),

9. Concluding matrimonial property regime contracts, contracts for the partition of an estate and contracts for the transfer of an inheritance share,

10. Declaration of insolvency,

11. Taking out life insurance on the person under guardianship,

12. Concluding an apprenticeship contract,

13. Placing the person under guardianship in an educational, care or health institution,

14. Changing the domicile of the person under guardianship.

In the following cases, the permission of the supervisory authority shall also be required after the permission of the guardianship authority:

1. Adoption by or of the person under guardianship,

2. Acquisition or renunciation of citizenship by the person under guardianship,

3. Taking over or liquidating an enterprise, joining a partnership entailing personal liability, or becoming a partner in a company with a significant capital contribution,

4. Concluding contracts for life annuities or life income or contracts of maintenance until death,

5. Acceptance or disclaimer of an inheritance or concluding an inheritance contract,

6. Declaring a minor to be of full age,

7. Concluding a contract between the person under guardianship and the guardian.

The guardianship authority shall examine the reports and accounts to be submitted by the guardian at specified intervals; where it deems necessary, it shall require that they be completed or corrected.

The guardianship authority shall accept or reject the reports and accounts; where necessary, it shall take appropriate measures to protect the interests of the person under guardianship.

Transactions carried out by the guardian without obtaining the permission of the competent guardianship bodies, although such permission is required by law, shall have the same effect as transactions carried out by the person under guardianship without the permission of the guardian.

The guardianship bodies and other persons entrusted with guardianship affairs shall be obliged to exercise the care required by good administration in the performance of these duties.

The guardian shall be liable for damage caused to the person under guardianship by his or her culpable conduct in the performance of his or her duties.

The same provision shall apply to curators and legal advisers.

The State shall be directly liable for damage unlawfully caused by persons serving in the guardianship bodies, and shall also be liable for damage that cannot be recovered from guardians, curators and legal advisers.

The State that has compensated the damage shall have recourse against those at fault in the occurrence of the damage.

Those who have caused the damage through their fault shall be jointly and severally liable to the State exercising its right of recourse.

The court of first instance nearest to the place where the guardianship bodies are located shall be competent to hear the State's recourse action against persons serving in the guardianship bodies.

Compensation actions and other recourse actions relating to guardianship shall be heard by the court of first instance of the place where the guardianship bodies are located.

Guardianship over a minor shall terminate automatically when he or she attains full age.

If full age has been declared by court decision, the court shall at the same time determine and publish the date on which the minor will attain full age.

Amended: 2/3/2024, Law No. 7499, Art. 8

Guardianship over a person restricted by reason of a conviction to a custodial sentence shall cease automatically upon the lawful termination of the state of imprisonment.

During the continuation of the state of imprisonment, guardianship may be terminated where the following conditions are met:

1. With respect to restriction decisions rendered in connection with the execution of sentences of imprisonment totalling less than five years, the existence of a request by the person,

2. With respect to restriction decisions rendered in connection with the execution of final sentences of imprisonment totalling five years or more, the cessation, upon the request of the person, of the ground for the protection of his or her person or assets.

Guardianship over other restricted persons shall terminate by decision of the competent guardianship authority.

Upon the cessation of the ground requiring guardianship, the guardianship authority shall decide on the termination of the guardianship.

The restricted person and each of the interested parties may request the lifting of the guardianship.

If the restriction was published, its lifting shall also be published.

The recovery of capacity to act shall not depend on the publication being made.

The lifting of guardianship over a person restricted by reason of mental illness or mental deficiency may be decided only if it is established by an official medical board report that the ground for restriction has ceased to exist.

A person restricted by reason of prodigality, alcohol or drug addiction, an immoral way of life or mismanagement of his or her assets may request the lifting of guardianship only if he or she has not given rise to any complaint relating to the ground that required his or her placement under guardianship for at least one year.

The lifting of guardianship over a person restricted at his or her own request shall depend on the cessation of the ground requiring the restriction.

Curatorship for representation shall terminate upon completion of the matter the curator was entrusted with.

Curatorship for administration shall terminate upon the cessation of the ground requiring the appointment of the curator or upon the curator's removal from office.

Legal advisership shall terminate by decision of the guardianship authority in accordance with the provisions on the lifting of guardianship.

In cases where the appointment was published or the guardianship authority deems it necessary, the termination of the curatorship shall also be published.

The office of guardian shall end upon the guardian's loss of capacity to act or death.

The office of guardian shall end upon expiry of the term, unless it is extended.

The guardian shall be obliged to resign from office if a ground arises that disqualifies him or her from guardianship.

The guardian may, if a ground for declining arises, request to be removed from office before expiry of the term; however, where important reasons exist, he or she shall be obliged to continue in office.

A guardian whose office has ended shall be obliged to perform urgent matters until the new guardian takes office.

If the guardian grossly neglects his or her duties, abuses his or her powers, engages in conduct undermining trust, or becomes insolvent, he or she shall be removed from office by the guardianship authority.

If the interests of the person under guardianship are endangered owing to the guardian's inadequacy in performing his or her duties, the guardianship authority may remove the guardian from office even in the absence of fault.

The person under guardianship who has the capacity to discern, or any interested party, may request the removal of the guardian from office.

The guardianship authority which learns by any other means of the existence of a ground requiring removal from office shall be obliged to remove the guardian from office of its own motion.

The guardianship authority may remove the guardian from office only after conducting the necessary investigation and hearing the guardian.

In cases that are not serious, the guardianship authority shall warn the guardian that he or she will be removed from office.

In cases where delay would entail danger, the guardianship authority may provisionally suspend the guardian from his or her functions and appoint a trustee (kayyım); and, if necessary, taking into account the probable damage, it may impose a precautionary attachment on the guardian's property and may also request his or her arrest.

In addition to removal from office and the issuing of a warning, the guardianship authority shall also be obliged to take other measures necessary for the protection of the person under guardianship.

Interested parties may object to the decisions of the guardianship authority before the supervisory authority within ten days from the date of service. The supervisory authority shall decide on this objection with final effect, holding a hearing where necessary.

A guardian whose office has ended shall be obliged to submit to the guardianship authority the final report on the administration and the final account; and shall also be obliged to keep the property ready to be handed over to the person under guardianship, to his or her heirs or to the new guardian.

The final report and the final account shall be examined and approved by the guardianship authority in the same manner as the reports and accounts submitted at specified intervals.

After the final report and the final account have been approved and the property has been handed over to the person under guardianship, to his or her heirs or to the new guardian, the guardianship authority shall decide that the guardian's office has ended.

The guardianship authority shall serve the final account, together with its decision on the approval or rejection of the final report and the final account, on the person under guardianship, his or her heirs or the new guardian, also stating that they have the right to bring an action for compensation. This service shall also state that the guardian's office has been terminated.

An action for compensation to be brought against a liable guardian or trustee shall become time-barred upon the lapse of one year from the date on which the final account was served.

The limitation period for an action for compensation to be brought against the State for damage that cannot be recovered shall be one year from the time when it becomes apparent that the damage cannot be recovered from the guardian, the trustee or the legal adviser.

The limitation of actions to be brought against the State for damage caused by persons serving in guardianship offices shall be subject to the general provisions.

The State's action for recourse shall become time-barred upon the lapse of one year from the accrual of the right of recourse.

An action for compensation based on an error in the accounts or on a ground of liability which the injured party had no possibility of knowing or discovering before the ordinary limitation period began to run may be brought within one year from the discovery of the error in the accounts or of the ground of liability.

Actions for compensation arising from guardianship shall in any event become time-barred upon the lapse of ten years from the service of the final account.

The claims of the person under guardianship against the guardian or the State shall be privileged claims.

The first-degree heirs of the deceased are his or her descendants.

The children shall inherit in equal shares.

Children who died before the deceased shall be replaced, in every degree, by their own descendants by way of representation.

The heirs of a deceased who has no descendants are his or her mother and father. They shall inherit in equal shares.

A mother and father who died before the deceased shall be replaced, in every degree, by their own descendants by way of representation.

If there are no heirs at all on one side, the entire estate shall pass to the heirs on the other side.

The heirs of a deceased who has no descendants, no mother and father, and no descendants of them, are his or her grandmothers and grandfathers. They shall inherit in equal shares.

Grandmothers and grandfathers who died before the deceased shall be replaced, in every degree, by their own descendants by way of representation.

If one of the grandmothers and grandfathers on the mother's or the father's side has died before the deceased without leaving descendants, the share falling to him or her shall pass to the heirs on the same side.

If both of the grandmothers and grandfathers on the mother's or the father's side have died before the deceased without leaving descendants, the entire estate shall pass to the heirs on the other side.

Where there is a surviving spouse, if one of the grandmothers and grandfathers has died before the deceased, his or her share shall pass to his or her own child; if there is no child, to the grandmother and grandfather on that side; and if both the grandmother and grandfather on one side have died, their shares shall pass to the other side.

Persons born outside marriage whose descent has been established by acknowledgement or by court judgment shall inherit on the father's side in the same manner as relatives born within marriage.

The surviving spouse shall inherit from the deceased, according to the class of heirs with whom he or she inherits, in the following proportions:

1. If inheriting together with the descendants of the deceased, one quarter of the estate,

2. If inheriting together with the class of the deceased's mother and father, one half of the estate,

3. If inheriting together with the grandmothers and grandfathers of the deceased and their children, three quarters of the estate; if there are none of these either, the entire estate shall pass to the spouse.

The adopted child and his or her descendants shall inherit from the adoptive parent as blood relatives do. The adopted child shall also continue to be an heir within his or her own family.

The adoptive parent and his or her relatives shall not inherit from the adopted child.

The estate of a person who dies without leaving heirs shall pass to the State.

In order to make a will, a person must have the capacity to discern and must have completed the age of fifteen.

In order to conclude a contract of inheritance, a person must have the capacity to discern, must be of full age and must not be under restriction (interdiction).

A disposition upon death made by the deceased under the influence of mistake, deceit, intimidation or duress shall be invalid. However, the disposition shall be deemed valid if the deceased does not revoke it within one year from the day on which he or she learned of the mistake or deceit or was freed from the influence of the intimidation or duress.

In the event of an obvious mistake in the designation of a person or thing in a disposition upon death, if the true wish of the deceased can be established with certainty, the disposition shall be corrected in accordance with that wish.

Amended paragraph 1: 4/5/2007, Law No. 5650, Art. 1 A deceased who has descendants, a mother and father, or a spouse as heirs may make dispositions upon death of the part of his or her estate remaining outside the reserved shares.

If there is none of these heirs, the deceased may dispose of the whole of his or her estate.

The reserved share consists of the following proportions:

1. For descendants, one half of the statutory share of inheritance,

2. For each of the mother and the father, one quarter of the statutory share of inheritance,

3. Repealed: 4/5/2007, Law No. 5650, Art. 2

4. For the surviving spouse, where inheriting together with descendants or with the class of mother and father, the whole of the statutory share of inheritance; in other cases, three quarters of the statutory share of inheritance.

The disposable portion shall be calculated according to the state of the estate on the day of the deceased's death.

In making the calculation, the debts of the deceased, the funeral expenses, the expenses of sealing and inventorying the estate, and three months' living expenses of the persons who lived with the deceased and were maintained by him or her shall be deducted from the estate.

Gratuitous inter vivos dispositions made by the deceased shall be added to the estate in calculating the disposable portion, to the extent that they are subject to reduction.

Where the deceased has concluded a life insurance contract in favour of a third party payable upon his or her own death, or has subsequently designated such a person as beneficiary, or has gratuitously assigned to a third party, by an inter vivos disposition or a disposition upon death, his or her right of claim against the insurer, the surrender value of the insurance claim at the time of the deceased's death shall be added to the estate.

In the following cases the deceased may, by a disposition upon death, disinherit an heir entitled to a reserved share:

1. If the heir has committed a serious offence against the deceased or against one of the deceased's close relatives,

2. If the heir has substantially failed to fulfil his or her obligations arising from family law towards the deceased or members of the deceased's family.

A person who has been disinherited may neither receive a share of the estate nor bring an action for reduction.

Unless the deceased has disposed otherwise, the share of inheritance of the disinherited person shall pass, as if that person had died before the deceased, to the descendants of the disinherited person, if any, and otherwise to the statutory heirs of the deceased.

The descendants of the disinherited person may claim his or her reserved share as if that person had died before the deceased.

Disinheritance shall be valid only if the deceased has stated the ground for disinheritance in the relevant disposition.

If the disinherited person objects, the burden of proving the existence of the stated ground shall lie with the heir or the legatee who benefits from the disinheritance.

If the existence of the ground cannot be proven or the ground for disinheritance has not been stated in the disposition, the disposition shall be executed except as regards the reserved share of the heir; however, if the deceased made this disposition because of an obvious mistake concerning the ground for disinheritance, the disinheritance shall be invalid.

The deceased may disinherit a descendant against whom a certificate of insolvency exists, in respect of one half of his or her reserved share. However, the deceased must allocate this half to the born and unborn children of the disinherited person.

If, at the time of the opening of the succession, the certificate of insolvency has ceased to have effect or the amount of the debts covered by the certificate does not exceed one half of the share of inheritance of the disinherited person, the disinheritance shall be annulled upon the request of the disinherited person.

The deceased may, within the limits of the freedom of disposition, dispose of the whole or a part of his or her property by will or by a contract of inheritance.

The part of which the deceased has not disposed shall pass to his or her statutory heirs.

The deceased may attach conditions or charges to his or her dispositions upon death. From the moment the disposition takes legal effect, any interested party may request the fulfilment of the condition or charge.

Conditions and charges contrary to law or morality shall render invalid the disposition to which they relate.

Conditions and charges that are meaningless or merely of a nature to annoy others shall be disregarded.

The deceased may appoint one or more persons as heirs to the whole or to a specified fraction of his or her estate.

Any disposition under which a person is to receive the whole or a specified fraction of the estate shall be deemed an appointment of an heir.

The deceased may confer a benefit on a person by way of a legacy of specific property without appointing that person as heir.

A legacy of specific property may be directed at conferring on a person, by a disposition upon death, ownership of an item of property in the estate or a usufruct over the whole or a part of the estate; it may also be made by charging the heirs or legatees with performing an obligation in favour of a person out of the value of the estate, with granting an annuity, or with releasing a person from a debt.

If the bequeathed specific property is not found in the estate, those obliged to execute the disposition upon death shall be released from the obligation, unless the contrary appears from the disposition.

The bequeathed specific property shall be delivered in the condition in which it is at the moment of the opening of the succession; benefit and risk shall pass to the legatee at the moment of the opening of the succession.

The person obliged to execute the disposition shall have the rights and be subject to the obligations of an agent without authority in respect of expenses incurred on, and damage caused to, the bequeathed specific property after the opening of the succession.

The proportional reduction of dispositions that impair the assets of the estate, the benefit conferred on the person obliged to execute the disposition, or the reserved share may be requested.

The disposition shall remain in force even if the person obliged to execute it has renounced the inheritance or the benefit conferred on him or her, or has died before the deceased, or has become unworthy to inherit; the obligation of execution shall pass to those who benefit from these circumstances.

A statutory or appointed heir may request the execution of a disposition made in his or her favour even if he or she has renounced the inheritance.

The deceased may appoint one or more persons as substitute heirs to take the place of the heir he or she appointed in the event that the latter dies before the deceased or renounces the inheritance.

This rule shall also apply to legacies of specific property.

The deceased may, by a disposition upon death, oblige the person whom he or she appointed as prior heir to transfer the estate to a subsequent heir.

The same obligation may not be imposed on the subsequent heir.

These rules shall also apply to legacies of specific property.

If the time of transfer has not been specified in the disposition, the estate shall pass to the subsequent heir upon the death of the prior heir.

If a time of transfer has been specified in the disposition and that time has not yet arrived upon the death of the prior heir, the estate shall be delivered to the heirs of the prior heir, on condition that they provide security.

From the moment it becomes impossible for any reason for the estate to pass to the subsequent heir, the estate shall remain definitively with the prior heir or, if the prior heir has died, with his or her heirs.

An inventory of the estate passing to the prior heir shall be drawn up by the civil court of peace.

Unless the deceased has expressly exempted the prior heir, delivery of the estate to the prior heir shall be conditional upon his or her providing security. In the case of immovable property, this security may also be provided, if deemed sufficient, by annotating the obligation to transfer the estate in the land register.

If the prior heir does not provide security or endangers the expectant rights of the subsequent heir, official administration of the estate shall be ordered.

The prior heir shall acquire the estate in the same manner as appointed heirs.

The prior heir shall own the estate subject to the obligation to transfer it to the subsequent heir.

The subsequent heir shall acquire the estate if he or she is alive at the specified time of transfer.

If the subsequent heir has died before the time of transfer, the estate shall remain with the prior heir, unless otherwise provided in the disposition.

If the prior heir is not alive at the death of the deceased, or has become unworthy to inherit, or renounces the inheritance, the estate shall pass to the subsequent heir.

The deceased may establish a foundation by allocating the whole or a part of the disposable portion of his or her estate.

The foundation shall acquire legal personality only on condition that the provisions of law are complied with.

The deceased may, by a contract of inheritance, undertake the obligation to leave his or her estate or specific property to the person with whom he or she concludes the contract or to a third party.

The deceased may dispose freely of his or her property as before; however, his or her dispositions upon death or donations that are incompatible with his or her obligation under the contract of inheritance may be challenged.

The deceased may conclude a contract of renunciation of inheritance with one of his or her heirs, either gratuitously or for consideration.

The person renouncing shall lose the status of heir.

Renunciation of inheritance for consideration shall also have effect for the descendants of the person renouncing, unless otherwise provided in the contract.

If the contract of renunciation of inheritance has been made in favour of a specific person and that person is unable for any reason to become an heir, the renunciation shall lapse.

If the contract of renunciation of inheritance has not been made in favour of a specific person, it shall be deemed to have been made in favour of the descendants of the nearest common ancestor, and if they are unable for any reason to become heirs, the renunciation shall likewise lapse.

If, at the moment of the opening of the succession, the estate is insufficient to cover the debts and the debts are not paid by the heirs either, the person who renounced and his or her heirs shall be liable to the creditors, up to the amount of their enrichment existing at the moment of the opening of the succession, out of the consideration they received from the deceased for the renunciation within the five years preceding his or her death.

A will may be made in official form, in the handwriting of the deceased, or orally.

An official will shall be drawn up by an official with the participation of two witnesses.

The official may be a judge of the civil court of peace, a notary or another officer authorised for this purpose by law.

The deceased shall communicate his or her wishes to the official. Thereupon, the official shall write the will or have it written and shall give it to the deceased to read.

The will shall be read and signed by the deceased.

The official shall date and sign the will.

Immediately after the will has been dated and signed, the deceased shall declare to two witnesses, in the presence of the official, that he or she has read the will and that it contains his or her last wishes.

The witnesses shall write, or have written, on the will that this declaration was made before them and that they considered the deceased to have the capacity to dispose, and shall sign below.

It shall not be mandatory to disclose the content of the will to the witnesses.

If the deceased is unable personally to read or sign the will, the official shall read the will to him or her in the presence of two witnesses, whereupon the deceased shall declare that the will contains his or her last wishes.

In this case, the witnesses shall write, or have written, on the will both that the declaration of the deceased was made before them and that they considered him or her to have the capacity to dispose, and that the will was read to the deceased by the official in their presence and that the deceased declared that the will contains his or her last wishes, and shall sign below.

Persons lacking capacity to act, persons banned from public service by a decision of a criminal court, persons who are illiterate, the spouse of the deceased, his or her blood relatives in the ascending and descending line, his or her siblings and the spouses of these persons may not participate in drawing up an official will as the official or as witnesses.

No benefit may be conferred by that will on the official and witnesses who participated in drawing up the official will, on their blood relatives in the ascending and descending line, on their siblings or on the spouses of these persons.

The official who drew up the official will shall be obliged to keep the original of the will.

A holographic will must be written from beginning to end and signed in the handwriting of the deceased, stating the year, month and day on which it was made.

A holographic will may be deposited, open or sealed, for safekeeping with a notary, a judge of the civil court of peace or a competent official.

If the testator is unable to make an official or holographic will owing to extraordinary circumstances such as imminent danger of death, interruption of communications, illness or war, he may resort to an oral will.

To this end, the testator declares his last wishes to two witnesses and charges them with writing, or having written, a will in accordance with this declaration.

The prohibitions relating to witnesses in the making of an official will, with the exception of the requirement of literacy, also apply to the witnesses of an oral will.

One of the witnesses charged by the testator shall immediately write down the last wishes declared to them, stating also the place, year, month and day, sign this document and have it signed by the other witness. Both of them together shall, without delay, deliver the written document to a civil court of peace or a court of first instance and declare to the judge that they considered the testator to have capacity to make a will and that the testator declared his last wishes to them in an extraordinary situation.

Instead of first drawing up a document, the witnesses may, without delay, apply to the court, declare the above matters and have the last wishes of the testator recorded in minutes.

If the person resorting to an oral will is in military service, an officer of the rank of lieutenant or higher; if on board a means of transport travelling outside the borders of the Country, the responsible commander of that means of transport; and if under treatment in a health institution, the highest authorised manager of the health institution shall take the place of the judge.

If it subsequently becomes possible for the testator to make a will in one of the other forms, the oral will shall lapse upon the expiry of one month from that date.

The testator may at any time revoke an earlier will by making a new will in compliance with one of the forms prescribed by law for wills.

The will may be revoked in whole or in part.

The testator may also revoke a will by destroying it.

A will that has been destroyed by accident or through the fault of a third person and whose content cannot be established exactly and in full shall be void. The right to claim compensation is reserved.

If the testator makes a new will without revoking his earlier will, the later will shall replace the earlier one, unless it undoubtedly merely supplements the earlier will.

A specific legacy shall also lapse, unless otherwise provided in the will, where the testator subsequently makes another disposition of that property that is incompatible with the legacy.

For a contract of inheritance to be valid, it must be drawn up in the form of an official will.

The parties to the contract shall declare their wishes to the official simultaneously and shall sign the contract drawn up before the official and two witnesses.

A contract of inheritance may be terminated at any time by written agreement of the parties.

If it emerges that the person appointed as heir or to whom a specific legacy has been left by the contract of inheritance has, after the conclusion of the contract of inheritance, engaged in conduct towards the testator constituting a ground for disinheritance, the testator may terminate the contract of inheritance unilaterally.

Unilateral termination shall be effected in one of the forms prescribed by law for wills.

A party entitled under a contract of inheritance to claim performances inter vivos may withdraw from the contract in accordance with the rules of the law of obligations if those performances are not rendered in conformity with the contract or are not secured.

If the person appointed as heir or to whom a specific legacy has been left is not alive at the death of the testator, the contract of inheritance shall lapse automatically.

The heirs of the person who died before the testator may, unless otherwise agreed, claim from the disposer mortis causa the enrichment, as at the date of death, that such person obtained under the contract of inheritance.

Benefits mortis causa made by a contract of inheritance or by will shall not become void by reason of a subsequent reduction of the portion of which the testator may dispose; they shall only be subject to reduction.

The testator may, by will, appoint one or more executors.

The executor must have capacity to act at the time of taking up the office.

The office shall be notified to the executor by the judge of the civil court of peace; if non-acceptance is not notified to the judge of the civil court of peace within fifteen days from the date of notification, the office shall be deemed accepted.

The executor may claim appropriate remuneration for his services.

Where more than one executor has been appointed, they shall perform the office jointly unless otherwise understood from the disposition or from the nature of the matter.

If one of them does not or cannot accept the office, or if his office ends for any reason, the others shall continue in office unless otherwise understood from the disposition of the testator.

Even if several executors have been appointed to act jointly, each of them may carry out the necessary acts in urgent cases.

Unless the testator has provided otherwise in his disposition or has conferred a limited mandate, the executor shall be charged with and authorised to carry out all acts necessary for the execution of the last wishes of the testator.

The executor shall in particular:

1. Without delay after taking up office, draw up a list of the property, rights and debts of the estate. Where possible, the heirs shall be present when the list is drawn up.

2. Administer the estate and request the transfer to himself of possession of the estate property to the extent required by the administration.

3. Collect the claims of the estate and pay its debts.

4. Execute the legacies.

5. Prepare a plan for the partition of the estate.

6. Represent the community of heirs in actions and enforcement proceedings relating to the estate. He may intervene in actions brought by the heirs that relate to his office.

7. Notify the heirs of the actions brought by or against him and of the enforcement proceedings conducted.

Unless the testator has undertaken an obligation to that effect, the transfer by the executor of property belonging to the estate, or the creation of limited real rights over such property, shall be subject to authorisation by the judge of the civil court of peace. The judge shall decide after hearing the heirs where possible. No authorisation is required for dispositions to the extent necessary to meet ordinary expenses.

The office of the executor shall end automatically upon his death or upon the existence of a ground invalidating his appointment.

The executor may resign from office by a declaration to the judge of the civil court of peace. The office may not be relinquished at an inopportune time.

In the performance of his office, the executor shall be subject to the supervision of the judge of the civil court of peace.

The judge shall take the necessary measures upon complaint or of his own motion.

If it is established that the executor is incompetent, has abused his office or has been grossly negligent, he shall be removed from office by the judge of the civil court of peace. An objection against this decision may be lodged with the court of first instance within fifteen days from its notification. The decision rendered upon the objection shall be final.

The executor shall be obliged to exercise due care in performing his office; he shall be liable towards the interested parties in the same manner as an agent.

An action may be brought for the annulment of a disposition mortis causa on the following grounds:

1. If the disposition was made at a time when the testator lacked capacity to dispose,

2. If the disposition was made as a result of error, deceit, intimidation or coercion,

3. If the content of the disposition, or the conditions or charges attached to it, are contrary to law or morality,

4. If the disposition was made without complying with the forms prescribed by law.

An action for annulment may be brought by an heir or legatee who has an interest in the annulment of the disposition.

The action may concern the annulment of the disposition mortis causa in whole or in part.

Where the action for annulment is based on a defect resulting from the participation in drawing up the disposition of persons to whom, or to whose spouses or relatives, benefits were made by the disposition mortis causa, only those benefits, and not the disposition as a whole, shall be annulled.

The right to bring an action for annulment shall lapse upon the expiry of one year from the date on which the claimant learned of the disposition, of the ground for annulment and of his own entitlement, and in any event upon the expiry, from the date of opening in the case of wills and from the date of devolution of the estate in the case of other dispositions, of ten years as against defendants in good faith and twenty years as against defendants not in good faith.

Invalidity may be asserted at any time by way of defence.

Heirs who do not receive the value of their reserved portions may bring an action for the reduction of the dispositions of the testator that exceed the portion of which he may dispose.

Rules contained in a disposition concerning the shares of statutory heirs shall be deemed merely rules of partition, unless it is understood from the disposition that the testator intended otherwise.

Benefits made by disposition mortis causa to heirs entitled to a reserved portion that exceed the disposable portion shall be subject to reduction proportionally as to the part exceeding their reserved portions. Where there is more than one disposition mortis causa subject to reduction, the part of the benefit made to an heir entitled to a reserved portion that exceeds his reserved portion and the benefits made to persons not entitled to a reserved portion shall be reduced proportionally.

Where the testator has exceeded the portion of which he may dispose and the heir whose reserved portion has been impaired does not bring an action for reduction despite a warning by the bankruptcy office in the event of his bankruptcy, or by creditors holding against him at the time of devolution of the estate certificates of insolvency, the bankruptcy administration or such creditors may bring an action for reduction to the extent necessary to satisfy their claims and within the time limit granted to the heir.

The bankruptcy administration or the creditors may also bring an action for reduction under the same conditions where a disinherited person does not object to the disposition of disinheritance.

Unless it is understood from the disposition that the testator intended otherwise, reduction shall be made proportionally across all benefits obtained through appointment as heir or through any other disposition mortis causa.

Where a person who obtains a benefit by disposition mortis causa has been charged with executing certain legacies, and the benefit is subjected to reduction, such person may, unless it is understood from the disposition that the testator intended otherwise, request that the legacy debts also be reduced in the same proportion.

Where a legacy of specific property that cannot be divided without a decrease in its value is subject to reduction, the legatee may, at his option, either claim delivery of the property upon paying the value of the part requiring reduction, or claim the sum of money corresponding to the value of the disposable portion.

Where the property subject to the disposition remains with the legatee, payment in money of the value, as at the date of the judgment, of the part of the property which must be given to the debtor of the legacy by reason of reduction, or otherwise of the part falling within the disposable proportion, shall be ordered.

These rules shall also apply to the reduction of benefits inter vivos.

The following gratuitous benefits shall be subject to reduction in the same manner as dispositions mortis causa:

1. Benefits inter vivos made by the testator to a statutory heir who loses the status of heir, by way of advancement on his share of the estate; benefits made to descendants by way of transfer of assets or release from debt on condition that they are not to be returned; or dowries and establishment capital given beyond what is customary,

2. Benefits made for the purpose of settling inheritance rights before death,

3. Gifts made by the testator reserving a right of free revocation, and gifts made within the year preceding his death other than customary presents,

4. Benefits made by the testator that are manifestly intended to circumvent the rules on reserved portions.

A person to whom a benefit subject to reduction has been made shall, if in good faith, be obliged to return only what remains of the benefit in his hands at the time of devolution of the estate; if not in good faith, he shall be liable in accordance with the provisions on the obligation of restitution of a possessor not in good faith.

A person whose benefit obtained by a contract of inheritance is subjected to reduction may request the return, in the proportion of the reduction, of the consideration he gave the testator for that benefit.

Where the testator has taken out a life insurance payable upon his own death in favour of a third person, or has subsequently designated such a person as beneficiary, or has gratuitously assigned to a third person, by a disposition inter vivos or mortis causa, his right of claim against the insurer, the surrender value of the insurance claim at the time of death of the testator shall be subject to reduction.

Where the testator charges his estate with a usufruct or an annuity which, if capitalised according to its estimated duration, would exceed the disposable portion, his heirs may request the reduction of the usufruct or annuity, or the release from this charge by surrendering the disposable portion.

An heir whose reserved portion is impaired by an obligation to pass the estate on to a reversionary heir may request the reduction of the excess part.

Reduction shall be made, until the reserved portion is satisfied, first from dispositions mortis causa; if these are insufficient, from benefits inter vivos, proceeding backwards from the most recent to the oldest.

Dispositions mortis causa and benefits inter vivos made to public legal persons and to associations and foundations of public benefit shall be reduced last.

The right to bring an action for reduction shall lapse upon the expiry of one year from the date on which the heirs learned that their reserved portions were impaired, and in any event upon the expiry of ten years from the date of opening in the case of wills and from the date of opening of the succession in the case of other dispositions.

Where the annulment of a disposition brings an earlier one into force, the time limits shall begin to run on the date on which the annulment judgment becomes final.

The claim for reduction may be asserted at any time by way of defence.

Where the testator has transferred all his assets during his lifetime to the heir appointed by the contract of inheritance, such heir may request that an official inventory be drawn up.

Where the testator has not transferred all his assets, or has acquired new property after transferring all of them, the contract of inheritance shall, unless it contains a rule to the contrary, cover only the property transferred during his lifetime.

Where the testator transfers his assets during his lifetime, the rights and obligations arising from the contract of inheritance shall, unless the contract of inheritance provides otherwise, pass to the heirs of the appointed heir.

Where the testator has, during his lifetime, made performances to an heir who renounced the inheritance that exceed the disposable portion of the estate, the other heirs may request their reduction. In that case, only the amount exceeding the reserved portion of the person who renounced the inheritance shall be subject to reduction.

The values of the performances shall be set off in accordance with the rules on collation in succession.

Where a person who renounced the inheritance becomes obliged by reason of reduction to return property or another asset to the estate, he may, at his option, either return the value subject to reduction or return to the estate everything he received and participate in the partition as if he had not renounced the inheritance.

Succession opens upon the death of the testator. Benefits relating to the inheritance and partitions made by the testator during his lifetime shall be assessed according to the state of the estate at the moment of death.

Succession opens, in respect of all the assets, at the domicile of the testator.

Actions for the annulment or reduction of the dispositions of the testator, for the partition of the estate and for recovery of the inheritance (hereditatis petitio) shall be heard by the court of that domicile.

Everyone, except those who lack capacity to inherit under this Code, may be an heir as well as a legatee.

Benefits made to a group without legal personality for a specific purpose shall be acquired jointly by the persons within that group, subject to fulfilling the purpose determined by the testator; if it is not possible to achieve the purpose in this manner, the benefit made shall be deemed the establishment of a foundation.

The following persons may neither be heirs nor acquire any right by disposition mortis causa:

1. Those who intentionally and unlawfully killed or attempted to kill the testator,

2. Those who intentionally and unlawfully rendered the testator permanently incapable of making a disposition mortis causa,

3. Those who, by deceit, coercion or intimidation, induced the testator to make or to revoke a disposition mortis causa, or prevented him from doing so,

4. Those who intentionally and unlawfully destroyed or invalidated a disposition mortis causa in circumstances and at a time when the testator could no longer make it anew.

Unworthiness shall be removed by the forgiveness of the testator.

Unworthiness affects only the unworthy person.

The descendants of the unworthy person shall inherit as though he had predeceased the testator.

In order to be an heir, it is required to be alive and capable of inheriting at the moment of death of the testator.

If an heir who was alive at the moment of opening of the succession dies subsequently, his right of inheritance passes to his own heirs.

In order to be a legatee, it is required to be alive and capable of inheriting at the moment of death of the testator.

If the legatee died before the testator, the obligation to execute the legacy lapses for the benefit of the person charged with the legacy, unless otherwise understood from the disposition.

An unborn child shall be an heir on condition of being born alive.

A stillborn child may not be an heir.

An estate or estate property may be left, as reversionary heir or reversionary legatee, to a person who does not yet exist at the moment of opening of the succession.

If no prior heir has been appointed by the testator, the statutory heir shall be deemed the prior heir.

The heirs of a person declared absent, or persons entitled to his estate, shall, before the estate property is delivered to them, be obliged to provide security that they will return such property to persons with superior rights who may appear in the future or to the absent person himself.

This security shall be provided for a period of five years in the case of disappearance in danger of death, fifteen years in the case of prolonged absence of news, and in any event at most for the period until the absent person would reach the age of one hundred.

The five years shall be calculated from the delivery of the estate property, and the fifteen years from the date of the last news.

If the absent person reappears, or if those claiming to have superior rights prove that status, those who have received the estate property shall be obliged to return the property received in accordance with the rules on possession.

The obligation of those in good faith to return property to persons with superior rights shall be subject to the limitation period applicable to the action for recovery of the inheritance.

The share of the estate of an heir who is missing and in respect of whom it cannot be proven whether he was alive at the moment of opening of the succession shall be administered officially.

Those to whom the share of the missing person would pass if he was not alive at the moment of opening of the succession may, in compliance with the time limits and procedure relating to absence, request that the person be declared absent and that his share be delivered to them.

The delivery of the share of the estate shall be subject to the rules on the delivery of the estate of a person declared absent to the heirs.

If an inheritance devolves upon the absent person after his heirs have taken delivery of the estate assets, those to whom the inheritance share falling to him would accrue by reason of the absence may request delivery of that inheritance share without being required to obtain a separate declaration of absence.

The heirs of the absent person may likewise rely on the declaration of absence obtained by those who took delivery of the inheritance share falling to the absent person.

Where the assets of a person of whom it is not known whether he is alive, or the inheritance share falling to him, have been officially administered for ten years, or where the period by which the person whose assets are so administered would have reached the age of one hundred has elapsed, his absence shall be declared upon the request of the Treasury.

If no person entitled comes forward within the notice period required for a declaration of absence to be made, the estate of the absent person shall pass to the State, unless otherwise provided.

The State shall be obliged to make restitution to the absent person or to persons with superior rights in the same manner as those who take delivery of the estate of an absent person.

The judge of the civil court of peace of the domicile of the deceased shall, upon request or ex officio, take all measures necessary to preserve the estate assets and to ensure their devolution to the persons entitled.

These measures relate in particular, in the cases specified by law, to the inventory of the assets and rights in the estate, the sealing of the estate, the official administration of the estate and the opening of wills.

The costs relating to the measures shall be borne by the applicant, to be recovered subsequently from the estate; in cases where the judge orders the measure ex officio, they shall be borne by the State.

If the deceased died in a place other than his domicile, the judge of the civil court of peace of that place shall notify the death without delay to the judge of the civil court of peace of the domicile and, after taking the measures necessary to preserve the assets of the deceased located at the place of death, shall send the related file and the will, if any, to the judge of the civil court of peace of the domicile.

The judge of the civil court of peace shall order an inventory of the estate to be drawn up where any of the following grounds arises:

1. If there is among the heirs a person who has been placed, or ought to be placed, under guardianship,

2. If one of the heirs has been missing for a long time and has no representative,

3. If one of the heirs or interested persons so requests within one month from the date of death,

The inventory shall be completed without delay.

Such of the inventoried estate assets as necessary shall be sealed. Appropriate protective measures shall be taken for assets that are not sealed. Sealing may also be carried out before the inventory.

When the estate is sealed, the articles required for the needs of those who lived with the deceased shall be recorded in a report and left with them as trusted persons; the parts of immovable property indispensable for their residence shall be excluded from the sealing.

Sealing carried out upon the request of creditors shall be limited to the amount secured. If security is provided to the creditor, sealing shall not be carried out and, if already carried out, shall be lifted.

In the following cases the judge of the civil court of peace shall ex officio order the official administration of the estate:

1. If the interests of one of the heirs so require because he has been missing for a long time and has left no representative,

2. If none of the persons claiming rights in the estate sufficiently proves his status as heir, or if it is doubtful whether there is any heir,

3. If not all of the heirs are known,

4. If specifically provided for by law.

If the deceased has appointed an executor with authority over the entire estate, the administration of the estate shall be entrusted to him unless there is a serious impediment.

If the deceased was under parental custody or guardianship, the parent or guardian shall be charged with the administration of the estate unless there is an objection.

The judge of the civil court of peace shall, upon request, order the payment of appropriate remuneration, to be met from the estate, to the person charged with administering the estate.

The judge of the civil court of peace officially administering the estate, or the person whom he has charged with the administration, shall be obliged, until the grounds for official administration cease to exist or until partition, to administer the estate with care as a good administrator in such a manner as not to cause the loss of the rights of the persons entitled, and in particular to perform the following tasks:

1. Drawing up the inventory of the estate, if not yet done,

2. Taking the necessary protective measures,

3. Selling assets of the estate where this is consistent with the interests of the heirs or the requirements of good administration,

4. Collecting the receivables of the deceased and paying his debts,

5. Executing, with the permission of the judge of the civil court of peace and the approval of the judge of the court of first instance, legacies found not to impair the statutory rights of the heirs,

6. Depositing money belonging to the estate at interest in a bank specified in the regulation issued by the President of the Republic, or purchasing State bonds with such money, and converting investments lacking adequate security into secured investments,

7. If the estate includes a commercial establishment, manufacturing establishment or other enterprise, continuing them as they are; if there is no benefit in continuing them, taking the measures necessary for their liquidation.

The estate administrator shall be the representative of the community of heirs in matters falling within his duties; he shall represent the community in actions brought and enforcement proceedings initiated against it and, where necessary, shall be authorised to bring actions, initiate enforcement proceedings, waive claims, accept claims, settle and submit to arbitration on behalf of the community; he shall give notice of the actions and proceedings to the heirs.

In the official administration of the estate, the provisions on guardianship shall apply, to the extent compatible with their nature, to the acts of the judge of the civil court of peace and of the administrator.

If it is not known whether the deceased has any heirs, or if not all of the heirs are known, the judge of the civil court of peace shall publish two notices by appropriate means at an interval of one month and call upon the persons entitled to declare their status as heirs within one year at the latest from the last notice.

If no one applies within the notice period and the judge of the civil court of peace has been unable to identify any heir, the estate shall pass to the State, without prejudice to the right to bring an action for recovery of the inheritance.

A will of the deceased that comes to hand after his death must be delivered immediately to the judge of the civil court of peace, regardless of whether it is valid.

The official who drew up or keeps the will, or any person who keeps it at the wish of the deceased, has otherwise come into possession of it or has found it among the belongings of the deceased, shall be obliged to fulfil the duty of delivery as soon as he learns of the death; otherwise he shall be liable for the damage arising therefrom.

The judge of the civil court of peace shall examine the delivered will forthwith and take the necessary protective measures; if possible after hearing the interested persons, he shall order either the provisional delivery of the estate to the statutory heirs or its official administration.

The will, regardless of whether it is valid, shall be opened by the judge of the civil court of peace of the domicile of the deceased within one month from its delivery and read out to the interested persons.

The known heirs and other interested persons shall be summoned to be present, if they so wish, at the opening of the will.

The same procedures shall also be carried out for wills of the deceased that come to light later.

A certified copy of the parts of the will concerning them shall be served by the judge on each of the persons entitled to the estate, the costs being borne by the estate.

The parts of the will concerning persons whose whereabouts are unknown shall be served on them by public notice.

Persons determined, upon their application, to be statutory heirs shall be issued by the civil court of peace or by a notary a certificate showing their status as heirs.

Unless the disposition mortis causa appointing an heir or making a legacy is contested by the heirs or other legatees within one month from its notification to them, the beneficiary of the disposition shall be issued by the civil court of peace a certificate showing that he is an appointed heir or a legatee.

The invalidity of a certificate of inheritance may be asserted at any time.

The right to bring an action for the annulment of the disposition mortis causa is reserved.

The heirs acquire the estate as a whole, by operation of law, upon the death of the deceased.

Subject to the exceptions provided by law, the heirs directly acquire the real rights, receivables and other property rights of the deceased and his possession of movable and immovable property, and become personally liable for the debts of the deceased.

Appointed heirs also acquire the estate upon the death of the deceased. The statutory heirs shall be obliged to deliver to the appointed heirs the estate falling to them in accordance with the provisions on possession.

The legatee shall have a personal claim against the executor, if there is one; otherwise, against the statutory or appointed heirs.

Unless otherwise apparent from the disposition, this claim becomes due upon the acceptance of the estate by the person charged with the legacy or upon the lapse of his right to disclaim.

The legatee may bring an action against a person charged with the legacy who fails to perform his obligation, for the delivery of the bequeathed property or the transfer of the right or, where the subject of the legacy is an act, for compensation for the damage arising from its non-performance.

The claim of a person to whom a usufruct, an annuity or another performance recurring at fixed intervals has been bequeathed shall be governed by the rules of property law and the law of obligations, unless the disposition provides otherwise.

A person to whom an insurance claim payable upon the death of the deceased has been bequeathed may exercise the claim arising from the insurance contract directly against the insurer.

The legatee's right of action shall be time-barred upon the expiry of ten years from the date on which he learns of the testamentary benefit or, if the legacy debt becomes due later, from the date on which it becomes due.

The rights of the creditors of the deceased take precedence over those of the legatees, and the rights of the legatees take precedence over those of the creditors of the heirs.

The creditors of heirs who have accepted the estate unconditionally have the same rights as the creditors of the deceased.

If the heirs, after performing the legacy obligation, pay debts of the deceased of which they were previously unaware, they shall have the right to reclaim from the legatee what was given, to the extent that they could have requested the reduction of the legacy.

The legatee may be held liable only to the extent of his enrichment existing at the time of the reclaim.

Statutory and appointed heirs may disclaim the estate.

If the insolvency of the deceased was manifest or officially established at the date of his death, the estate shall be deemed to have been disclaimed.

The estate may be disclaimed within three months.

This period begins to run, for statutory heirs, from the date on which they learned of the death of the deceased, unless it is proved that they learned of their status as heirs later; and for heirs appointed by will, from the date on which the disposition of the deceased was officially notified to them.

Where an inventory of the estate is drawn up as a protective measure, the period for disclaiming the estate begins, for statutory and appointed heirs, upon their being notified by the judge of the civil court of peace that the inventory has been completed.

The right to disclaim of an heir who dies without having disclaimed the estate passes to his own heirs.

For these heirs, the period for disclaimer begins from the date on which they learned that the estate had devolved upon their own deceased. However, this period shall not end before the expiry of the period granted to the heir for disclaiming the estate devolving from their own deceased.

If, as a result of a disclaimer, the estate passes to persons who were not previously heirs, the period for disclaimer begins to run for them from the date on which they learned that the estate had been disclaimed by the previous heirs.

The disclaimer of the estate shall be made by the heirs by an oral or written declaration to the civil court of peace.

The disclaimer must be unconditional and unreserved.

The judge of the civil court of peace shall record the oral or written declaration of disclaimer in a report.

A declaration of disclaimer made within the time limit shall be entered in a special register by the civil court of peace of the place where the succession opened, and the disclaiming heir shall, upon request, be issued a document showing the disclaimer.

The manner in which the report and the register are to be kept shall be governed by a regulation issued by the President of the Republic.

An heir who does not disclaim the estate within the statutory period acquires the estate unconditionally.

An heir who, before the expiry of the disclaimer period, interferes as heir in the affairs of the estate, performs acts that are not in the nature of ordinary administration of the estate or that go beyond what is necessary to carry on the affairs of the deceased, or conceals or appropriates estate assets, may not disclaim the estate.

Bringing an action or initiating compulsory enforcement proceedings in order to prevent the expiry of limitation or peremptory periods shall not extinguish the right to disclaim.

If one of the statutory heirs disclaims the estate, his share passes to the persons entitled as if he had not been alive when the succession opened.

The share of an appointed heir who disclaims the estate shall go to the nearest statutory heirs of the deceased, unless it appears from the disposition mortis causa of the deceased that his wish was otherwise.

An estate disclaimed by all of the nearest statutory heirs shall be liquidated by the civil court of peace in accordance with the provisions on bankruptcy.

The values remaining at the end of the liquidation shall be given to the persons entitled as if they had not disclaimed the estate.

If all of the descendants disclaim the estate, their share passes to the surviving spouse.

When disclaiming the estate, the heirs may request, before liquidation, that the heirs coming after them be asked whether or not they accept the estate.

In that case, the disclaimer shall be notified by the judge of the civil court of peace to the subsequent heirs; if they do not accept the estate within one month, they shall be deemed to have disclaimed it.

Thereupon the estate shall be liquidated in accordance with the provisions on bankruptcy, and the values remaining at the end of the liquidation shall be given to the preceding heirs.

Where there are important reasons, the judge of the civil court of peace may extend the disclaimer period granted to statutory and appointed heirs or grant a new period.

If the legatee disclaims the legacy, the person charged with the legacy shall benefit from this disclaimer, unless it appears from the disposition that the wish of the deceased was otherwise.

If an heir whose assets are insufficient to cover his debts disclaims the estate with the aim of harming his creditors, his creditors or the bankruptcy administration may, unless adequate security is provided to them, bring an action for the annulment of the disclaimer within six months from the date of the disclaimer.

If the annulment of the disclaimer is ordered, the estate shall be officially liquidated.

If anything falls to the share of the disclaiming heir from the estate thus liquidated, the claims of the objecting creditors shall be paid from it first, and then those of the other creditors. Any remaining values shall be given to the heirs who would have benefited from the disclaimer had it been valid.

Heirs who disclaim the estate of an insolvent deceased shall be liable to his creditors to the extent of the values they received from him within the five years preceding his death and which they would be obliged to return in the partition of the estate.

Ordinary expenses of upbringing and education and a trousseau given in accordance with custom are excluded from this liability.

Heirs in good faith shall be liable only to the extent of their enrichment at the time of restitution.

Every heir entitled to disclaim the estate may request that an official inventory of the estate be drawn up.

The inventory shall be requested from the judge of the civil court of peace within one month, in compliance with the procedure for disclaiming the estate.

A request for an inventory by one of the heirs shall also have effect for the others.

The official inventory shall be drawn up by the civil court of peace; the assets and liabilities of the estate shall be entered in this inventory with their appraised values.

Any person having information about the financial situation of the deceased shall be obliged to provide the information requested by the civil court of peace. Persons who fail to provide information without just cause, or who provide incorrect or incomplete information, shall be obliged to compensate the heirs, legatees or third parties for the resulting damage.

The heirs shall in particular be obliged to notify the civil court of peace of the debts of the deceased known to them.

The manner in which the official inventory is to be kept shall be governed by a regulation issued by the President of the Republic.

The civil court of peace shall, by public notice to be published twice at an interval of one month, call upon the creditors and debtors of the deceased to declare their claims and debts within a specified period. The call shall also cover persons who are creditors or debtors by reason of suretyship.

The notice shall draw the attention of the creditors to the consequences of failing to make a declaration.

The declaration period shall be at least one month from the second notice.

Claims and debts whose existence is apparent from official records or from the documents of the deceased shall be entered in the inventory directly.

The entries made in the inventory shall be notified to the creditors and debtors.

The drawing up of the inventory ends upon the expiry of the period specified in the notice, and the inventory may be inspected by interested persons within a period of at least one month to be granted from that date.

The costs of the inventory shall be paid from the estate. If the costs cannot be met from the estate, they shall be collected from the heirs who requested the inventory.

During the inventory, only necessary acts of administration may be performed.

The other heirs may request security from an heir to whom the civil court of peace has entrusted the carrying on of the affairs of the deceased.

As long as the drawing up of the official inventory continues, no enforcement proceedings may be initiated for the debts of the deceased.

Limitation shall not run during this period.

Except in urgent cases, pending actions may not be continued, nor may new actions be brought.

After the period for inspecting the inventory has ended, each heir shall be called upon by the court to make a declaration within one month.

If circumstances so require, the civil court of peace may grant an additional period for a new appraisal of estate assets, the resolution of disputes and similar matters.

Each of the heirs may declare, within the period granted, that he disclaims the estate, requests official liquidation, or accepts the estate subject to the inventory or unconditionally.

An heir who makes no declaration within the time limit shall be deemed to have accepted the estate subject to the inventory drawn up.

An estate accepted subject to the official inventory passes to the heir only with the debts entered in the inventory.

Such devolution of the estate takes effect from the date on which the succession opened.

The heir shall be liable for the debts of the deceased entered in the inventory both with the estate assets and with his own assets.

Towards creditors who did not have their claims entered within the time limit, the heir shall be liable neither with his own personal assets nor with the assets passing to him from the estate.

However, the heir shall remain liable, to the extent of his enrichment, for claims that the creditor was unable to have entered in the inventory through no fault of his own, or that were not entered in the inventory although they had been declared.

Creditors whose claims are secured by estate assets may realise these rights from the security even if they have not been entered in the inventory.

Debts of the deceased arising from suretyship shall be entered in a separate place in the inventory, and the heirs, even if they have accepted the estate unconditionally and without reservation, shall be liable for these debts only in the amount that would have fallen to the creditors by reason of suretyship had the estate been liquidated in accordance with the provisions on bankruptcy.

Where the estate passes to the State, the civil court of peace shall ex officio draw up an official inventory of the estate in accordance with the above procedures.

The State shall be liable for the debts entered in the inventory only to the extent of the values it has acquired through the succession.

Any heir who would be entitled to disclaim the estate or to accept it on the basis of the official inventory may, instead, request the official liquidation of the estate.

This request shall not be taken into account if one of the co-heirs accepts the estate.

In the case of official liquidation, the heirs shall not be liable for the debts of the estate.

Creditors of the deceased who, on credible grounds, have doubts as to whether they will obtain satisfaction of their claims may, where their claims are not paid or no security is furnished to them despite their request, request the official liquidation of the estate within three months from the death of the deceased or from the opening of the will.

Where the same conditions exist, legatees may also request that the measures necessary for the protection of their rights be taken.

Official liquidation shall be carried out by the civil court of peace or by one or more liquidators appointed by it.

Official liquidation shall commence with the drawing up of an inventory of the estate and, at the same time, by means of a public notice, the creditors and debtors of the deceased shall be called upon to declare their claims and debts within the specified time limit.

Where an official inventory of the estate has previously been drawn up, the official liquidation shall be carried out on the basis of that inventory.

The liquidator shall carry out the tasks relating to his or her duty under the supervision and control of the civil court of peace. The heirs and the creditors of the estate may lodge a written complaint with the civil court of peace against acts performed or contemplated by the liquidator within seven days from the date on which they learn of them.

Official liquidation shall comprise the completion of the pending business of the deceased, the performance of his or her obligations, the collection of his or her claims, the performance of legacies to the extent permitted by the estate, where necessary the determination by the court of the rights and obligations of the deceased, and the conversion of his or her assets into money.

The liquidator shall be obliged to inform the heirs of actions, enforcement proceedings and administrative procedures relating to the estate.

Immovables forming part of the estate shall be sold by public auction or, where all the heirs so agree, by private sale.

While the liquidation is in progress, the heirs may request that estate assets and money not required for the liquidation be delivered to them in whole or in part.

The liquidation of an estate whose assets are insufficient to pay its debts shall be carried out by the civil court of peace in accordance with the provisions on bankruptcy.

A statutory or appointed heir may, asserting his or her superior right as heir, bring an action for recovery of the estate (miras sebebiyle istihkak davası) against any person in possession of the estate or of certain assets of the estate.

In this action, the judge shall also resolve disputes concerning the status of heir.

Upon the request of the claimant, the judge shall take all measures necessary for the protection of the right, such as requiring the defendant to furnish security or ordering an annotation in the land register.

Where the action for recovery of the estate is upheld, the estate or the asset forming part of the estate shall be delivered to the claimant in accordance with the provisions on possession.

In an action for recovery of the estate, the defendant may not plead that he or she has acquired the estate asset by acquisitive prescription.

The action for recovery of the estate shall be time-barred upon the expiry of one year from the date on which the claimant learns that he or she is an heir and that the defendant acting in good faith is in possession of the estate or of the estate asset, and in any event upon the expiry of ten years from the death of the deceased or the opening of the will.

The limitation period against persons not acting in good faith shall be twenty years.

Where there are several heirs, a community comprising all the rights and obligations of the estate shall arise among the heirs upon the devolution of the estate and until its partition.

The heirs shall own the estate jointly (elbirliği) and, subject to any power of representation or administration arising from contract or law, shall dispose jointly of all rights belonging to the estate.

Upon the request of one of the heirs, the civil court of peace may appoint a representative for the community of heirs until partition.

Each of the heirs may request the protection of the rights of the estate. All the heirs shall benefit from the protection obtained.

Where one heir is insolvent, the other heirs may, upon the opening of the succession, request the civil court of peace to take without delay the measures necessary for the protection of their rights.

The heirs shall be jointly and severally liable for the debts of the estate.

Appropriate compensation to be paid to adult children and grandchildren who lived with their parents or grandparents and devoted their labour or income to the family shall be deemed a debt of the estate, provided that the estate does not thereby become insolvent.

Each of the heirs may at any time request the partition of the estate, unless he or she is obliged by contract or by law to maintain the community.

Each heir may request the civil court of peace to order that specific assets of the estate be partitioned in kind or, where this is not possible, by way of sale. Upon the request of one of the heirs, the judge shall carry out the partition taking into account the estate as a whole and each of the assets of the estate, and, where possible, by allotting each immovable in its entirety to one heir. Equalisation among the shares of the estate shall be achieved by compensating the difference between the values of the immovables allotted to the heirs through the payment of money.

Where immediate partition would considerably reduce the value of the asset subject to partition or of the estate, the judge of the civil court of peace may, upon the request of one of the heirs, decide to postpone the partition of that asset or of the estate.

Where, on the date of the opening of the succession, there is an unborn child who may become an heir, partition shall be postponed until its birth.

Where the mother is in need, she may request that her maintenance expenses until the birth be provided from the estate.

Where an heir requests the conversion of joint ownership (elbirliği mülkiyeti) over all or part of the assets forming part of the estate into ownership in shares (paylı mülkiyet), the judge of the civil court of peace shall summon the other heirs and invite them to state any objections they may have within a time limit to be determined by the judge.

Where no objection justifying the continuation of joint ownership is raised, or where none of the heirs brings an action for partition within the specified time limit, it shall be decided that joint ownership over the asset subject to the request be converted into ownership in shares.

The above provisions shall also apply to the division, in proportion to the shares, of the other rights and claims forming part of the estate.

Persons who, at the time of the death of the deceased, lived with him or her and were maintained by him or her may request that their care and maintenance expenses for three months from the date of death be provided from the estate.

Statutory heirs, whether among themselves or together with appointed heirs, shall partition the estate in accordance with the same rules.

Unless otherwise provided, the heirs shall freely agree on how the partition is to be carried out.

Heirs who are in possession of estate assets or who are indebted to the deceased shall be obliged to provide complete information thereon at the time of partition.

The deceased may, by a disposition upon death, lay down rules on how the partition is to be carried out and how the shares are to be formed.

These rules shall be binding on the heirs, without prejudice to the possibility of equalising the shares in the case of an inequality not intended by the deceased.

Unless it is apparent from the disposition that the deceased intended otherwise, the allotment by the deceased of an estate asset to an heir shall not be deemed a legacy but merely a rule of partition.

A creditor who has acquired or had attached the share of an heir in an estate that has been opened, or who holds a certificate of insolvency (borç ödemeden aciz belgesi) obtained against the heir, may request the judge of the civil court of peace to appoint a curator to take part in the partition in place of that heir.

Unless otherwise provided by law, the heirs shall have equal rights over all the assets of the estate in the partition.

The heirs shall be obliged to provide one another with all information concerning their relations with the deceased that must be taken into account so that the partition is equal and fair.

Each of the heirs may request that the debts of the estate be paid or secured before partition.

The heirs shall form from the estate assets as many lots as there are heirs or stocks (ortak kök).

If no agreement is reached, each of the heirs may request the civil court of peace to form the lots. In forming the lots, the judge shall take into account local custom, the personal circumstances of the heirs and the wishes of the majority.

The allocation of the lots shall be made in accordance with the agreement of the heirs. Where this is not possible, lots shall be drawn.

An estate asset that cannot be divided without a considerable reduction in its value shall be allotted in its entirety to one of the heirs.

Where the heirs cannot agree on the division or allotment of an estate asset, that asset shall be sold and the proceeds shall be divided.

Where one of the heirs so requests, the sale shall be made by auction. Where the heirs cannot agree on the form of the auction, the judge of the civil court of peace shall decide whether the auction is to be held among the heirs or to be open to the public.

Where, upon the death of one of the spouses, the estate assets include household effects or the dwelling in which the spouses lived together, the surviving spouse may request that the right of ownership thereof be granted to him or her, to be set off against his or her inheritance right.

Where justified reasons exist, upon the request of the surviving spouse or of one of the other statutory heirs of the deceased, it may also be decided that a right of usufruct or a right of habitation be granted instead of ownership.

The surviving spouse may not exercise these rights over premises in which the deceased practised a profession or trade and which are necessary for one of his or her descendants to practise the same profession or trade. The provisions of inheritance law concerning agricultural immovables are reserved.

Where one of the heirs objects, items which by their nature or by the purpose for which they are intended form a whole shall not be separated from one another.

Family documents and items of special sentimental value to the family shall not be sold if one of the heirs objects. Where a dispute arises among the heirs, the judge of the civil court of peace shall, taking into account local custom or, in the absence of custom, the personal circumstances, decide that these items be allotted to one of the heirs, with or without being set off against his or her share, or that they be sold.

The provisions of special laws are reserved.

A claim of the deceased against an heir shall be set off against that heir's share at the time of partition.

An heir to whom, in the partition, an estate asset pledged for the debts of the deceased is allotted shall be deemed to have assumed the debt secured by that asset.

The provisions of law concerning the division of immovables are reserved.

Immovables shall be allotted to the heirs on the basis of their real value at the time of partition.

Agricultural immovables shall be allotted at their income value, and other immovables at their market value.

Where the heirs cannot agree on the value for allotment, that value shall be determined by the judge of the civil court of peace.

Repealed: 30/4/2014, Law No. 6537, Art. 9

Repealed: 30/4/2014, Law No. 6537, Art. 9

Repealed: 30/4/2014, Law No. 6537, Art. 9

Repealed: 30/4/2014, Law No. 6537, Art. 9

Repealed: 30/4/2014, Law No. 6537, Art. 9

Repealed: 30/4/2014, Law No. 6537, Art. 9

Repealed: 30/4/2014, Law No. 6537, Art. 9

Repealed: 30/4/2014, Law No. 6537, Art. 9

Repealed: 30/4/2014, Law No. 6537, Art. 9

Repealed: 30/4/2014, Law No. 6537, Art. 9

Statutory heirs shall be obliged towards one another to return to the estate, for the purpose of equalisation, the gratuitous inter vivos dispositions they have received from the deceased on account of their inheritance shares.

Dispositions made by the deceased to his or her descendants without consideration, such as providing a dowry or start-up capital, transferring assets or releasing from a debt, and the like, shall be subject to equalisation unless the deceased has expressly provided otherwise.

The obligation to return incumbent on an heir who loses the status of heir before or after the opening of the succession shall pass to the heirs who take his or her place, in proportion to the increase in their inheritance shares.

The heir obliged to return may, at his or her option, either return in kind what he or she has received or have its value set off against his or her inheritance share, even if it exceeds his or her share.

Dispositions of the deceased contrary to this rule and the rights of the heirs concerning abatement (tenkis) are reserved.

Where the disposition exceeds the inheritance share, the excess shall not be subject to equalisation if the heir proves that the deceased intended to leave it to him or her. The rights of the other heirs concerning abatement are reserved.

Equalisation shall be made according to the value of the disposition at the time of equalisation.

As regards benefits and losses, as well as income and expenses, the provisions on unjust enrichment shall apply among the heirs.

The obligation to return in respect of expenses incurred for the upbringing and education of children shall exist only for the portion exceeding customary limits, unless it is proved that the deceased intended otherwise.

Children who have not completed their upbringing and education or who have a disability shall receive an equitable payment in the partition.

Ordinary gifts and customary expenses incurred on the occasion of marriage shall not be subject to equalisation.

In the case of the marriage of descendants, it shall be presumed that there was an intention not to subject to equalisation dowry expenses incurred within customary limits.

The forming of the lots among the heirs and their actual taking, or the partition agreement concluded among them, shall bind the heirs.

By a partition agreement, the heirs may also agree to convert joint ownership over all or part of the estate assets into ownership in shares in proportion to their inheritance shares.

The validity of a partition agreement shall be subject to its being made in writing.

The validity of agreements concluded among heirs concerning the transfer of an inheritance share in all or part of the estate shall be subject to written form.

The validity of such an agreement concluded by an heir with a third party shall be subject to its being drawn up by a notary. The agreement shall not confer on that person the power to take part in the partition; it shall only confer the right to request that the share allotted to the heir at the end of the partition be delivered to him or her.

Agreements concluded by an heir, without the participation or consent of the deceased, with the other heirs or with a third party concerning a succession that has not yet opened shall not be valid.

The return of performances rendered under such an agreement may be claimed.

After the completion of the partition, the heirs shall be liable to one another for the assets falling to their shares in accordance with the provisions on sale.

The heirs shall guarantee to one another the existence of the claims allotted to each of them in the partition and, except for securities quoted on the stock exchange, shall be liable as ordinary sureties for the solvency of the debtor up to the amount of the claim set off against the heir's entitlement.

The action based on the guarantee and on suretyship shall be time-barred upon the expiry of one year from the date of partition or, for claims falling due later, from the date on which they fall due.

The general provisions of the Code of Obligations concerning invalidity shall also apply to partition agreements.

The heirs shall remain jointly and severally liable with all their assets, even after partition, for debts of the estate to whose division or transfer the creditor has not consented expressly or tacitly.

Joint and several liability shall cease upon the expiry of five years from the date on which the partition took place or, for debts falling due later, from the date on which they fall due.

An heir who pays a debt of the estate the payment of which was not imposed on him or her in the partition agreement, or who pays more than the amount he or she assumed, may have recourse against the other heirs.

The right of recourse shall first be exercised against the heir who assumed the paid debt under the partition agreement.

In other cases, unless otherwise agreed, each of the heirs shall be obliged to pay the debts of the estate in proportion to his or her inheritance share.

A person who owns a thing shall have the power, within the limits of the legal order, to use, enjoy and dispose of that thing as he or she wishes.

The owner may bring an action for recovery (istihkak davası) against any person who unlawfully holds his or her property, and may also bring an action for the prevention of any kind of unlawful interference.

A person who owns a thing shall also own its component parts.

A component part is a part which, according to local custom, is an essential element of the principal thing and which cannot be separated from it unless the thing is destroyed, damaged or altered in structure.

The owner of a thing shall also be the owner of its fruits.

Fruits are the natural or civil fruits obtained periodically and other yields which, according to custom, are considered appropriate to be obtained from a thing in accordance with the purpose for which it is intended.

Natural fruits shall be a component part of the principal thing until they are separated from it.

Dispositions relating to a thing shall, unless otherwise specified, also extend to its accessory.

An accessory is a movable which, according to the discernible wishes of the owner of the principal thing or to local custom, is permanently intended for the operation, preservation or benefit of the principal thing and which, for its use, is connected to the principal thing by joining, fitting or in any other manner.

An accessory shall not lose this character by being temporarily separated from the principal thing.

Things intended solely for temporary use or consumption by the possessor of the principal thing, or things joined to the principal thing solely for safekeeping, sale or letting without any relation to the specific nature of the principal thing, shall not be deemed accessories.

In ownership in shares, several persons own, each in a specific share, the whole of a thing that is not physically divided.

Unless otherwise determined, the shares shall be deemed equal.

Each co-owner shall have the rights and obligations of an owner in respect of his or her own share. The share may be transferred, pledged and attached by creditors.

The co-owners may, by unanimous agreement among themselves, make arrangements differing from the provisions of law on matters relating to enjoyment, use and administration. However, such an agreement may not abolish or restrict the following rights and powers of the co-owners:

1. To carry out acts of administration that are indispensable for preserving the usability and value of the thing subject to ownership in shares and, where necessary, to request the court to take measures to that effect,

2. To take, on behalf of all co-owners, the measures that must be taken immediately to protect the thing from a danger of damage or from an increase in damage.

Agreements relating to immovables may, upon the application of one of the co-owners, be annotated in the land register, provided that the signatures are certified by a notary.

Each co-owner shall be entitled to carry out acts of ordinary management, in particular to have minor repairs made and to conduct agricultural work.

Without prejudice to the statutory provisions on the performance of necessary and urgent acts, a different arrangement regarding authority in acts of ordinary management may be introduced by a decision taken by a majority of the co-owners.

A decision by a majority of shares and co-owners shall be required for important acts of management, such as changing the method of operation or the type of cultivation, concluding or terminating ordinary lease or usufructuary lease contracts, and improving the soil.

The same majority shall also be required for maintenance, repair and construction works that exceed the limits of ordinary management and are necessary to preserve the value or the utility of the property in co-ownership.

Where shares and co-owners are equal, the judge, upon the request of one of the co-owners, shall render an equitable decision taking into account the interests of all co-owners; the judge may appoint a trustee from among the co-owners or from outside for the performance of the works the judge deems necessary.

Changing the purpose to which the property in co-ownership is dedicated, undertaking construction works exceeding the extent required for its preservation or ordinary use, or carrying out acts of disposition over the whole of the property in co-ownership shall require the consent of all co-owners, unless otherwise decided unanimously.

Where a mortgage or land charge has been established over the shares, the co-owners may not encumber the whole property with similar rights.

Each co-owner may enjoy and use the property in co-ownership to the extent compatible with the rights of the others.

In case of dispute, the judge shall determine the manner of enjoyment and use. This determination may also take the form of dividing the use of the property in co-ownership among the co-owners in terms of time or place.

Each co-owner may, on behalf of the other co-owners, ensure the protection of indivisible common interests.

Management costs, taxes and other obligations arising from co-ownership or concerning the property in co-ownership shall be borne by the co-owners in proportion to their shares, unless otherwise provided.

A co-owner who has paid more than his share may have recourse against the others in proportion to their shares.

Arrangements made and decisions taken by the co-owners and decisions rendered by the court on matters relating to enjoyment, use and management shall also bind persons who subsequently become co-owners or acquire a right in rem over a share.

In the case of immovables, in order for decisions relating to enjoyment, use and management to bind persons who subsequently become co-owners or acquire a right in rem over a share, such decisions must be annotated in the land register.

A co-owner who, through his own conduct and behaviour or through the conduct and behaviour of persons to whom he has left the use of the property or for whose acts he is responsible, seriously breaches his obligations towards all or some of the other co-owners and thereby renders the continuation of the co-ownership relationship intolerable for them, may be excluded from the co-ownership by court decision.

The bringing of the action shall be subject to a decision by a majority of shares and co-owners, unless otherwise agreed.

Where the judge finds the request for exclusion justified and it is possible to separate from the property a part corresponding to the share of the co-owner to be excluded, the judge shall make such separation and decide that the separated part be allocated to the excluded co-owner, removing it from co-ownership.

The co-owner or co-owners who request the transfer to themselves of the share in a property that cannot be separated in kind, at its value as of the date of the action, must assert this request together with the request for exclusion from co-ownership. Before rendering judgment, the judge shall order the payment or deposit of the value of the share within an appropriate time limit to be determined by the judge of his own motion. If the action is accepted, the registration of the share in the name of the requesting party shall be ordered.

If the part corresponding to the share cannot be separated from the property in kind and there is no co-owner requesting that share, the judge shall set a time limit for the defendant to transfer his share and shall order the sale by public auction of the share not transferred within that time limit. The decision of sale shall be executed in accordance with the provisions on conversion into money through compulsory enforcement.

The provisions on the exclusion of a co-owner shall also apply by analogy to holders of a usufruct or other right in rem over a share, or of a personal right of enjoyment annotated in the land register. However, a right that is not transferable shall be terminated against appropriate compensation.

Unless there is an obligation to continue the co-ownership pursuant to a legal transaction or because the property in co-ownership has been dedicated to a permanent purpose, each co-owner may request the partition of the property.

The right to request partition may be limited by a legal transaction for a period of at most ten years. Contracts on the continuation of co-ownership of immovables shall be subject to official form and may be annotated in the land register.

Partition may not be requested at an inappropriate time.

Partition shall be effected by dividing the property in kind or by selling it by private sale or by auction and dividing the proceeds.

If no agreement can be reached on the manner of partition, the judge, upon the request of one of the co-owners, shall order that the property be divided in kind and distributed, and, where the values of the divided parts are not equivalent, that equalisation be achieved by adding money to the part of lesser value.

If the request for division is not deemed appropriate in view of the circumstances and conditions, and in particular if the property in co-ownership cannot be divided without significant loss of value, sale by public auction shall be ordered. A decision that the sale be conducted by auction among the co-owners shall require the consent of all co-owners.

Where a co-owner establishes a usufruct over his own share and one of the other co-owners requests partition within three months from the notification to him of the establishment of the usufruct, then in the case of partition by sale the usufruct shall continue over the proceeds attributable to the share concerned.

The ownership of those who own property jointly by reason of a community formed pursuant to law or to contracts provided for by law is joint ownership.

In joint ownership, the co-owners do not have determined shares, and the right of each extends to the whole of the property included in the community.

The rights and obligations of the joint owners shall be determined by the provisions of the law or contract giving rise to the community.

Unless otherwise provided in the law or the contract, the unanimous decision of the joint owners shall be required for both acts of management and acts of disposition.

As long as a community arising from contract continues, no partition may be made and no disposition may be made over a share.

Each joint owner may ensure the protection of the rights included in the community. All joint owners shall benefit from such protection.

Joint ownership shall end with the transfer of the property, the dissolution of the community or the conversion into co-ownership.

Unless otherwise provided, partition shall be made in accordance with the provisions on co-ownership.

The objects of immovable ownership are the following:

1. Land,

2. Independent and permanent rights registered on a separate page of the land register,

3. Independent units registered in the condominium register.

Immovable ownership shall be acquired by registration.

In cases of inheritance, court decision, compulsory enforcement, appropriation, expropriation and other cases provided for by law, ownership shall be acquired prior to registration. However, in these cases the owner's ability to carry out acts of disposition shall depend on the ownership having been registered in the land register.

The validity of contracts aimed at the transfer of immovable ownership shall depend on their being executed in official form.

Dispositions mortis causa and marital property regime contracts shall be subject to their own specific forms.

The acquisition by appropriation of ownership of an immovable registered in the land register shall depend solely on its registration having been cancelled upon the request of the owner.

Ownership may not be acquired by appropriation over immovables not registered in the land register.

Usable land newly formed in ownerless places due to causes such as accretion, filling, landslide or changes in the bed or level of public waters shall belong to the State.

The State may, provided there is no public objection, transfer such land primarily to the person whose land suffered loss or to the owner of the adjoining land.

An owner who proves that pieces of land have been detached from his own land may reclaim them within one year from the date on which he learned of the situation and, in any event, within ten years from the date on which the formation occurred.

A land shift shall not entail a change of boundaries.

The provisions on drifted objects and on commingling shall apply to pieces of land and other objects that have passed from one immovable to another as a result of a land shift.

The principle that a land shift does not lead to a change of boundaries shall not apply in areas determined by the competent authorities to be landslide zones.

When determining such areas, the structure of the land in the area shall be taken into account.

The fact that an immovable is located in such an area shall be notified to the persons concerned in an appropriate manner and entered in the declarations column of the land register.

Where a boundary no longer reflects reality as a result of a land shift, the owner of the immovable concerned may request that the boundary be determined anew.

Surpluses and deficits shall be equalised.

Where a person who has been entered in the land register as owner without a valid legal ground maintains possession of the immovable in good faith, without challenge and without interruption, for a period of ten years, his right of ownership acquired in this manner may not be contested.

A person who has held possession of an immovable not registered in the land register, without challenge and without interruption, for a period of twenty years and in the capacity of owner, may request that the registration in the land register of the right of ownership over the whole, a part or a share of that immovable be ordered.

Under the same conditions, the possessor of the whole, or of a part whose division is not objectionable, of an immovable whose owner cannot be ascertained from the land register or which is registered in the name of a person declared absent (…) twenty years earlier, may also request that the registration in the land register of the right of ownership over the whole, a part or a share of that immovable be ordered.

The action for registration shall be brought against the Treasury and the public legal persons concerned or, if any, against the heirs of the person appearing as owner in the land register.

The subject of the action shall be announced by the court at least three times, by appropriate means and at appropriate intervals, in a newspaper and on an internet news site, and also at the place where the immovable is located.

If, within three months from the last announcement, no one objects by asserting that the above conditions have not been met, or the objection is not found justified, and the claimant's claim is proven, the judge shall order the registration. Ownership shall be deemed acquired at the moment the conditions provided for in paragraph 1 were fulfilled.

The defendants and the objecting parties may request, in the same action, that registration be ordered in their own names.

The decision shall specify the nature, location, boundaries and surface area of the immovable whose registration is requested, and a sketch containing technical information prepared by experts shall also be attached to the decision.

The provisions of special laws are reserved.

In calculating, interrupting and suspending the periods of acquisitive prescription, the provisions of the Code of Obligations on limitation shall apply by analogy.

Ownerless places and property for public benefit shall be under the rule and disposition of the State.

Unless proven otherwise, waters for public benefit and places not suitable for cultivation, such as rocks, hills, mountains and glaciers, as well as the springs arising from them, shall not be in anyone's ownership and may in no way be the subject of private ownership.

The acquisition, maintenance, protection, operation and use of ownerless places and property for public benefit shall be subject to the provisions of special laws.

A person who, based on a legal ground serving as the basis for the acquisition of ownership, holds a personal right to request from the owner that ownership be registered in his own name may, if the owner refuses, request the judge to transfer the ownership by judgment.

A person who acquires the ownership of an immovable on the basis of appropriation, inheritance, expropriation, compulsory enforcement or a court decision may have the registration made directly.

Changes in the ownership of an immovable arising from the marital property regime between spouses shall be registered directly in the land register upon the request of one of the spouses.

Immovable ownership shall end by cancellation of the registration or by the complete destruction of the immovable.

Ownership of land shall extend, to the extent that there is an interest in its use, to the air space above it and the earth layers beneath it.

Subject to statutory limitations, the scope of this ownership shall also include buildings, plants and springs.

The boundaries of an immovable shall be determined by the land register plans and the boundary markers on the ground.

If the land register plans and the markers on the ground do not correspond, the boundary in the plan shall prevail. This rule shall not apply in areas determined by the competent authorities to be landslide zones.

Every landowner shall be obliged, upon the request of his neighbour, to contribute to the correction of the land register plans or to the placing of boundary markers on the ground for the determination of uncertain boundaries.

Boundary structures such as walls, railings and fences serving to separate two immovables shall be deemed to be the property in co-ownership of both neighbours, unless proven otherwise.

If a person uses another person's materials in a building on his own land, or his own or another person's materials in a building on another person's land, such materials shall become an integral part of the land.

However, if the removal of materials used without the consent of their owner would not cause excessive damage, the owner of the materials may request that they be removed and delivered to him at the expense of the person who had the building constructed.

Under the same conditions, the owner of the land may also request that the materials used in a building constructed without his consent be removed at the expense of the person who had the building constructed.

If the materials are not removed, the landowner shall be obliged to pay appropriate compensation to the owner of the materials.

If the landowner who had the building constructed was not in good faith, the judge may order full compensation of the damage suffered by the owner of the materials.

If the owner of the materials who had the building constructed was not in good faith, the amount to be awarded by the judge may not exceed the minimum value of these materials for the landowner.

If the value of the building clearly exceeds the value of the land, the party in good faith may request that ownership of the building and of the whole or a sufficient part of the land be given to the owner of the materials against appropriate consideration.

The part of a building that encroaches onto land belonging to another shall become an integral part of the immovable of the owner who constructed the building, if that owner holds a servitude over the encroached land.

If there is no such servitude, and the injured owner has not objected within fifteen days from the date on which he learned of the encroachment, and the circumstances and conditions also justify it, the person who constructed the encroaching building in good faith may request, against appropriate consideration, the establishment of a servitude for the encroaching part or the transfer to him of ownership of the portion of land on which that part is located.

Ownership of buildings constructed to remain permanently below or above land belonging to another on the basis of a building servitude shall belong to the holder of the servitude.

The establishment of condominium ownership or construction servitude over independent units of a building suitable for use on their own shall be subject to the Condominium Ownership Law.

No separate building right may be established over independent units.

Conduits for water, gas, electricity and the like shall, unless otherwise arranged, be deemed to be an accessory of the enterprise and the property of the owner of the enterprise, even if they are located outside the immovable on which the enterprise is located.

Except in cases required by neighbourhood law, an immovable may be encumbered with such a conduit as a right in rem only by establishing a servitude.

The servitude shall arise by registration in the land register if the conduit is not visible from outside, and, if it is visible from outside, by the construction of the conduit on the basis of a contract executed before a notary.

Light structures such as huts, kiosks, arbours, sheds and the like, constructed on the land of another without the intention of being permanent, shall belong to their owners.

Such structures shall be subject to the provisions on movable property and shall not be shown in the land register.

If a person plants another person's saplings on his own land, or his own or a third person's saplings on another person's land, the provisions on buildings constructed using another person's materials or on movable structures shall also apply to them.

Trees and forests may not be the subject of a building right.

A person who suffers damage or faces a risk of damage as a result of an owner of an immovable exercising his right of ownership contrary to the statutory restrictions on that right may bring an action for restoration of the previous state of affairs and for removal of the danger and of the damage suffered.

The judge may order that damage arising from excesses that are in conformity with local custom and unavoidable be equalised by appropriate compensation.

Restrictions on immovable ownership arising from law shall take effect without registration in the land register.

The removal or modification of these restrictions shall depend on the relevant contract being executed in official form and annotated in the land register.

Restrictions imposed in the public interest may not be removed or modified.

In co-ownership, where a co-owner sells all or part of his share in the immovable to a third party, the other co-owners may exercise the right of pre-emption.

Amended paragraph 1: 24/12/2025, Law No. 7571, Art. 35 The right of pre-emption may not be exercised in sales made within the scope of the State Procurement Law No. 2886 dated 8/9/1983 or in sales by compulsory auction.

Waiver of the right of pre-emption must be made in official form and annotated in the land register. Renunciation of the exercise of the right of pre-emption in a particular sale shall be subject to written form and may be made before or after the sale.

The sale made shall be notified to the other co-owners through a notary by the buyer or the seller.

The right of pre-emption shall lapse upon the expiry of three months from the date on which the sale was notified to the right holder and, in any event, upon the expiry of one year from the sale.

The right of pre-emption shall be exercised by bringing an action against the buyer.

Amended paragraph 2: 24/12/2025, Law No. 7571, Art. 36 The market value of the share in dispute shall be determined by the judge without delay. The holder of the right of pre-emption shall be obliged to deposit in cash the determined market value together with the land registry expenses borne by the buyer, at the place designated by the judge so as to earn interest, within the peremptory time limit granted. If this obligation is not fulfilled within the peremptory time limit granted, the registration of the share in the name of the holder of the right of pre-emption may not be ordered. The deposited amount shall be paid to the person concerned together with its accrued interest upon the judgment becoming final.

A contractual right of pre-emption annotated in the land register may be exercised against every owner within the period and in accordance with the conditions specified in the annotation. If the conditions are not specified in the register, the conditions of the sale of the immovable to the third party shall be taken as the basis.

The effect of the annotation shall in any case end upon the expiry of ten years from the date on which the annotation was made.

The provisions on the exercise of the statutory right of pre-emption and on renunciation shall also apply to the contractual right of pre-emption.

Rights of purchase and repurchase annotated in the land register may be exercised against every owner within the period specified in the annotation.

The effect of the annotation shall in any case end upon the expiry of ten years from the date on which the annotation was made.

Everyone, when exercising the powers arising from ownership of immovable property, and in particular when carrying on business operations, shall be obliged to refrain from any excess that would adversely affect his or her neighbours.

In particular, it is prohibited to cause disturbance by emitting smoke, vapour, soot, dust or odours, or by making noise or vibrations, to a degree exceeding what may be tolerated between neighbours according to the situation and nature of the immovable property and local custom.

Rights relating to compensation arising from excesses that are in conformity with local custom and unavoidable are reserved.

The owner, when carrying out excavations and construction, shall be obliged to refrain from causing damage to neighbouring immovable properties by shaking or endangering their soil or by affecting the installations thereon.

The provisions relating to encroaching structures shall apply to structures that are contrary to the rules of neighbour law.

The rules to be observed in excavations and construction shall be determined by special laws.

Where branches and roots that encroach onto the neighbour's land and cause damage are not removed within a reasonable time upon the neighbour's request, the neighbour may cut off such branches and roots and take them into his or her own ownership.

A neighbour who tolerates the overhanging of branches onto his or her cultivated or built-upon land shall have the right to gather the fruit growing on those branches.

These provisions shall not apply to neighbouring forests.

The rules that owners of neighbouring immovable properties are obliged to observe when planting shall be determined by special laws.

The owner of an immovable property shall be obliged to tolerate the flow of water flowing naturally onto his or her land from the land situated above, and in particular of rain water, snow water and water from springs that have not been captured.

None of the neighbours may alter the flow of such water to the detriment of the other.

The owner of the upper land may retain the water needed by the lower immovable property only to the extent that it is indispensable for his or her own immovable property.

Where the water of a land has from time immemorial flowed naturally onto the land situated below, the owner of the lower land shall be obliged to accept such water, without the right to claim compensation, also when excess water is drained from the upper land.

Where the owner of the lower land suffers damage from the water flowing as a result of the drainage, he or she may demand that the water be conveyed through a conduit to be constructed on his or her own land, at the expense of the owner of the upper land.

The provisions of special laws on the draining of marshes are reserved.

Every owner of an immovable property shall be obliged, subject to full compensation in advance for all the damage he or she will suffer, to tolerate the passage under or over his or her land of water conduits, drainage channels, pipes for gas and the like, and electric lines and cables, where their passage elsewhere is impossible or excessively costly.

Where the passage of conduits is subject to the rules of expropriation, the neighbour law provisions of this Code relating to conduits shall not apply.

The right to pass a conduit shall be registered in the land register upon the request of the right holder and on condition that he or she pays the costs.

The owner of the burdened immovable property may demand that his or her interests be taken into account in an equitable manner.

Where there are extraordinary circumstances concerning the conduits to pass over the land, the owner may demand the purchase of an appropriate portion of the plot of land over which such conduits are to pass, at a price that fully covers his or her loss.

If circumstances change, the owner of the burdened immovable property may demand that the conduit be relocated to another place for his or her benefit.

The costs of relocation shall, as a rule, be borne by the holder of the conduit right.

Where special circumstances justify it, the owner of the immovable property may also be required to contribute to an appropriate portion of the costs.

An owner who has no adequate access from his or her immovable property to a public road may demand from his or her neighbours that a right of way be granted in return for full compensation.

This right shall be exercised first against the neighbour from whom the granting of such access is most appropriate having regard to the previous ownership and road conditions, and then against the neighbour who will suffer the least damage therefrom.

The right of necessary way shall be determined taking into account the interests of both parties.

The right of the owner of an immovable property to enter a neighbouring immovable property temporarily for the purpose of operating or improving his or her immovable property or constructing a building thereon, as well as field paths, cattle watering paths, winter passages, log sliding paths and chutes, and other similar passages, shall be subject to the provisions of special laws.

In the absence of a provision of special law, local custom shall apply.

Rights of way arising directly from the law come into existence without registration in the land register. However, those of a permanent nature shall be indicated in the declarations column.

Without prejudice to the provisions on co-ownership of boundary enclosures, each landowner shall bear the costs incurred for enclosing the boundary of his or her immovable property with enclosures such as fences or walls.

The provisions of special laws on the obligation to enclose land and on the manner of enclosure are reserved.

Every owner of an immovable property shall be obliged to contribute, in proportion to his or her benefit, to the works necessary for the exercise of the powers arising from neighbour law and to the costs thereof.

Unless prohibited by the competent authorities for the purpose of protecting vegetation, everyone may enter the forests and pastures of another and gather and take away the wild fruits, mushrooms and similar things growing there to the extent permitted by local custom.

Entry onto the land of another for the purpose of hunting and fishing shall be subject to the provisions of special laws.

The landowner shall be obliged to permit the right holders to search for and retrieve things carried or fallen onto his or her land through the effect of water, wind, avalanche or other natural forces or by chance, as well as animals that have entered it, such as large and small livestock, swarms of bees, poultry and fish.

The landowner shall have the right to demand compensation for the damage he or she has suffered as a result, and to retain those things until the compensation is paid to him or her.

Where a person can avert a damage threatening himself or herself or another, or an imminent danger, only by interfering with the immovable property of another, and such damage or danger is considerably greater than the damage that would arise from the interference with the immovable property, the owner shall be obliged to tolerate it.

The owner may claim equitable compensation for the damage he or she has suffered as a result.

Restrictions on the right of ownership of immovable property in the public interest, in particular restrictions of ownership relating to the building, fire, natural disaster and health police services; to the placing of boundary markers and triangulation points on forests and roads, and on main and secondary roads along sea and lake shores; to the improvement or subdivision of land and the consolidation of agricultural land or building plots; and to the protection of antiquities, natural beauties, landscapes, viewpoints and rare natural monuments, as well as mineral springs, thermal springs, mineral and spring waters, shall be subject to the provisions of special laws.

Where improvement works such as the regulation of watercourses, irrigation, the draining of marshland, the opening of roads, afforestation and land consolidation can be carried out only through the joint undertaking of the owners concerned, a decision to that effect must be taken by two thirds of the owners, on condition that they own more than half of the land. The other owners shall also be obliged to comply with this decision. The decision taken shall be indicated in the declarations column of the land register.

The provisions of special laws on these matters are reserved.

Springs are an integral part of the land, and ownership of them may be acquired only together with ownership of the land on which they rise.

A right over springs located on the land of another shall be established as a servitude by registration in the land register.

Groundwater is among the waters belonging to the public interest. Ownership of land shall not result in ownership of the groundwater beneath it.

The provisions of special laws on the manner and extent to which landowners may make use of groundwater are reserved.

Any person who causes damage to the owner or to a right holder by cutting off, even partially, or by polluting, through excavation, construction or similar activities, springs or wells that are used to a considerable extent or whose water is collected for the purpose of use, shall be obliged to make good such damage.

Where the damage was not caused intentionally or negligently, or where the injured party is also at fault, the judge shall determine at his or her discretion whether compensation is due and, if so, its amount and type.

Where springs that are necessary for living on or operating an immovable property or for supplying drinking or utility water to a place are cut off or polluted, restoration of the spring to its former state may be demanded as far as possible.

In other cases, restoration to the former state may be demanded only where special circumstances justify it.

Where neighbouring springs belonging to different owners are fed from a common main source, each of the owners may demand that these springs be captured jointly and that the water be distributed among the right holders in proportion to their use up to that time.

The right holders shall bear the costs of the common installation in proportion to their use.

In the event of objection by one of them, each of the right holders may carry out the works necessary for capturing and conveying the water of his or her own spring, even if the water in the other springs is thereby reduced, and, where the quantity of water reaching his or her own spring increases as a result of such works, shall be obliged to pay compensation only in proportion to such increase.

The use by neighbours and other persons of springs, wells or streams located on land subject to private ownership for drinking, drawing water or watering animals or in similar ways shall be subject to the provisions of special laws. In the absence of a provision of special law, local custom shall apply.

The owner of an immovable property who lacks the water necessary for his or her house, land or business and who cannot obtain it otherwise without excessive effort and expense may demand from his or her neighbour the establishment of a servitude enabling him or her to obtain, in return for full compensation, the water in excess of the neighbour's needs.

In establishing the servitude of necessary water, the interests of the owner of the spring shall be taken into account first.

If circumstances change, the modification or removal of the established servitude may be demanded.

The object of ownership of movable property consists of tangible things that are movable by their nature and of natural forces that are capable of appropriation and do not fall within the scope of ownership of immovable property.

The transfer of ownership of movable property requires the transfer of possession.

A person who, in good faith and as owner, takes over possession of a movable shall become the owner of that thing, even if the transferor had no power to transfer ownership, in cases where the acquisition is protected under the provisions on possession.

A reservation of ownership in respect of a thing transferred to another shall be valid only if the contract, which shall be made in official form, is entered in the special register at the notary's office of the transferee's domicile.

A contract reserving ownership may not be concluded in sales of animals.

A person who sells goods by instalments may, on condition that he or she complies with the special provisions relating to such sales, demand the return of the goods sold on the basis of the contract reserving ownership.

Where a person who transfers ownership of a movable retains possession of that thing on the basis of a special legal relationship, ownership shall pass without delivery. However, if this transaction was made in order to harm third parties or to circumvent the rules on pledges of movables, the transfer of ownership shall have no effect.

The judge shall determine at his or her discretion whether such a purpose was pursued.

A person who takes possession of an ownerless movable with the intention of becoming its owner shall become its owner.

Captured game animals become ownerless if they regain their freedom and their owners do not search for them without delay and without interruption and strive to capture them again.

Tamed animals become ownerless if they become wild again and do not return to their owners.

A swarm of bees does not become ownerless merely by flying onto the immovable property of another.

A person who finds a lost thing shall be obliged to notify the owner of the thing or, if he or she does not know the owner, the law enforcement authorities or, in villages, the headman (muhtar), or to make inquiries and, where necessary, to give public notice.

Where the thing found is of considerable value, notification to the law enforcement authorities or the headman shall in any case be required.

A person who finds a thing in an inhabited house or in a workplace or in a place where a public service is performed shall be obliged to hand it over to the owner of that place or to the tenant, or to those charged with control and supervision in the place where a public service is performed.

The thing found must be kept with care.

Where its keeping requires excessive expense, or it is of a perishable nature, or it has been kept by the law enforcement authorities or a public institution for more than one year, the thing found may be sold. The sale shall be made by public auction, with prior public notice where necessary.

The sale proceeds shall take the place of the thing found.

Where the owner of the thing found does not come forward within five years from the date of public notice or of notification to the law enforcement authorities or the headman, the finder shall acquire ownership of that thing, provided that he or she has fulfilled his or her obligations.

Where the thing found is returned to its owner, the finder may claim reimbursement of the expenses incurred and an appropriate reward.

Where the lost thing was found in an inhabited house or in a workplace or in a place where a public service is performed, the owner of that place, the tenant or the institution shall be deemed to be the finder of that thing. However, they may not claim a reward.

Valuable things which, it is established with certainty, were buried or hidden long before their discovery and, in the circumstances, no longer have an owner shall be deemed treasure.

Without prejudice to the provisions on objects of scientific value, treasure shall belong to the owner of the immovable or movable property in which it was found.

The finder of the treasure may claim an appropriate reward not exceeding half of its value.

Where ownerless natural objects of scientific value or antiquities are found, the provisions of special laws shall apply.

Where movable goods or animals come within the sphere of control of a person through the effect of water, wind, avalanche or other natural forces or by chance, that person shall have the rights and be subject to the obligations of a finder of lost property.

A swarm of bees that migrates into the hive of another shall become the property of the owner of the hive without any obligation to pay compensation.

Where a person works or transforms into another form a thing belonging to another, the new thing shall belong to the processor if the value of the labour exceeds the value of that thing, and otherwise to the owner.

Where the processor was not in good faith, the judge may award the new thing to the owner even if the value of the labour is greater than the value of the processed thing.

Claims for compensation and claims arising from unjust enrichment are reserved.

Where the movables of several persons have been joined or mixed with one another in such a way that they cannot be separated without considerable damage or excessive labour and expense, those persons shall acquire co-ownership of the new thing in proportion to the value of their respective movables at the time of joining or mixing.

Where a movable is mixed or joined with another movable in such a way that it becomes an accessory integral part thereof, the whole thing shall belong to the owner of the principal part.

Claims for compensation and claims arising from unjust enrichment are reserved.

A person who has had a movable belonging to another in his or her possession in good faith and as owner, without action and without interruption, for five years shall become the owner of that movable by prescription.

In the event of involuntary loss of possession, acquisitive prescription shall not be interrupted if the possessor recovers the thing within one year or regains it by way of an action he or she brings.

The provisions of the Code of Obligations on limitation shall apply by analogy to the calculation, interruption and suspension of the period of acquisitive prescription.

Ownership of movable property shall not end merely through loss of possession, unless it has been abandoned by the owner or acquired by another person.

A servitude in favour of an immovable property is a burden imposed on one immovable property in favour of another immovable property, which obliges the owner of the servient immovable property to refrain from exercising certain powers conferred by the right of ownership or to tolerate the owner of the dominant immovable property using the servient immovable property in a certain manner.

Obligations to perform positive acts may not form the sole object of a servitude; they may be attached to it only as an ancillary obligation.

Registration in the land register is required for the creation of a servitude.

Unless otherwise provided, the provisions relating to ownership of immovable property shall apply to the acquisition and registration of servitudes.

Acquisition of a servitude by prescription is possible only with respect to immovable properties whose ownership may be acquired in that manner.

The validity of a contract for the creation of a servitude shall depend on its being drawn up in official form.

An owner may create a servitude on one of two immovable properties belonging to him or her in favour of the other.

A servitude ends with the cancellation of its registration or with the destruction of the servient or dominant immovable property.

Where the same person becomes the owner of both the servient and the dominant immovable properties, that person may have the servitude cancelled.

Unless cancelled, the servitude shall continue to exist as a right in rem.

Where the servitude no longer provides any benefit to the immovable property in favour of which it was established, the owner of the servient immovable property may demand the cancellation of that right.

The partial or total cancellation, in return for compensation, of a servitude that provides very little benefit in relation to its burden may be demanded.

The holder of a servitude may take the measures necessary for the preservation and exercise of his or her right; however, he or she shall be obliged to exercise his or her right in a manner that causes the least damage to the owner of the servient immovable property.

The owner of the servient immovable property may not engage in any conduct that would prevent or impede the exercise of the servitude.

Insofar as it clearly specifies the powers and obligations arising from the servitude, the registration shall form the basis for determining the scope of the servitude.

In cases where it is not clearly apparent from the registration, the scope shall be determined, within the limits of the registration, according to the ground for acquisition of the servitude or the manner in which it has been exercised for a long time without action and in good faith.

A change in the needs of the dominant immovable property may not increase the burden on the servient immovable property arising from the servitude.

In determining the scope of rights of way such as field paths and footpaths or carriage ways, as well as rights of grazing animals, watering animals, drawing water for fields or irrigation ditches and similar rights, the agreement between the parties or the provisions of special laws, and in their absence local custom, shall apply.

The maintenance of the installations necessary for the exercise of the servitude shall be the responsibility of the owner of the dominant immovable property.

Where the installations are also beneficial to the owner of the servient immovable property, both owners shall contribute to their maintenance costs in proportion to their benefit.

Where a servitude has been established on condition that only a certain part of the servient immovable property is used, the owner of that immovable property may, provided that he or she proves his or her interest and bears the costs, demand that the servitude be relocated to another part of the immovable property in a manner that does not impede the exercise of the right.

The owner of the servient immovable property may exercise this power even if the place where the servitude is to be exercised is specified in the land register.

In the relocation of conduits from one place to another, the rules of neighbour law shall also be taken into account.

Where the dominant immovable is divided into parcels, the rule is that the servitude continues for the benefit of each parcel.

However, if, according to the circumstances and conditions, the servitude can be exercised for the benefit of only one parcel, the owner of the servient immovable may request the deletion of the servitude in respect of the other parcels.

The land registry officer shall notify the holder of the servitude of this request and, if the holder does not object within one month, shall delete the servitude.

Where the servient immovable is divided into parcels, the rule is that the servitude continues over each parcel.

However, if the servitude is not exercised over certain parcels and, according to the circumstances and conditions, cannot be exercised over them, each of the owners of those parcels may request the deletion of the servitude over his or her own immovable.

The land registry officer shall notify the holder of the servitude of this request and, if the holder does not object within one month, shall delete the servitude.

A usufruct may be established over movables, immovables, rights or a set of assets.

Unless otherwise provided, this right confers on its holder the power of full enjoyment of its object.

A usufruct is established, in the case of movables, by transfer of possession; in the case of receivables, by assignment of the receivable; and in the case of immovables, by registration in the land register.

Unless otherwise provided, the provisions relating to ownership shall apply to the acquisition and registration of a usufruct over movables and immovables.

A statutory usufruct over an immovable may be asserted against persons who know of it even if it has not been registered in the land register. If it has been registered, it may be asserted against everyone.

A usufruct is extinguished by the total destruction of its object and, in the case of immovables, by deletion of the registration; a statutory usufruct is extinguished by the disappearance of its cause.

Other grounds of extinction, such as expiry of the term or the waiver or death of the holder, confer on the owner, in the case of immovables, the power to request deletion.

A usufruct is extinguished, in the case of natural persons, by the death of the holder; in the case of legal persons, by expiry of the agreed term or, where no term has been agreed, by the dissolution of the legal personality.

The usufruct of legal persons may last for a maximum of one hundred years.

The owner is not obliged to restore to a usable condition an asset subject to a usufruct which has been damaged to such an extent that it can no longer be enjoyed; if the owner does so, the usufruct is re-established.

In cases such as insurance and expropriation, the usufruct continues over the compensation that takes the place of the object of the right.

Upon the extinction of the usufruct, the holder is obliged to return to the owner the asset that is the object of the right.

The usufructuary is liable for the destruction or loss in value of the asset unless he or she proves that the damage was not caused by his or her fault.

The usufructuary is obliged to compensate for items consumed although this was not necessary for his or her enjoyment.

The usufructuary is not liable for losses in value resulting from the ordinary use of the asset.

Upon the extinction of the right, the usufructuary may claim compensation, in accordance with the provisions on agency without authority, for expenses, renewals and additions made although he or she was not obliged to make them.

Where the owner refuses to pay compensation, the usufructuary may remove the additions he or she made, provided that the asset is restored to its former condition.

All claims that may be asserted by the owner and the usufructuary at the time of return shall become time-barred upon the expiry of one year from that time.

The usufructuary has the powers to possess, manage, use and enjoy the asset that is the object of the right.

In exercising these powers, the usufructuary shall exercise the care of a prudent manager.

Natural fruits that ripen during the term of the usufruct belong to the usufructuary.

The owner or usufructuary who did the sowing or planting may claim from the other party who gathers the ripened fruits appropriate compensation for the expenses incurred, not exceeding the value of the fruits.

Component parts which by their nature are not considered natural yields or fruits of the asset belong to the owner.

Interest and other periodic income of capital subject to a usufruct belong to the usufructuary from the date on which the usufruct commences until the date on which it ends, even if they fall due later.

Unless the contract provides otherwise, or unless it is apparent from the circumstances and conditions that the right must be exercised personally by its holder, the exercise of a usufruct may be transferred to another person.

In that case, the owner may assert his or her rights directly against the transferee.

The owner may object to any use of the asset that is the object of the right which is unlawful or inconsistent with its nature.

An owner who proves that his or her rights are endangered may request security from the usufructuary.

Where the object of the usufruct consists of consumable things or negotiable instruments, the owner may request security even before delivery, without the need to prove any danger.

The deposit of negotiable instruments in a safe place shall take the place of security.

No security may be requested from a donor in donations made with the usufruct reserved to the donor.

If the usufructuary fails to provide security within the appropriate time limit granted to him or her, or continues to use the asset that is the object of the right unlawfully despite the objection of the owner, the judge of the civil court of peace shall, pending a new decision, terminate the possession of the usufructuary and entrust the object of the right to a trustee whom the judge shall appoint.

The owner or the usufructuary may at any time request from the other that an official inventory of the assets subject to the usufruct be drawn up by a notary, with the costs to be shared.

The usufructuary is obliged to carry out the repairs and renewals necessary for the preservation and ordinary maintenance of the asset that is the object of the right.

If the preservation of the asset requires more substantial works or measures, the usufructuary shall notify the owner of the situation and permit their execution.

Where the owner refuses to carry out the necessary works, the usufructuary may carry them out himself or herself at the owner's expense.

The ordinary maintenance and operating costs of the asset subject to the usufruct, the interest on debts for which it serves as security, and the taxes and charges on it shall be borne by the usufructuary for the duration of the usufruct.

If the owner has paid the taxes and charges, the usufructuary shall reimburse the owner for them in accordance with the principle set out above.

All other obligations shall be borne by the owner. However, if the usufructuary, upon request, does not provide the owner free of charge with the money required to discharge these obligations, the owner may convert the asset subject to the usufruct into money, in part or in whole, in order to discharge them.

In a usufruct over a set of assets, the usufructuary is obliged to pay the interest on the debts included in those assets. However, if the circumstances and conditions justify it, the usufructuary may request to be released from this obligation. In that case, the usufruct continues over the part remaining after the debts have been paid.

Where good management so requires according to local custom, the usufructuary is obliged to insure the asset against fire and other risks for the benefit of the owner.

In that case, or where the usufruct has been established over an insured asset, the usufructuary is obliged to pay the insurance premiums for the duration of the right.

A person who has a usufruct over an immovable shall ensure that the enjoyment remains within ordinary limits.

Fruits obtained by exceeding this measure belong to the owner.

The usufructuary may not change the economic purpose of the immovable subject to the usufruct in a manner that would cause significant damage to the owner; in particular, he or she may neither convert it into a new form nor make any significant alteration to it.

The usufructuary may open stone, lime, marble and peat quarries and the like, provided that he or she gives the owner prior notice and does not significantly alter the economic purpose of the immovable.

A person who has a usufruct over a forest may enjoy it within the framework of a management plan complying with the provisions of special laws.

The owner and the usufructuary may request that their rights be taken into account when the management plan is being drawn up.

Where ordinary enjoyment has been significantly exceeded owing to storm, snow, fire, flood, infestation by harmful insects or other causes, the forest shall be managed in such a way as to gradually reduce this loss, or the management plan shall be adapted to the new situation. The proceeds obtained from the excessive enjoyment shall be invested so as to yield interest and shall be allocated to making good the shortfall in yield.

Unless otherwise agreed, ownership of consumable things passes to the usufructuary; however, the usufructuary is obliged to pay their value as at the date of return.

Unless otherwise agreed, the usufructuary may freely dispose of other movables delivered to him or her at an appraised value; however, if he or she exercises this power, he or she is obliged to pay the appraised value of those things at the time of return. In the case of agricultural equipment, herds of animals, commercial goods or similar things, this payment may be made by delivering items of the same kind and quality.

A usufruct over a receivable confers the power to acquire its yield.

Demands for payment addressed to the debtor and dispositions over negotiable instruments must be made jointly by the creditor and the usufructuary, and any notice given by the debtor for the purpose of paying the debt must be addressed to both of them.

If the receivable is endangered, each of the creditor and the usufructuary may request the other to participate in taking the measures required by good management.

A debtor who has not been authorised to pay either the creditor or the usufructuary alone shall pay the debt to both of them jointly or deposit it at a place to be determined by the judge.

The subject matter of the performance rendered, and in particular any principal repaid, shall be subject to the usufruct.

The creditor or the usufructuary may request that the principal be invested in a safe and income-producing manner.

Within three months following the commencement of the usufruct, the usufructuary may request the assignment to him or her of the receivables and negotiable instruments that are the object of the right.

The usufructuary becomes liable to the assignor to pay the price of the receivables and negotiable instruments in the amount of their value at the time of assignment and, unless this is waived, is further obliged to provide security for this debt.

If the right to request security has not been waived, the assignment takes effect only after security has been provided.

A right of habitation confers the power to use a building or part of it as a dwelling.

A right of habitation may not be transferred to another person and does not pass to heirs.

Unless the Code provides otherwise, the provisions relating to usufruct shall also apply to the right of habitation.

The scope of the right of habitation is generally determined according to the personal needs of the holder.

Unless it is expressly stated that the right is reserved exclusively to the holder personally, the holder of the right of habitation may live in the building or part of it together with his or her family and household members.

A person who has a right of habitation over part of a building may also use the areas allocated to common use.

Where the right of habitation confers the power to use the whole of a building or of a part of it, the costs of the repairs and renewals necessary for the preservation and ordinary maintenance of the building or part shall be borne by the holder of the right of habitation.

If the holder of the right of habitation uses the building or part of it together with the owner, the maintenance and repair costs shall be borne by the owner.

The owner of an immovable may establish in favour of a third party a servitude conferring the power to construct a building below or above the surface of his or her land or to maintain an existing building.

Unless otherwise agreed, this right is transferable and passes to heirs.

If the building right is independent and permanent in nature, it may be entered in the land register as an immovable at the request of the holder of the building right. A building right established for at least thirty years is permanent in nature.

Contractual stipulations contained in the official deed concerning the content and scope of the building right, in particular concerning the location, form, nature, dimensions and intended purpose of the building and the use of the area on which no building stands, are binding on everyone.

Upon the extinction of the building right, the buildings remain with the owner of the land and become component parts of the land.

If an independent and permanent building right has been entered in the land register as an immovable, that register page shall be closed upon the extinction of the building right. Pledge rights and all other rights, restrictions and obligations over the building right entered as an immovable shall also be extinguished upon the closing of the page. The provisions concerning compensation are reserved.

Unless otherwise agreed, the owner of the immovable shall not pay the holder of the building right any compensation for the buildings that remain with the owner. If it has been agreed that appropriate compensation shall be paid, its amount and method of calculation shall be determined. The compensation agreed to be paid constitutes security for the outstanding claims of the creditors in whose favour the building right has been pledged, and shall not be paid to the holder of the building right without their consent.

If the agreed compensation is not paid or secured, the holder of the building right, or the creditor in whose favour this right has been pledged, may request, as security for the compensation claim, the registration of a mortgage of the same rank and order in place of the deleted building right.

This mortgage shall be registered within three months from the extinction of the building right.

Agreements concerning the amount of the compensation agreed to be paid to the holder of the building right for the buildings that remain with the owner of the immovable and its method of calculation, as well as the cancellation of this compensation debt and the restoration of the land to its original condition, are subject to the official form required for the establishment of the building right and may be annotated in the land register.

If the holder of the building right grossly exceeds the limits of the powers arising from this right or substantially breaches his or her contractual obligations, the owner may request the early transfer to himself or herself of the building right together with all the rights and obligations attached to it.

The owner may request the transfer of the building right subject to paying appropriate compensation for the buildings that will pass to him or her. The fault of the holder of the building right may be taken into account as a ground for reduction in determining the compensation.

The transfer of the building right to the owner is conditional upon payment or securing of the compensation.

The power reserved in the contract in favour of the owner to terminate the building right early or to request its transfer in the event that the holder of the building right breaches his or her obligations is subject to the provisions on requests for early transfer.

In order to secure performances owed in the form of an annuity as consideration for the building right, the owner may request from the holder of the building right at that time the mortgaging of the building right entered in the land register as an immovable for a maximum of three years' annuity.

If the annuity has not been fixed in the form of equal performances for each year, the registration of this statutory mortgage may be requested for the amount that would correspond to three years if the annuity were distributed equally.

The mortgage may be registered at any time as long as the building right continues and shall not be deleted in a sale by way of enforcement.

The provisions on the establishment of the builders' mortgage shall apply by analogy.

A building right may be established as an independent right for a maximum of one hundred years.

After three quarters of its term have expired, a building right may at any time be extended for a new term of up to one hundred years, in compliance with the form prescribed for its establishment. Any prior undertaking in this respect is not binding.

A servitude over a spring located on another person's land obliges the owner of that land to tolerate the taking and conveyance of the water.

Unless otherwise agreed, this right is transferable to another person and passes to the heir.

If the right to a spring is independent in nature and has been established for at least thirty years, it may be entered in the land register as an immovable.

The owner may also establish other servitudes over his or her immovable in favour of any person or community to serve a specific use, such as use as a shooting range, a sports ground or a right of way.

Unless otherwise agreed, these rights are not transferable to another person and do not pass to heirs. The scope of these rights is determined according to the ordinary needs of the holder.

The provisions on servitudes in favour of an immovable shall also apply to servitudes of this kind.

A land charge obliges the owner of an immovable to give something to or do something for another person, with liability limited solely to that immovable.

The owner of another immovable may also be designated as the holder of the right.

Without prejudice to annuity notes and land charges under public law, the object of a land charge may only be a performance arising from the economic nature of the burdened immovable or meeting the economic needs of the benefiting immovable.

Registration in the land register is required for the establishment of a land charge.

The registration shall state, as the value of the land charge, an amount determined in Turkish currency or foreign currency. For periodic performances, unless otherwise agreed, the amount to be shown in the register is twenty times the annual performance.

Unless otherwise provided, the provisions on the ownership of immovables shall apply to the acquisition and registration of a land charge.

Unless otherwise provided, a land charge under public law does not need to be registered in the land register.

Where the law grants the creditor only the power to request the establishment of a land charge, the land charge comes into existence only upon registration.

The provisions on annuity notes shall apply to a land charge established for the purpose of securing a monetary claim.

A land charge is extinguished by deletion of the registration or by the total destruction of the burdened immovable.

Waiver, redemption and other grounds of extinction confer on the owner of the burdened immovable the power to request deletion from the holder of the right.

The creditor may request the owner to redeem the immovable from the charge if authorised to do so by contract or in the following cases:

1. If the burdened immovable has been divided in such a way as to significantly endanger the rights of the creditor;

2. If the owner reduces the value of the burdened immovable and does not provide other security in its place;

3. If the owner has failed to perform the performances due for three consecutive years.

The obligor may request the redemption of the immovable from the charge if authorised to do so by contract or in the following cases:

1. If the creditor does not comply with the contract establishing the land charge;

2. If thirty years have elapsed since the establishment of the charge, even if it was established on condition that it may not be redeemed or for a period exceeding thirty years.

The exercise by the obligor of the power of redemption after thirty years have elapsed is conditional upon notifying the creditor one year in advance.

Where the charge has been established in a form that cannot be terminated as a servitude in favour of an immovable, redemption of the burdened immovable from this charge may not be requested.

Without prejudice to the right to prove that its actual value is lower, redemption shall be effected on the basis of the amount shown in the land register as the value of the land charge.

A land charge is not subject to limitation.

Performances that have fallen due become subject to limitation from the date on which they become a personal debt of the debtor.

A land charge confers on the creditor no personal claim whatsoever against the obligor; it merely entitles the creditor to obtain satisfaction of the claim from the value of the encumbered immovable.

Each performance becomes a personal debt three years after it falls due, and the immovable ceases to serve as security for that debt.

If the owner of the immovable changes, the new owner becomes the obligor of the land charge without any further act being required.

The provisions on the annuity note shall apply to the effect of the division of the encumbered immovable on the land charge.

A charge on immovable property may be created only in the form of a mortgage, a mortgage note or an annuity note.

A charge on immovable property may be created for a specific claim whose amount is stated in Turkish currency. Where the amount of the claim is not determined, the parties shall specify the maximum amount up to which the immovable will secure all of the creditor's demands.

In order to secure loans extended in foreign currency or indexed to a foreign currency by credit institutions operating in Türkiye or abroad, a charge on immovable property may be created in foreign currency. In this case, the amount represented by each rank shall be stated in the type of currency in which the secured claim is determined. However, a charge may not be created in the same rank using more than one type of currency.

Where a rank belonging to a charge created in foreign currency becomes vacant, a charge may be created in its place in Turkish currency, at its equivalent on the date of registration, or in foreign currency. Where a rank belonging to a charge created in Turkish currency becomes vacant, a charge may be created in its place in foreign currency at its equivalent on the date of registration.

In calculating the foreign or Turkish currency equivalents, the foreign exchange buying rate of the Central Bank of the Republic of Türkiye on the date of calculation shall be taken as the basis. The foreign currencies in which charges may be created shall be determined by the President of the Republic.

Subject to restrictive provisions, the parties may agree on the rate of interest as they wish.

A charge may be created only on immovables registered in the land register.

When a charge is created, the immovable that is its subject must be specified.

The parcels of a divided immovable may not be the subject of a charge unless they are entered separately in the land register.

The charging of several immovables for the same debt is permissible only if the immovables belong to the same owner or to owners who are jointly and severally liable for the debt.

In all other cases in which several immovables are charged for the same claim, the amount of the claim for which each immovable provides security shall be specified when the charge is created.

Unless otherwise agreed, the land registry office shall, of its own motion, distribute the security among each of the immovables in proportion to its value.

A charge on immovable property is created by registration in the land register. Exceptions provided by law are reserved.

The validity of a contract for the creation of a charge on immovable property is subject to its being executed in official form.

In co-ownership in shares, a co-owner may charge his or her own share.

After a charge has been created on a share, the co-owners may not charge the property as a whole.

An immovable subject to joint ownership may be charged only as a whole and in the name of all the owners.

A charge on immovable property is extinguished by the cancellation of the registration or by the total destruction of the immovable.

The statutory provisions on expropriation are reserved.

Charges on a parcel consolidated as a result of a parcel consolidation and reallocation procedure carried out by the competent public institution or body shall pass, with their ranks preserved, to the immovable allotted in place of that parcel.

Where the immovable resulting from the consolidation replaces several parcels charged for different claims, or some of which are unencumbered, the charges passing to that immovable shall cover the immovable as a whole and shall preserve their ranks as far as possible.

The debtor of a claim secured by one of the consolidated immovables may, subject to giving three months' notice, release the immovable from the charge by paying its equivalent at the time of the consolidation.

Money paid as compensation for a charged immovable shall be distributed among the creditors according to their ranks and, if they are of the same rank, in proportion to the amounts of their claims.

Where this compensation exceeds one twentieth of the amount of the claim secured by the charge, or the new immovable does not provide adequate security for the claim, it may not be paid to the debtor without the creditor's consent.

The charge encumbers the immovable together with its component parts and accessories.

Things such as machinery and hotel furnishings which are expressly designated as accessories at the time of creation of the charge and entered in the declarations column of the land register shall be deemed accessories unless it is proven that they cannot be of that nature under the law.

The rights of third parties in the accessories are reserved.

The charge on a leased immovable also extends to the rents accruing from the commencement of proceedings for realisation of the charge against the debtor, or from the announcement of the debtor's bankruptcy, until the realisation of the charge.

The charge may be asserted against the tenants only after the proceedings by way of compulsory enforcement have been notified to them or after the bankruptcy decision has been announced.

Legal transactions concluded by the owner of the charged immovable concerning rents not yet due, and attachments obtained by other creditors, shall not be valid against charge creditors who commenced proceedings for realisation of the charge before the rent claims fell due.

After the charge has been registered in the land register, limitation does not run against the claim.

If the owner engages in conduct that diminishes the value of the charged immovable, the creditor may request the judge to prohibit such conduct.

The creditor may be authorised by the judge to take the necessary measures; moreover, in cases where delay would entail danger, the creditor may take the necessary measures of his or her own accord even without such authorisation.

The creditor may claim from the owner the expenses incurred for the measures and, for these claims, shall have a charge on the immovable which requires no registration and ranks ahead of all other registered encumbrances.

Where a diminution has occurred in the value of the charged immovable, the creditor may require the debtor to provide other security for the claim or to restore the charged immovable to its former condition.

The creditor may also demand security where there is a danger of diminution in the value of the charged immovable.

If adequate security is not provided within the time limit set by the judge, the creditor may demand payment of such part of the claim as corresponds to the shortfall in security.

Where the diminution in value has occurred without the owner's fault, the creditor may require the debtor to provide security or make a partial payment only to the extent that this does not exceed the amount of compensation received by the owner for the damage.

Nevertheless, the creditor may take the necessary measures of his or her own accord to prevent or remedy the diminution in value. For the expenses incurred for this purpose, the creditor shall have a charge on the charged immovable which requires no registration and ranks ahead of all other registered encumbrances. The owner is not personally liable for these expenses.

If the owner transfers to another person a portion of the charged immovable whose value is less than one twentieth of the claim secured, the creditor may not refuse to release the charge on the transferred portion, provided that a payment proportionate to that portion is made to the creditor or the remaining part of the immovable provides adequate security.

An undertaking by the owner not to create new limited real rights on the charged immovable is not valid.

A charge of earlier date takes precedence over servitudes or land charges created subsequently on the same immovable without the creditor's consent. Subsequently created servitudes and land charges which prejudice charge creditors of earlier date upon realisation of the charge shall be cancelled.

Persons whose servitudes or land charges have been cancelled at the request of a prior charge creditor shall, upon realisation of the charged immovable, have priority over holders of subsequently registered rights to receive from the sale proceeds an amount corresponding to the value of their rights.

The security provided by the charge is limited to the rank of the charge specified in the registration.

A charge on immovable property may also be created in second or subsequent rank, provided that the amount of the charge preceding it in rank is specified in the registration.

The cancellation of one of several charges created in different ranks on the same immovable does not give the charge creditor in the subsequent rank the right to advance into the vacated rank.

A new charge may be created in place of the cancelled charge.

The validity of contracts giving charge creditors in subsequent ranks the right to advance into the vacated rank is subject to their being made in official form; their having real effect is subject to their annotation in the land register.

If there is no charge preceding a charge created in a subsequent rank, or the debtor has not disposed of a prior charge instrument, or the prior-ranking charged claim is less than the amount specified in the registration for that rank, then upon realisation of the immovable the sale proceeds shall be distributed to the subsequent creditors according to their ranks without taking the vacant rank into account.

If the debt is not paid, the creditor has the right to obtain satisfaction of the claim from the sale proceeds of the charged immovable.

A contractual provision under which ownership of the charged immovable passes to the creditor if the debt is not paid is void.

Where several immovables have been charged for the same claim, the request for realisation of the charge shall be made in respect of all the immovables. Nevertheless, the enforcement office shall realise only as many of them as are necessary.

The sale proceeds of the charged immovable shall be distributed among the creditors according to their ranks.

Among creditors of the same rank, the sale proceeds falling to that rank shall be distributed in proportion to their claims.

The security that a charge on immovable property provides to the creditor covers the following:

1. The principal,

2. Costs of proceedings and default interest,

3. Interest for three years which has fallen due by the date of the opening of bankruptcy or of the request for realisation of the charge, together with interest accruing from the last due date.

An interest rate determined earlier may not be increased to the detriment of subsequent creditors.

If the creditor has incurred necessary expenses for the preservation of the charged immovable, and in particular has paid insurance premiums owed by the owner, the resulting claims shall enjoy security exactly like the charged claim, without the need for registration.

If an increase occurs in the value of land improved with the contribution of a public institution or body, the owner may, by registration, create a charge in favour of the creditor who lends him or her money to cover the owner's share of the improvement costs. The charge so created takes precedence over all other encumbrances on the immovable.

If the improvement has been made without the contribution of a public institution or body, the owner may create a charge on his or her immovable for at most two thirds of the expenses.

If the improvement has been made without the contribution of a public institution or body, the charged claim must be paid in equal instalments within at most five years.

The charge is extinguished five years after the claim or the annual instalments fall due, and subsequent creditors advance according to their ranks.

Insurance compensation that has fallen due may be paid to the owner only with the consent of all charge creditors.

If the insurance compensation is to be spent on restoring the immovable to its former condition, it shall be paid to the owner provided that the owner provides adequate security.

In cases requiring an urgent decision, upon the request of the debtor or another interested party, a curator shall be appointed by the judge of peace of the place where the charged immovable is located for a creditor who is required by law to act in person but whose name or whereabouts are unknown.

Any claim, whether existing at present or not yet arisen but certain or likely to arise, may be secured by a mortgage.

The immovable that is to be the subject of the mortgage need not be owned by the debtor.

Claims whose amount is undetermined or variable shall also be placed in a specific charge rank and shall retain their rank regardless of changes in the amount of the claim occurring after registration.

Upon request, the land registry officer shall issue to the creditor a document evidencing the mortgage. This document, which serves solely to prove that the registration has been made, does not have the character of a negotiable instrument.

An endorsement and certification on the contract that the registration has been made shall take the place of the mortgage document.

When the claim is extinguished, the owner of the mortgaged immovable may require the creditor to have the mortgage cancelled.

Added paragraph: 4/7/2019, Law No. 7181, Art. 19 If the mortgage has been created for a fixed term and the annotation specified in Article 150/c of the Enforcement and Bankruptcy Law No. 2004 dated 9/6/1932 is not entered on the mortgaged immovable within thirty days from the expiry of the term, the mortgage shall be cancelled by the land registry directorate upon the owner's request.

An owner of the charged immovable who is not personally liable for the debt may, by paying the debt under the conditions applicable to the debtor, require the removal of the mortgage on the immovable.

The claim passes to the owner who pays the debt.

A person who acquires an immovable mortgaged for a debt exceeding its value may, if not personally liable for the debt, redeem the immovable from the mortgage before enforcement proceedings are commenced by paying the purchase price. A person who acquired the immovable gratuitously may also exercise this right by paying a price which he or she shall assess.

The right of redemption from the mortgage may be exercised by written notice given to the creditors six months in advance.

The redemption price shall be distributed among the creditors according to their ranks.

In response to the notice of redemption, the creditors may, within one month from service of the notice and upon advance payment of the costs, request that the mortgaged immovable be sold by public auction.

The sale shall be carried out by the enforcement office in accordance with the provisions of the Enforcement and Bankruptcy Law.

Where the amount obtained at the public auction exceeds the purchase price or the price assessed by the owner, that amount shall be deemed the redemption price. Where the auction price is higher, the costs of the public auction shall be borne by the owner; otherwise, by the creditor who requested the public auction.

If the owner of the mortgaged immovable is not personally liable for the debt, the creditor's demand for payment shall be effective against the owner only if it has been made against both the debtor and the owner.

Unless otherwise agreed, the transfer of the mortgaged immovable does not effect any change in the liability of the debtor or in the security.

Where the new owner assumes the debt, the debtor is released from the debt unless the creditor notifies the former debtor in writing within one year that the creditor reserves the right of recourse against him or her.

Where part of the mortgaged immovable, or one of several mortgaged immovables belonging to the same owner, is transferred to another person, or the mortgaged immovable is divided, the charge shall, unless otherwise agreed, be distributed by the land registry office of its own motion among the immovables in proportion to their values.

A creditor who does not accept this distribution may, by giving written notice within one month from service on him or her of the notification that the distribution has become final, require the debtor to pay the claim within one year.

Where the new owners assume the debt falling on the immovables belonging to them, the debtor is released from the debt unless the creditor notifies the former debtor in writing within one year that the creditor reserves the right of recourse against him or her.

If the new owner of the immovable assumes the debt, the land registry office shall notify the creditor thereof.

The one-year period granted to the creditor for declaring that the creditor reserves his or her right begins to run from the date of service of the notification made by the land registry office.

The validity of the assignment of a claim secured by a mortgage is not subject to registration of the assignment in the land register.

Unless otherwise provided by law, the creation of statutory mortgages is not subject to their registration in the land register.

The following creditors may request registration of a statutory mortgage:

1. The seller, on the immovable sold, for the claim arising from the sale,

2. Co-heirs or other joint owners, for their claims arising from partition, on immovables forming part of the joint ownership,

3. Subcontractors or craftsmen who are creditors of the owner or of the contractor for materials and labour, for having expended labour, with or without supplying materials, on buildings or other works on an immovable.

Any advance waiver by the creditors of this statutory mortgage is not valid.

The statutory mortgages of sellers, heirs and other joint owners must be registered in the land register within three months following the transfer of ownership.

The statutory mortgages of craftsmen and contractors may be registered in the land register as from the moment they undertook to perform the work or to supply materials.

The registration must be made within three months from completion of the work undertaken.

Registration requires that the claim has been acknowledged by the owner or established by a court decision.

Registration may not be requested if the owner provides adequate security.

Even if their rights have been registered on different dates, craftsmen and contractors shall be deemed to rank equally among themselves as regards entitlement to the statutory mortgage.

If the sale proceeds do not cover the claims of the craftsmen and contractors in full, the remainder shall be covered from the money left over, after deduction of the value of the land, from the portion of the sale proceeds falling to the prior-ranking creditors who have obtained a mortgage. However, this is subject to the condition that the creditors could have known that the encumbrances on the immovable would prejudice the craftsmen and contractors.

If the creditors of prior rank transfer their charge instruments, they shall be liable to compensate the craftsmen and contractors for the amount of the claim which the latter were unable to obtain as a result of this transfer.

After the commencement of the work has been entered in the declarations column of the land register upon notification by the right holder, the craftsmen or the contractors, no charge of a type other than a mortgage may be registered on the immovable until the expiry of the period within which registration may be made.

A mortgage note creates a personal claim secured by a charge on immovable property.

For the creation of a charge by way of a mortgage note, the immovable shall be officially valued by the land registry office.

A charge by way of a mortgage note may not be created for an amount exceeding the assessed value.

Unless otherwise agreed, the claim under a mortgage note becomes due on the date on which interest is payable, by notice given by the creditor or the debtor to the other party at least six months before that date.

The provisions on mortgages shall apply to an owner of the charged immovable who is not personally liable for the debt under the mortgage note.

The owner of the immovable may raise against the creditor all defences available to the debtor.

The provisions on mortgages shall apply to the consequences of the transfer or division of the immovable that secures a mortgage certificate.

An annuity certificate creates a claim established on an immovable in the form of a real charge on land.

Only agricultural land, dwellings and plots on which buildings may be erected may serve as security for an annuity certificate.

An annuity certificate does not give rise to a personal debt and does not indicate the cause of the debt either.

The amount of the claim in annuity certificates may not exceed, for agricultural land, three fifths of the income value of the land and, for other immovables, three fifths of the average of the income value of the immovable and the values of the building and the plot.

Valuations shall be made officially by the land registry administration.

The State shall be liable for any failure to exercise due care in the valuation.

The State may have recourse against the officials at fault.

The owner of an immovable encumbered with an annuity certificate may, even if a longer notice period has been agreed by contract, demand the release of the immovable from the charge at the end of each six-year period, on condition of giving one year's notice and paying its price.

Except in the cases provided for by law, the creditor may demand payment of the debt only at the end of each ten-year period by giving one year's notice.

The debtor under an annuity certificate is the owner of the encumbered immovable.

A person who acquires the encumbered immovable becomes the debtor under the annuity certificate, and the former owner is released from his debt without the need for any further transaction.

Interest debts become the personal debt of the owner as of the date on which they cease to be secured by the immovable.

In the event of the division of an immovable encumbered with an annuity certificate, the owners of the parcels become debtors under the annuity certificate.

The provisions on the division of an immovable encumbered with a mortgage shall apply to the apportionment of the annuity certificate debt among the parcels.

The creditor may, by a notice given within one month from the date on which the apportionment of the debt among the parcels becomes final, demand that the annuity certificate be bought back within one year.

A mortgage certificate and an annuity certificate may not contain any condition or any stipulation of counter-performance.

Upon the issuance of a mortgage certificate or an annuity certificate, the underlying obligation is extinguished by novation.

A contract to the contrary affects only the parties and third parties not acting in good faith.

For a mortgage certificate or an annuity certificate, a pledge certificate shall also be issued in addition to the registration to be made in the land register.

Even if the certificate is issued later, it produces its legal effects as of the date of registration.

Mortgage certificates and annuity certificates shall be issued by the land registry officer.

The certificates shall bear the signatures of the land registry officer and of the authorised representative of the Treasury.

These certificates may be delivered to the creditor or his representative only upon the written consent of the debtor and of the owner of the encumbered immovable.

The forms of mortgage certificates and annuity certificates shall be determined by a regulation issued by the President of the Republic.

Mortgage certificates and annuity certificates may be issued in registered form or to bearer.

These certificates may also be issued in the name of the owner of the encumbered immovable.

When a mortgage certificate or an annuity certificate is issued, the creditor, the debtor and the owner may appoint a representative to make the necessary payments and collect the sums to be paid, to receive notifications, to consent to reductions of the security and, in general, to protect the rights of the creditor, the debtor and the owner with full care and impartiality.

The name of the representative shall be entered in the land register and in the pledge certificate.

If the authority of the representative terminates and the persons concerned cannot agree, the judge of peace shall take the necessary measures.

Unless otherwise apparent from the pledge certificate, the debtor shall make all payments at the domicile of the creditor, even if the certificate is issued to bearer.

Where the domicile of the creditor is unknown or the creditor has changed his domicile to the detriment of the debtor, the debtor may be released from his debt by depositing it at the place to be designated by the judge of his own domicile or of the creditor's former domicile.

If the certificate has interest coupons, payment of interest shall be made to the person presenting the coupons.

In the event of an assignment of the claim, the debtor may, unless he has been notified of it, pay interest and annual payments not attached to coupons to the former creditor, even if the certificate is issued to bearer.

Payment of the principal in whole or in part is valid only if made to the person who proves that he is the creditor at the time of payment.

If there is no creditor or if the creditor waives the pledge right, the debtor is free to have the registration in the land register deleted or not.

The debtor may put back into circulation a certificate that has come into his possession.