International Conference on Eurasian Economies
11-13 June 2019 – Famagusta, Turkish Republic of Northern Cyprus
Paper properties
Paper ID : 2347
Status : Paper published
Language : Turkish
Topic : Law
Presenter: Prof. Dr. Adnan Deynekli
Session : 3C Hukuk
Limited Real Rights of Foreigners in Turkey
Yabancıların Türkiye’de Sınırlı Ayni Haklardan Yararlanmaları
- Prof. Dr. Adnan Deynekli (Bahçeşehir University, Türkiye)
Abstract
Foreigner is a person who does not have any citizenship with the Republic of Turkey. According to the third paragraph of Article 35 of the Deed Law, the Council of Ministers/President of the Republic, in the interests of the country, is entitled to define, limit and prohibit, the limited real rights of the foreign real persons and foreign trade companies, in terms of country, person, geographical region, time, number, rate, type, quality, square measurement and amount. To entitle the Council of Ministers/President of the Republic to limit and prohibit the use of limited rights of the foreigners, may be contrary to Article 16 of the Constitution. The limited real rights are the usufruct rights (TCC 794), the right of residence (TCC 823), the right of construction (TCC 837) and the right of pledge and immovable load (TCC 839). It may be established the right of usufruct, right of construction and immovable load in favor of foreigners in Turkey who can acquire real estates. It may be established pledge rights without being subject to restrictions in favor of foreign real and legal persons.
JEL codes: K33, K11, K25
Deynekli, Adnan (2019). "Limited Real Rights of Foreigners in Turkey" in Proceedings of International Conference of Eurasian Economies 2019, pp.331-333, Famagusta, Turkish Republic of Northern Cyprus.
DOI: https://doi.org/10.36880/C11.02347
