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any concept of pre-emption law in respect of immovable property in turkey
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01-08-2012, 16:12
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Av.Kadir ORUÇ
any concept of pre-emption law in respect of immovable property in turkey
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Property Pre-emption
Is there any concept of pre-emption law in respect of immovable property in turkey? Pre-emption is recognised under Islamic law. Has the concept been evolved? Are there any good book(s) on the subject?
Dear Property Pre-emption,
That subject has been regulated in the Turkish Civil Code in the Book of Property Law as “RIGHT OF PRE-EMPTION”. Actually, there are two different rights of pre-emption in Turkish Law. Arising from the law and arising from contract. When the new Turkish Civil Code entered into force in 2002, time limits regarding that right have been changed. Time limit for opening action of pre-emtion after notification of sale of real property has been changed to three months from one month and final time limit for opening suit has been shortened to two years from ten after the day of sale. In the new Civil Code, notification of sale (which will be made by buyer or seller) may only be made by notary public. Before that was not a must. That is all I can say about evolution of it.
The parties may also put pre-emption right under contract and may put it annotated to land registry so that be effective for third persons. It is possible to find many good books on that subject in Turkish.
Best Regards.
Av.Kadir ORUÇ
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