Akademik Veri Yönetim Sistemi
International Conference of Strategic Research in Social Science and Education, Antalya, Türkiye, 13 - 15 Ekim 2017, ss.42, (Özet Bildiri)
In every century, from past to present, States have hesitated, restricted and conditioned recognizing rights of foreigners. As a result, , some rights have never been given to foreigners or the rights given have a high degree of restrictions imposed. Obviously, one of the fields is the restriction of acquiring immovable property by foreigners. The land is one of the fundamental element which is considered unique being in a State and imposes problems which respect to ownership of land by foreigners. As a result, in general, there are restrictions exercised on foreigners such as; the purpose of acquiring and use of the immovable property, the acreage of land of the immovable property to be acquired and the time period when the land is acquired by foreigners outside their own country. The most important regulation regarding the acquisition of immovable property by foreigners in Turkish law is the Deed Code which came into force in the year 1934, termed as Law No. 2644, Article 35. Because of the significance of Article 35 of the Deed Code, which has been amended a few times and these amendments have been annulled by the Constitutional Court and the Legislator, therefore there was a need to enact a new legislation to cover the loopholes in the Act. During the recent years, there has been dynamism on legal regulations regarding acquiring immovable property by foreigners. Turkish legislators have enacted new Acts regarding this matter in the last decade. Legal regulations have had a tremendous influence and impact on the Turkish media and the public. The new laws governing foreigners buying immovable or real property has created a diverse array of questions regarding rights of foreigners. Furthermore, there have been concerns about foreigners acquiring land and immovable property growing to a potential majority. Due to these reasons acquiring immovable properties by foreigners is aggressively debated under Turkish Foreign Law. The last amendment regarding this topic was made through Law No. 6302 passed on 3rd, May 2012. With this amendment, reciprocity requirement for foreigners’ acquiring immovable in Turkey has been abolished; The Council of Ministers has given important rights to foreigners about acquiring immovable property and thereby making it further easier for foreigners to acquire immovable property. The objective of this paper is to give information about the conditions for the acquisition of immovable properties of foreigners under Turkish law and to evaluate the latest legal amendments by Supreme Court’s judgments.