Article 10 MÖHUK – Guardianship and Interdiction
Article 10 of Turkey’s Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) decides which law applies to guardianship (vesayet), interdiction or restriction of capacity (kısıtlılık) and curatorship (kayyımlık). Whether a person can be placed under guardianship or interdicted depends on their national law. The guardian’s duties, supervision and curatorship are governed by Turkish law. Families abroad meet this rule when a relative can no longer manage their own affairs and something has to be done in Turkey, often about property.
Article 10 MÖHUK – text
Unofficial translation:
Guardianship, interdiction and curatorship
Article 10 – (1) The grounds for ordering or ending guardianship or interdiction are governed by the national law of the person in respect of whom the order or its termination is sought.
(2) Where guardianship or interdiction cannot be ordered under the national law of a foreigner, it may be ordered or lifted under Turkish law if that person’s habitual residence is in Turkey. Turkish law also applies where the person is compelled to be in Turkey.
(3) All matters relating to interdiction or guardianship other than the grounds for ordering or ending them, as well as curatorship, are governed by Turkish law.
Turkish original:
Vesâyet, kısıtlılık ve kayyımlık
MADDE 10 – (1) Vesâyet veya kısıtlılık kararı verilmesi veya sona erdirilmesi sebepleri, hakkında vesâyet veya kısıtlılık kararının verilmesi veya sona erdirilmesi istenen kişinin millî hukukuna tâbidir.
(2) Yabancının millî hukukuna göre vesâyet veya kısıtlılık kararı verilmesi mümkün olmayan hâllerde bu kişinin mutad meskeni Türkiye'de ise Türk hukukuna göre vesâyet veya kısıtlılık kararı verilebilir veya kaldırılabilir. Kişinin zorunlu olarak Türkiye’de bulunduğu hâllerde de Türk hukuku uygulanır.
(3) Vesâyet veya kısıtlılık kararı verilmesi veya sona erdirilmesi sebepleri dışında kalan bütün kısıtlılık veya vesâyete ilişkin hususlar ve kayyımlık Türk hukukuna tâbidir.
The current text on mevzuat.gov.tr carries no amendment note (as of November 2026).
Legislative reasoning
According to the government bill’s reasoning, the article partly corresponds to Article 9 of the former Law No. 2675. The changes are terminological: the old word “hacir” was replaced by “kısıtlılık” to match the Civil Code, and in paragraph 2 “alınması” became “verilmesi” so that all paragraphs use the same term.
Explanation
The article splits the question in two. The first part is the ground: when is a person interdicted or placed under guardianship, and when is the measure lifted? National law answers that (para. 1). Everything that follows is the second part: choosing the guardian, the guardian’s duties and powers, supervision by the guardianship authority, management of assets. Those matters, and curatorship as a whole, are governed by Turkish law (para. 3).
Paragraph 2 fills a gap for foreigners. If their national law does not allow such a measure and their habitual residence (mutad mesken) is in Turkey, a Turkish court can decide under Turkish law. The same applies if the person is compelled to be in Turkey.
Under Turkish law the grounds for interdiction are listed in Articles 405–408 of the Civil Code (TMK): mental illness or mental weakness; prodigality, addiction, a dissolute way of life or mismanagement; serving a prison sentence; and the person’s own request. Article 407 TMK was amended by Law No. 7499 of 2 March 2024.
Jurisdiction is a separate matter. For a foreigner with no domicile in Turkey, the decision is made by the court where the person is staying in Turkey or, failing that, where their assets are (MÖHUK Article 42). International conventions to which Turkey is party, for example on the protection of children, take priority (MÖHUK Article 1(2)).
What this means if you live abroad
Turkish citizens and dual nationals. If you hold Turkish citizenship, even alongside German or Dutch citizenship, a Turkish court treats Turkish law as your national law (Article 4(1)(b); see Article 4 MÖHUK). The grounds are then those in Articles 405–408 TMK.
Property in Turkey. A guardian cannot sell an interdicted person’s real property on their own; under Article 444 TMK the sale takes place on the instructions of the guardianship authority. Because the guardian’s powers follow Turkish law under paragraph 3, these rules govern guardianship matters in Turkey even if the person lives in Germany.
A representative appointed in Germany. A German court may have appointed a legal guardian (Betreuer) for your relative. Whether that decision works on its own for a land registry or bank transaction in Turkey is a separate question: carrying out an administrative act in Turkey on the basis of a foreign court decision, including non-contentious decisions, requires recognition (MÖHUK Article 58(2) and (3)). The law does not say expressly how far the German Betreuung corresponds to Turkish interdiction or guardianship; it is a question of characterisation that depends on the content of the specific decision. For the scope of the decision under German law, please consult a lawyer admitted in Germany or the German guardianship court.
Which Turkish court. If interdiction is sought in Turkey for a Turkish citizen with no domicile in Turkey, Article 42 MÖHUK does not apply because it covers foreigners only. Jurisdiction is then assessed under the general rule for personal status cases in Article 41 MÖHUK. This is an interpretation of the wording; there is no express rule for this situation.
Frequently asked questions
On what grounds can a Turkish citizen living in Germany be interdicted?
Before a Turkish court, under Turkish law (MÖHUK Articles 10(1) and 4). The grounds are in Articles 405–408 TMK.
Which law governs the guardian’s powers?
Everything except the grounds, and curatorship, is governed by Turkish law (MÖHUK Article 10(3)).
Which court decides for a foreigner with no domicile in Turkey?
The court where the person is staying in Turkey or, failing that, where their assets are (MÖHUK Article 42).
Sources
Questions about your case
If a relative living abroad can no longer manage their affairs and a guardianship, an interdiction or a property matter in Turkey is on the table, you can book a video call, a phone call or a meeting in Düsseldorf on the appointment page, or send a written question through the contact form. Consultations are held in Turkish and cover Turkish law only (§ 206 BRAO); for the German Betreuung, please consult a lawyer admitted in Germany. It helps to have the person’s citizenship details, any foreign guardianship decision and the land registry details of the property in Turkey to hand.