Article 11 MÖHUK – Declaration of Absence or Death
Article 11 of Turkey’s Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) decides which law governs a declaration of absence (gaiplik) or a declaration of death (ölmüş sayılma). The national law of the missing person applies. If that law does not allow such a declaration, a Turkish court applies Turkish law where the person has assets in Turkey or their spouse or one of their heirs is a Turkish citizen.
Article 11 MÖHUK – text
Unofficial translation:
Absence or declaration of death
Article 11 – (1) A declaration of absence or of death is governed by the national law of the person concerned. Where no such declaration can be made under that person’s national law, it shall be made under Turkish law if the person’s assets are in Turkey or if the spouse or one of the heirs is a Turkish citizen.
Turkish original:
Gaiplik veya ölmüş sayılma
MADDE 11 – (1) Gaiplik veya ölmüş sayılma kararı, hakkında karar verilecek kişinin millî hukukuna tâbidir. Millî hukukuna göre hakkında gaiplik veya ölmüş sayılma kararı verilemeyen kişinin mallarının Türkiye'de bulunması veya eşinin veya mirasçılardan birinin Türk vatandaşı olması hâlinde, Türk hukukuna göre gaiplik veya ölmüş sayılma kararı verilir.
The current text on mevzuat.gov.tr carries no amendment note (as of November 2026).
Legislative reasoning
The bill’s reasoning is short: the article reproduces Article 10 of the former Law No. 2675 word for word. Nothing changed on this point in 2007.
Explanation
A declaration of absence is a court ruling that a person who disappeared in danger of death, or who has not been heard of for a long time, is treated as dead even though the death is not certain. Turkish law regulates it in Articles 32–35 of the Civil Code (TMK). The article names “ölmüş sayılma” next to “gaiplik”, which can be read as also covering foreign declarations of death that take the place of absence; that reading comes from the wording and is an interpretation.
National law is the rule. If it does not allow a declaration, the Turkish court decides under Turkish law when one of three links exists: assets in Turkey, a Turkish spouse or a Turkish heir. This keeps the legal position of a foreigner with assets or family in Turkey from staying open indefinitely.
The Turkish requirements are: at least one year since the danger of death, or at least five years since the last news (Article 33(1) TMK). The court publishes a notice calling on anyone with information to come forward; the period runs for at least six months from the first notice (Article 33(2)–(3) TMK). The declaration takes effect from the day of the danger or the last news (Article 35(2) TMK).
What this means if you live abroad
Which Turkish court? For Turkish citizens, Article 32(2) TMK names the court of the last domicile in Turkey; if the person never lived in Turkey, the court where they are entered in the civil registry (nüfus); failing that, the court where their mother or father is registered. For someone who spent decades in Germany or the Netherlands, this is often the registry location. For a foreigner with no domicile in Turkey, the court where they are staying in Turkey or, failing that, where their assets are has jurisdiction (MÖHUK Article 42).
Inheritance. After the declaration, rights depending on death are exercised as if death were proven (Article 35(1) TMK). To divide an estate in Turkey or transfer property to the heirs, this ruling is often the first step. See also certificate of inheritance in Turkey.
A foreign declaration. Entering a German or Dutch declaration of death in the Turkish civil registry is an administrative act based on a foreign decision and requires recognition (MÖHUK Article 58(2) and (3)). For the requirements and effects under German or Dutch law, please consult a lawyer admitted there.
Frequently asked questions
Which law applies to a Turkish citizen who went missing abroad?
Turkish law (MÖHUK Article 11(1)); the requirements are in Articles 32–35 TMK.
How long do you have to wait?
At least one year after the danger of death or five years after the last news (Article 33(1) TMK), plus a notice period of at least six months.
Which court if the person never lived in Turkey?
The court where they are entered in the civil registry, or failing that where their mother or father is registered (Article 32(2) TMK).
Sources
Questions about your case
If you want to apply in Turkey for a declaration of absence for a relative you have not heard from in years, or have a foreign declaration of death entered in the Turkish registry, 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). The date of the last news, the circumstances of the disappearance, a Turkish civil registry extract and details of any assets in Turkey are useful to have ready.