Article 21 MÖHUK – Property Rights in Turkey

Article 21 of the Turkish Code on Private International Law and International Civil Procedure, Law No. 5718 (MÖHUK), sets the law that governs ownership, mortgages, pledges and other rights in rem (aynî haklar). The rule is the law of the country where the property is located at the time of the transaction, and the form of any transaction concerning land in Turkey is always governed by Turkish law. If you live in Germany or the Netherlands and want to buy or sell a flat, a plot or a shop in Turkey, this provision affects you directly.

Article 21 MÖHUK – text

Unofficial translation:

Rights in rem
Article 21 – (1) Ownership and other rights in rem in movable and immovable property are governed by the law of the country where the property is located at the time of the transaction.
(2) The law of the place of destination applies to rights in rem in goods in transit.
(3) In the event of a change of location, rights in rem not yet acquired are governed by the law of the country where the property is last located.
(4) As to form, legal transactions concerning rights in rem in immovable property are governed by the law of the country where the property is located.

Turkish original:

Aynî haklar
MADDE 21 – (1) Taşınırlar ve taşınmazlar üzerindeki mülkiyet hakkı ve diğer aynî haklar, işlem anında malların bulunduğu ülke hukukuna tâbidir.
(2) Taşınmakta olan mallar üzerindeki aynî haklara varma yeri hukuku uygulanır.
(3) Yer değişikliği hâlinde henüz kazanılmamış aynî haklar malın son bulunduğu ülke hukukuna tâbidir.
(4) Taşınmazlar üzerindeki aynî haklara ilişkin hukukî işlemlere şekil yönünden bu malların bulundukları ülke hukuku uygulanır.

The current text on mevzuat.gov.tr carries no amendment note for this article (as of November 2026).

Legislative reasoning

According to the official reasoning, the article partly corresponds to Article 23 of the former Law No. 2675. That provision already pointed to the law of the place where the property is situated (lex rei sitae) but did not say at what point in time, which caused uncertainty in practice. The words "at the time of the transaction" were added to avoid problems of a changing connecting factor (conflit mobile). The reasoning also notes that the word "goods" was removed to align the text with the Turkish Civil Code and that the last paragraph was reworded for consistency. (Source: reasoning of the Grand National Assembly, reproduced on the Turkish article page.)

Explanation

The article answers two questions: which law governs the right in rem itself, and which law governs the form of a transaction concerning land?

Paragraph 1 answers the first. Whether ownership has passed or a pledge has been created depends on the law of the country where the property was at the time of the transaction. If the property is later moved to another country, a right already acquired is still judged under that law. Paragraphs 2 and 3 deal with property on the move: goods in transit follow the law of the destination, and a right not yet acquired when the property changes location follows the law of its last location. The law does not explain in more detail which cases paragraph 3 covers, for example a transaction that starts in one country and is completed in another; statements on this rest on views in legal scholarship.

Paragraph 4 answers the second. The form of transactions concerning rights in rem in land is governed by the law of the place where the land is. The general rule on form is alternative: a transaction may follow the form of the place where it is made or of the law governing its substance (Article 7 MÖHUK; see Article 7 MÖHUK). For land in Turkey that choice does not exist; paragraph 4 is the special rule.

Under Turkish law, contracts for the transfer of ownership of land are valid only if made in official form (Article 706(1) Civil Code). Ownership of land is acquired by registration (Article 705(1)), and rights in rem come into existence on entry in the land register (Article 1022(1)). Official deeds for the transfer of ownership are drawn up by the land registry director or land registry officials (Article 26 Land Registry Law No. 2644).

Two matters fall outside the article. For aircraft, ships and rail vehicles, Article 22 MÖHUK points to the law of the country of origin; cars and other road vehicles are not covered by that exception. The contractual side of a contract concerning land is governed by Article 25 MÖHUK.

Practical points for people living abroad

A sale contract signed in Germany does not change the Turkish land register. A contract for the sale of a flat in Turkey may have been signed in Germany or the Netherlands in the form required there. Under Article 21(4) MÖHUK, however, Turkish law governs the form, and Turkish law requires an official deed drawn up at the land registry office (tapu müdürlüğü) and registration (Articles 705 and 706 Civil Code; Article 26 Land Registry Law). A contract made abroad does not on its own change the entry in the land register.

Without travelling to Turkey. If you cannot attend the land registry appointment yourself, you can authorise a representative by power of attorney.

Movable goods bought in Germany. Whether ownership passed in goods bought in Germany and later taken to Turkey depends on the law of their location at the time of the purchase, that is German law (Article 21(1) MÖHUK). For questions of German law, please consult a lawyer admitted there. Customs and vehicle import rules are not covered by this provision.

Inherited property. Who the heirs are is determined under Article 20 MÖHUK, and Turkish law applies to immovable property in Turkey (see Article 20 MÖHUK). If the heirs cannot agree, a partition lawsuit may follow.

Frequently asked questions

Can I sell my flat in Turkey before a German notary?

Turkish law governs the form of transactions concerning rights in rem in land in Turkey (Article 21(4) MÖHUK). The transfer requires an official deed at the Turkish land registry office and registration (Articles 705 and 706 Civil Code; Article 26 Land Registry Law). From Germany you can authorise a representative to attend the land registry for you.

Which law governs ownership of goods bought in Germany?

If the goods were in Germany at the time of purchase, German law governs the transfer of ownership (Article 21(1) MÖHUK). Bringing them to Turkey later does not change this.

Is a car covered by Article 21 or Article 22?

Article 22 covers only aircraft, ships and rail vehicles. Rights in rem in a car fall under the general rule in Article 21.

Sources

Questions about your case

If you want to sell, buy or mortgage property in Turkey from abroad and would like to discuss which transaction has to be made in which form, you can choose a date for a video, telephone or in-person meeting in Düsseldorf on the appointment page, or send your question in writing through the contact form. Consultations are held in Turkish and cover only the Turkish-law side; questions of German or Dutch law should go to a lawyer admitted in that country. It helps to bring the land register details of the property (province, district, block and parcel) and any contract or power of attorney made abroad. More on this area: Real estate law.