Article 22 MÖHUK – Means of Transport (Ships, Aircraft)
Article 22 of Turkish Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) sets out which law governs rights in rem (aynî haklar) over aircraft, ships and rail vehicles. What counts is not where the vehicle happens to be, but its country of origin (menşe ülke). The rule matters to owners of a boat or yacht registered in Turkey or abroad, to buyers of such vehicles and to lenders taking a mortgage over them.
Article 22 MÖHUK – text
Unofficial translation:
Means of transport
Article 22 – (1) Rights in rem over air, sea and rail vehicles are governed by the law of the country of origin.
(2) The country of origin is, for air and sea vehicles, the place of the register in which the rights in rem are registered; for sea vehicles, where there is no such register, the home port; and for rail vehicles, the place of licensing.
Turkish original:
Taşıma araçları
MADDE 22 – (1) Hava, deniz ve raylı taşıma araçları üzerindeki aynî haklar, menşe ülke hukukuna tâbidir.
(2) Menşe ülke, hava ve deniz taşıma araçlarında aynî hakların tescil edildiği sicil yeri, deniz taşıma araçlarında bu sicil yeri yoksa bağlama limanı, raylı taşıma araçlarında ruhsat yeridir.
The current text on mevzuat.gov.tr carries no amendment note (as of November 2026).
Legislative reasoning
According to the reasoning, the article is new; the old Law No. 2675 had no express rule on means of transport (in the draft it was Article 21). Ownership and other rights in rem over these vehicles are tied to the law of the country of origin, regarded as the law most closely connected with the vehicle and its owner. For aircraft and ships, the article uses the country of the register in which rights in rem are registered, for the sake of legal certainty. For unregistered ships, the country of the home port (bağlama limanı) applies, and for rail vehicles the country of licensing (summary of the reasoning to the draft law submitted to the Grand National Assembly of Turkey, TBMM).
Explanation
Article 22 is a special rule within the general framework of Article 21 MÖHUK. Under Article 21, rights in rem over movables are governed by the law of the country where the item is at the time of the transaction. For a ship or aircraft that keeps moving between countries, that would depend on chance, so Article 22 uses a fixed point, normally the register (on the general rule, see Article 21 MÖHUK).
Only air, sea and rail vehicles are listed. Cars, motorcycles and lorries are not mentioned in Article 22; rights in rem over them fall under Article 21.
Article 22 covers rights in rem only, meaning ownership and limited rights such as a pledge or mortgage. Claims under a contract to buy a yacht, for example for the price or for defects, are governed by the rules on contracts in Article 24 et seq. MÖHUK.
Once the law of the country of origin is identified, its conflict rules are disregarded; renvoi is taken into account only in disputes on personal status and family law (Article 2(3) MÖHUK). The Turkish court applies the substantive law of the country of origin of its own motion (Article 2(1) MÖHUK; see Article 2 MÖHUK).
What this means if you live abroad
If you live in Germany and your boat or yacht is entered in a register in Turkey in which rights in rem are registered, a Turkish court will apply Turkish law to ownership of the boat and to any mortgage over it. Which port the boat is lying in, where you live and what nationality you hold do not matter under this rule. If the boat is not entered in such a register, the law of the country of its home port applies. Which Turkish entry counts as a “register in which rights in rem are registered”, and how registration works, is not covered here and needs to be checked in the specific case. A car you bring from Germany to Turkey falls under Article 21, not Article 22.
German and Dutch courts answer the same question under their own conflict rules; on that, please consult a lawyer admitted in that country.
Frequently asked questions
Which law governs ownership of a yacht on a Turkish register?
If the yacht is entered in a register in Turkey in which rights in rem are registered, Turkish law applies (Article 22 MÖHUK). The yacht being abroad does not change that.
Are cars covered by Article 22?
No. The article lists only air, sea and rail vehicles; rights in rem over a car fall under Article 21 MÖHUK.
Sources
Questions about your case
If you are dealing with a dispute over ownership of, or a mortgage on, a boat, yacht or aircraft and want to know which law a Turkish court would apply, 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). Documents showing the register the vehicle is entered in and its home port, any purchase contract and records of registered mortgages are useful to have ready. General information is on the private international law page.