Article 4 MÖHUK – Dual Nationality and Applicable Law
Article 4 MÖHUK, in Turkey’s Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK), says which law applies when MÖHUK refers to nationality and the person is stateless, a refugee or has more than one nationality. For Turkish dual nationals living in Germany or the Netherlands the answer is clear: if you are also a Turkish citizen, a Turkish court treats Turkish law as your national law. This has direct effects in succession, family law and legal capacity.
Article 4 MÖHUK – text
Unofficial translation:
Applicable law based on nationality
Article 4 – (1) Where the law applicable under this Law is determined by nationality, unless otherwise provided in this Law:
a) for stateless persons and refugees, the law of their domicile, failing that their habitual residence, and failing that the law of the country where they are present on the date the action is brought,
b) for persons with more than one nationality who are also Turkish citizens, Turkish law,
c) for persons with more than one nationality who are not also Turkish citizens, the law of the state with which they are more closely connected,
shall apply.
Original Turkish text:
Vatandaşlık esasına göre yetkili hukuk
MADDE 4 – (1) Bu Kanun hükümleri uyarınca yetkili olan hukukun vatandaşlık esasına göre tayin edildiği hâllerde, bu Kanunda aksi öngörülmedikçe;
a) Vatansızlar ve mülteciler hakkında yerleşim yeri, bulunmadığı hâllerde mutad mesken, o da yok ise dava tarihinde bulunduğu ülke hukuku,
b) Birden fazla devlet vatandaşlığına sahip olanlar hakkında, bunların aynı zamanda Türk vatandaşı olmaları hâlinde Türk hukuku,
c) Birden fazla devlet vatandaşlığına sahip olup, aynı zamanda Türk vatandaşı olmayanlar hakkında, daha sıkı ilişki hâlinde bulundukları devlet hukuku,
uygulanır.
The current text on mevzuat.gov.tr shows no amendment note for this article (as of October 2026).
Legislative reasoning
According to the reasoning attached to the government bill, the article partly corresponds to Article 4 of the former Law No. 2675. The change is that refugees were added to point (a). The aim is to say which law replaces the national law for refugees who, even if they hold a nationality, cannot rely on that state’s diplomatic protection. The reasoning refers to a similar rule in Article 22 of the 1951 Geneva Refugee Convention and explains that the addition also covers refugees from states that are not parties to the Convention.
Explanation
MÖHUK often refers to a person’s national law: for legal capacity (Article 9(1)), capacity and conditions to marry (Article 13(1)) and succession (Article 20(1)), among others. With one nationality that is straightforward. Article 4 deals with the three cases where it is not.
Point (b) is the one that comes up most. A person who holds Turkish citizenship alongside another nationality is treated by a Turkish court as if they were only Turkish. Where they live, which passport they use or which country they are more closely connected with makes no difference here; the closer-connection test applies only to multiple nationals who are not Turkish (point c).
The opening words “unless otherwise provided in this Law” matter. Some provisions have their own solution; in a divorce between spouses of different nationalities, for example, the law of their common habitual residence applies (Article 14(1)). Article 4 is therefore always read with the relevant conflict rule.
Practical points for people living abroad
Inheritance. Succession is governed by the deceased’s national law, and Turkish law always applies to immovable property in Turkey (Article 20(1) MÖHUK). The estate of a person who was both Turkish and German or Dutch is assessed under Turkish law before a Turkish court (Article 4(1)(b)). Which law German or Dutch authorities apply is decided by their own rules, and the result may differ; please consult a lawyer admitted in that country on that point.
Former Turkish citizens and Blue Card (Mavi Kart) holders. A person who gave up Turkish citizenship with official permission is no longer a Turkish citizen. If they are now only German, their national law is German law and point (b) does not apply. Turkish law still governs their immovable property in Turkey (Article 20(1)).
Divorce. If one spouse is a Turkish-German dual national and the other is only Turkish, a Turkish court treats both as having Turkish national law, so their common national law is Turkish law (Articles 4(1)(b) and 14(1)). For the date on which nationality is assessed, see Article 3 MÖHUK – Change of Nationality or Residence.
On renouncing an inheritance, see Renouncing an inheritance in Turkey; general information is on the inheritance law page.
Frequently asked questions
Which law applies to a Turkish-German dual national in Turkey?
Where MÖHUK refers to nationality, Turkish law, unless the Law provides otherwise (Article 4(1)(b) MÖHUK).
Does Turkish law govern the estate of a Blue Card holder?
Blue Card holders are not Turkish citizens; succession is in principle governed by the law of the state whose nationality they hold. Turkish law applies to immovable property in Turkey (Article 20(1) MÖHUK).
What is the national law of a stateless person or refugee?
The law of their domicile, failing that their habitual residence, failing that the country where they are present when the action is brought (Article 4(1)(a) MÖHUK).
Sources
Questions about your case
If you would like to know how dual nationality, or having given up Turkish citizenship, affects the law applied in Turkey to an inheritance, divorce or other matter, you can choose a meeting date on the appointment page, online by video, by phone or in person in Düsseldorf. You can send a written question through the contact form. Meetings are held in Turkish and cover only the Turkish law side of the matter (§ 206 BRAO); questions on German or Dutch law should go to a lawyer admitted there. It helps to know which nationalities the person has held and since when, to have the release certificate or Blue Card if there is one, and a list of any property in Turkey.