Article 6 MÖHUK – Overriding Mandatory Rules of Turkish Law
Article 6 of Turkey’s Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) provides that certain rules of Turkish law apply even when a relationship is governed by foreign law. These are called overriding mandatory rules (doğrudan uygulanan kurallar). The article matters to you if you chose a foreign law in a contract connected with Turkey, or expect a transaction governed by foreign law to take effect in Turkey.
Article 6 MÖHUK – text
Unofficial translation:
Directly applicable rules of Turkish law
Article 6 – (1) Where the competent foreign law is applied, a directly applicable rule of Turkish law shall be applied in cases that fall within its scope in view of its regulatory purpose and field of application.
Turkish original:
Türk hukukunun doğrudan uygulanan kuralları
MADDE 6 – (1) Yetkili yabancı hukukun uygulandığı durumlarda, düzenleme amacı ve uygulama alanı bakımından Türk hukukunun doğrudan uygulanan kurallarının kapsamına giren hâllerde o kural uygulanır.
The current text on mevzuat.gov.tr carries no amendment note (as of October 2026). The article was not in the government bill; it was added by an amendment motion in the plenary of the Grand National Assembly, so there is no official legislative reasoning.
Explanation
MÖHUK’s conflict rules can subject a relationship to foreign law, and in contracts the parties may choose the governing law themselves (Article 24). Article 6 sets a limit: if the facts fall within a Turkish overriding mandatory rule, that rule applies even though foreign law governs. The rest of the foreign law still applies.
Whether a rule is of this kind depends on two criteria: its regulatory purpose and its field of application. The law gives no list. Which Turkish rules qualify is therefore for the court to decide case by case.
This question is disputed. The law contains no express provision, and there is no binding court decision, on which specific Turkish rules count as overriding mandatory rules; for that reason no individual rules are listed here.
Article 6 works differently from the public policy clause in Article 5. Under Article 5 the court first applies the foreign law and sets aside a rule if its result is manifestly contrary to Turkish public policy. Under Article 6 the content of the foreign law is irrelevant; the Turkish rule applies from the outset. For contracts, Article 31 deals with the overriding rules of a third state; there the court “may” give them effect, whereas Article 6 requires the Turkish rule to be applied.
Practical points for people living abroad
If you live in Germany or the Netherlands and sign a contract with someone in Turkey, you can choose a foreign law (Article 24). Article 6 shows that, before a Turkish court, this choice does not switch off every Turkish rule. Rules that by their purpose claim application are applied whatever law was chosen.
Real estate in Turkey is governed by Turkish law anyway, without Article 6: rights in rem follow the law of the place where the property is located (Article 21(1)), and so does the form of transactions concerning those rights (Article 21(4)). Land registry (tapu) transactions are therefore carried out under Turkish law.
On public policy see Article 5 MÖHUK; on how foreign law is applied see Article 2 MÖHUK. For property questions, see Real estate law.
Frequently asked questions
If I choose German law in a contract, does Turkish law not apply at all?
Before a Turkish court, a Turkish overriding mandatory rule applies if the facts fall within its scope (Article 6 MÖHUK).
Does the law list the overriding mandatory rules?
No. It only gives the criteria of regulatory purpose and field of application; the court decides which rules qualify.
How does Article 6 differ from Article 5?
Article 5 tests the result of the foreign rule and excludes it if it is manifestly contrary to public policy. Article 6 applies the Turkish rule without looking at the content of the foreign law.
Sources
Questions about your case
If you chose a foreign law in a contract connected with Turkey and would like to know which Turkish rules might still apply in a dispute there, you can book a meeting on the appointment page, online by video, by phone or in person in Düsseldorf. Written questions can go through the contact form. Meetings are held in Turkish and cover only Turkish law (§ 206 BRAO); for German or Dutch contract law, please contact a lawyer admitted there. Please have the contract at hand, especially the choice-of-law and jurisdiction clauses, and the parties’ places of residence.