Article 7 MÖHUK – Form of Legal Transactions
Article 7 of Turkey’s Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) decides which law governs the form (şekil) of a legal transaction with a foreign element. There are two options: the law of the country where the transaction is made, or the law that governs its substance. If you signed a document in Germany or the Netherlands and wonder whether it is formally valid in Turkey, this is the article to start with.
Article 7 MÖHUK – text
Unofficial translation:
Form of legal transactions
Article 7 – (1) Legal transactions may be made in the form prescribed by the law of the country where they are made or by the substantive law provisions of the law governing the substance of the transaction.
Turkish original:
Hukukî işlemlerde şekil
MADDE 7 – (1) Hukukî işlemler, yapıldıkları ülke hukukunun veya o hukukî işlemin esası hakkında yetkili olan hukukun maddî hukuk hükümlerinin öngördüğü şekle uygun olarak yapılabilir.
The current text on mevzuat.gov.tr carries no amendment note (as of October 2026).
Legislative reasoning
According to the reasoning of the government bill, the article partly corresponds to Article 6 of the former Law No. 2675. The change is the addition of the words “substantive law provisions” (maddî hukuk hükümleri). The reasoning explains that this serves to uphold transactions: renvoi (atıf) is excluded when determining the law that governs form.
Explanation
A transaction is formally valid if it complies with either of two laws: the law of the place where it is made, or the law that governs its substance. The word “may” signals this choice.
“Substantive law provisions” means the conflict rules of the designated law are ignored. If a transaction is made in Germany, German form requirements apply directly; any reference by German private international law to another law plays no part. Renvoi is explained in Article 2 MÖHUK.
Article 7 is the general rule. MÖHUK has separate form rules for some transactions:
- The form of a marriage is governed by the law of the country where it is celebrated (Article 13(2)).
- Article 7 applies to the form of dispositions upon death; dispositions made in the form required by the deceased’s national law are also valid (Article 20(4)).
- The form of transactions concerning rights in rem over real estate is governed by the law of the place where the property is located (Article 21(4)).
Practical points for people living abroad
Wills. A Turkish citizen living in Germany or the Netherlands can make a will in the form required there. Read together, Articles 20(4) and 7 treat a will as formally valid if it complies with the law of the place where it was made, the law governing succession or the deceased’s national law. For a Turkish citizen the national law is Turkish law, also for dual nationals (Article 4(1)(b)).
Marriage. A marriage at a German Standesamt or a Dutch gemeente is governed as to form by the law of that country (Article 13(2)). Capacity to marry and the conditions of marriage are governed by each party’s national law (Article 13(1)).
Property in Turkey. The form of transactions concerning rights in rem over real estate in Turkey, such as a transfer of ownership, is governed by Turkish law (Article 21(4)). The choice offered by Article 7 does not apply here.
A formally valid document will not automatically be acted on by a Turkish authority. The land registry (tapu), the civil registry (nüfus) or a court may set further requirements, for example on certification (such as an apostille), translation or the content of a power of attorney; these are matters for the relevant legislation, not Article 7. For inheritance matters, see Inheritance law.
Frequently asked questions
Is a will I made in Germany valid in Turkey?
As to form, yes, if it complies with the law of the place where it was made, the law governing succession or your national law (Articles 7 and 20(4) MÖHUK). Validity of the content is a separate question.
Can I transfer my flat in Turkey before a German notary?
The form of transactions concerning rights in rem over real estate follows the law of the place where the property is located, here Turkish law (Article 21(4) MÖHUK). The choice in Article 7 does not apply.
Does renvoi apply to the law governing form?
No. Article 7 refers to “substantive law provisions”; the conflict rules of the designated law are not considered.
Sources
Questions about your case
If you would like to know whether a will or another document you made abroad is formally valid in Turkey, you can book a meeting on the appointment page, online by video, by phone or in person in Düsseldorf. Written questions can be sent through the contact form. Meetings are held in Turkish and cover the Turkish law side (§ 206 BRAO); for German or Dutch form requirements, please ask a notary or lawyer in that country. It helps to have a copy of the document, to know where and before which authority it was made, and what it is meant to be used for in Turkey.