Article 9 MÖHUK – Legal Capacity under Turkish Law
Article 9 of Turkey’s Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) is the first of the law’s conflict rules and decides which law governs legal capacity and capacity to act (hak ve fiil ehliyeti). For individuals it is their national law; for companies and other bodies it is the seat of administration. It matters if you sign a contract, buy property or run a company in Turkey while living abroad.
Article 9 MÖHUK – text
Unofficial translation:
Capacity
Article 9 – (1) Legal capacity and capacity to act are subject to the national law of the person concerned.
(2) A person who lacks capacity under their national law is bound by a legal transaction they make if they have capacity under the law of the country where the transaction is made. Transactions in family and succession law and transactions concerning rights in rem over real estate in another country are excluded from this rule.
(3) Majority acquired under a person’s national law does not end when their nationality changes.
(4) The legal capacity and capacity to act of legal persons and of associations of persons or property are subject to the law of the seat of administration stated in their articles. However, if the actual seat of administration is in Turkey, Turkish law may be applied.
(5) The capacity of legal persons without articles and of associations of persons or property without legal personality is subject to the law of the actual seat of administration.
Turkish original:
Ehliyet
MADDE 9 – (1) Hak ve fiil ehliyeti ilgilinin millî hukukuna tâbidir.
(2) Millî hukukuna göre ehliyetsiz olan bir kişi, işlemin yapıldığı ülke hukukuna göre ehil ise yaptığı hukukî işlemle bağlıdır. Aile ve miras hukuku ile başka bir ülkedeki taşınmazlar üzerindeki aynî haklara ilişkin işlemler bu hükmün dışındadır.
(3) Kişinin millî hukukuna göre kazandığı erginlik, vatandaşlığının değişmesi ile sona ermez.
(4) Tüzel kişilerin veya kişi veya mal topluluklarının hak ve fiil ehliyetleri, statülerindeki idare merkezi hukukuna tâbidir. Ancak fiilî idare merkezinin Türkiye'de olması hâlinde Türk hukuku uygulanabilir.
(5) Statüsü bulunmayan tüzel kişiler ile tüzel kişiliği bulunmayan kişi veya mal topluluklarının ehliyeti, fiilî idare merkezi hukukuna tâbidir.
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 8 of the former Law No. 2675. The reasoning describes three changes. Paragraph 2 was made “multilateral”, so it now says “in another country” instead of “abroad”. Paragraph 3 uses “national law” (millî hukuk), which also covers court decisions, instead of “national statute”, and, in line with the Civil Code, “majority” (erginlik) instead of the older term “rüşt”. Paragraph 5 was added because there was no rule for legal persons without articles and associations without legal personality; it adopts the “actual seat of administration” test already found in the old law and the Commercial Code.
Explanation
Individuals (paragraphs 1 and 3). Legal capacity and capacity to act, such as whether a person has reached majority, are governed by national law. Majority once acquired is not lost if the person later takes another nationality.
Protecting transactions (paragraph 2). Someone who lacks capacity under their national law but has it under the law of the place where they act is bound by the transaction. This protects the other party’s reliance. Three kinds of transaction are excluded: those in family law, those in succession law, and those concerning rights in rem over real estate in another country. For these, only national law counts.
Legal persons and associations (paragraphs 4 and 5). The capacity of a company or association is governed by the law of the seat of administration named in its articles. If the actual seat of administration is in Turkey, the court may apply Turkish law; “may” signals an option, not a duty. For legal persons without articles and associations without legal personality, the actual seat of administration is decisive.
Guardianship and restrictions on capacity (vesayet, kısıtlılık) are related to capacity but are dealt with separately in Article 10.
Practical points for people living abroad
Dual nationals. For a dual national who is also a Turkish citizen, the national law before a Turkish court is Turkish law (Article 4(1)(b); see Article 4 MÖHUK). Under Turkish law, majority begins on completing the age of eighteen, and marriage confers majority (Article 11 of the Turkish Civil Code, TMK).
Former Turkish citizens. Someone who gave up Turkish citizenship and is now only German or Dutch has their capacity governed by that country’s law. Majority acquired under Turkish law, however, does not end because of the change of nationality (Article 9(3)).
Property in Turkey. When property in Turkey is sold, the form of the transaction is governed by Turkish law (Article 21(4)). The capacity of seller and buyer is a separate question, decided under Article 9(1) by each person’s national law.
Companies based in Germany or the Netherlands. The capacity of a company formed there is, as a rule, assessed for transactions in Turkey under the law of the seat of administration in its articles. If the company is actually managed from Turkey, Turkish law may be applied (Article 9(4)). For questions of German or Dutch company law, please contact a lawyer admitted there.
Frequently asked questions
When does a Turkish dual national reach majority in Turkey?
Before a Turkish court, their national law is Turkish law (Articles 4(1)(b) and 9(1) MÖHUK). Under Turkish law, majority begins on completing the age of eighteen (Article 11 TMK).
Is majority lost when nationality changes?
No. Majority acquired under national law does not end with a change of nationality (Article 9(3) MÖHUK).
Which law governs a company’s capacity?
The law of the seat of administration in its articles; if the actual seat of administration is in Turkey, Turkish law may be applied (Article 9(4) MÖHUK).
Sources
Questions about your case
If you would like to know which law governs your capacity, a relative’s, or that of a company formed abroad in a transaction 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 only Turkish law (§ 206 BRAO). Please have the person’s nationality and date of birth at hand and, for a company, its articles and register extract.