Milestones Towards the New Legal System 42 According to the Population Exchange Agreement of 30 January 1923, Immovable Properties Left in Turkey and the Nationality of Migrants from Turkey 43 Acquisition of Immovable Properties by Foreigners According to the Treaty of Lausanne of 24.07.1923 and the Convention on Residence and Jurisdiction 44 Village Law no. 442 dated 18 March 1924 45 Constitutional Law of 20 April 1924 (1924 Constitution) 47 Law on Military Forbidden Zones no. 1110 dated 12.06.1927 48 Turkish Citizenship Law no. 1312 dated 4 June 1928. 48 Law on Temporary Agreements to be Entered into with States Which have not yet Signed a Residence Agreement, no. 1860, dated 22.07.1931 49 İ. Land Registry Act no. 2664 dated 22 December 1934 49 Interim Assessment 51 § 4. A TEST: YEARS 1984-1987 53 § 5. RETURNING TO THE OLD PRACTICE: 1987-2003 55 § 6. A NEW PERIOD: 2003 AND AFTERMATH 55 Regulation Brought by the Law no. 4916 dated 3.7.2003 55 Repeal of article 87 of the Village Law and article 36 of the Land Registry Act 57 Rule of Reciprocity 59 Immovable properties Acquired by Statutory inheritance 59 Acquisition of Limited Rights in Rem by Foreigners 60 Geographical Power Vested with the Council of Ministers. 60 Constitutional Court Decision of Nullity 61 Regulation Brought by the Law no. 5444 dated 29.12.2005 61 Acquisition of Immovable Properties and Limited Rights in Rem by Foreign individuals 63 Acquisition of Immovable Properties and Limited Rights in Rem by Inheritance 64 Restraining Power Vested with the Council of Ministers 64 Consequences of Using an Immovable Property Illegitimately 65
Nullification of Provisions of the Law no. 5444 by the Constitutional Court 65 Regulation Brought by the Law no. 5782 dated 3.7.2008 66 Revised Article 35, Added Article 36 and Temporary Article 3 Contents 66 Decision Taken by the Constitutional Court in Suit of Nullity Brought Forward for Nullification of Article 35 of Land Registry Act Amended and Article 36 and Temporary Article 3 Added by the Law no. 5782 to Land Registry Act 66 SECOND PART SYSTEM ESTABLISHED BY THE RECENT REGULATIONS § 1. ACQUISITION OF IMMOVABLE PROPERTIES 69 Framework Brought by the European Convention on Human Rights and the Turkish Constitution of 1982 69 Practise Brought by Last Version of Land Registry Act 71 Acquisition of Immovable Properties by Foreign Individuals in Turkey 72 Establishment of Limited Rights in Rem in Favour of Foreign Individuals 77 Legal Limitations on Acquisition of Immovable Properties by Foreign Nationals 77 Military Forbidden Zones and Security Zones Law 78 Law on Retaliation in Kind Actions to be Taken Against Properties Owned in Turkey by Citizens of Foreign States Taking Actions on Properties of Turkish Nationals Within the Borders of Their Countries, no. 1062 dated 28.5.1927 79 Limitations Brought by the Land Registry Act 80 Some Special Legislative Instruments Other Than Articles 35 and 36 of Land Registry Act 81 Foreign Direct Investments Law 81 Tourism Incentives Law no. 2634 dated 12.03.1982 82 Turkish Petroleum Law 85 Petroleum Market Law 86 Private Education Institutions Law 87
Special Status of Individuals Renouncing Citizenship with Permission 89 § 2. INVESTOR CITIZENSHIP 90 Regulation on Implementation of Turkish Citizenship Law 91 Article 20 of Regulation on Implementation of Turkish Citizenship Law 91 Citizenship “Through Acquisitionof Immovable Properties” Pursuant to Article 20/2-b of Regulation on Implementation of Turkish Citizenship Law 95 Circular of 10.12.2018 of the General Directorate of Land Registry and Cadastre 98 § 3. ACQUISITION OF IMMOVABLE PROPERTIES BY FOREIGN INDIVIDUALS BY INHERITANCE AND SUCCESSION 101 Framework Outlined by Constitution and European Convention on Human Rights (ECHR) 101 Law Applicable to Inheritance 106 Public Order Intervention 114 Succession According to the Last Version of the Land Registry Act 117 Acquisition of Immovable Properties by Inheritance in Villages. 121 Military Forbidden Zones and Security Zones in Terms of Inheritance 122 Retaliation in Kind and Inheritance 122 Rights of Inheritance of Denaturalised Individuals 123 Rights of Inheritance of Individuals Who Become a Turkish Citizen by Birth and Cease to be a Turkish Citizen with Permission 123 THIRD PART CURRENT PROBLEMS § 1. FOREIGN INDIVIDUALS NOT BEING PERCEIVED AS CONSUMERS 125 § 2. SOME DEFICIENCIES IN CONSUMER LAW 126 Concepts 128 Proposals 129 Interim Assessment 132
§ 3. DIFFICULTY OF ENTERING INTO A VALID CONTRACT 132 § 4. SOME ISSUES RELATING TO PRIVATE PURCHASE CONTRACTS 134 § 5. PROBABILITY OF DEVELOPER TO LEAVE THE PROJECT UNFINISHED 137 § 6. SOME PROBLEMS RELATED TO THE JUDICIAL SYSTEM 142 § 7. INADEQUACY OF THE PROTECTION PROVIDED UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS 144 § 8. THE EFFECTS OF NULLIFICATION DECISIONS MADE BY THE CONSTITUTIONAL COURT 146 § 9. INDIVIDUAL APPLICATIONS TO CONSTITUTIONAL COURT 148 § 10. PASTURE AND FOREST ARGUMENTS 150 § 11. ABOUT PARCELS OF LAND WITHOUT STRUCTURE. 151 § 12. MILITARY PERMISSION 154 § 13. THE ACQUISITION OF IMMOVABLE PROPERTIES BY FOREIGNERS IN AGRICULTURAL FIELDS 155 FOURTH PART THE REASONS UNDERLYING THE CURRENT PROBLEMS § 1. SLOWDOWN IN EU MEMBERSHIP PROCESS 157 In General 157 Turning Point: Decision to Initiate Negotiations on Full Membership 157 2002 to 2007 Regular Progress Reports 160 From 2002 Progress Report 160 From 2003 Progress Report 161 From 2004 Progress Report 161 From 2005 Progress Report 162 From 2006 Progress Report 162 From 2007 Progress Report 163 Interim Assessment. 164 § 2. ATTITUDE OF THE CONSTITUTIONAL COURT (AYM) 165 About Decisions of Constitutional Court 166 About the Constitutional Court Decision of 13.06.1985 nul- lifying the Law no. 3029 dated 21.06.1984 166
About the Constitutional Court Decision of 09.10.1986 nul- lifying the Law no. 3278 dated 22.04.1986 169 About the Constitutional Court Decision of 14.03.2005 nul- lifying Some Articles of the Law no. 4916 dated 03.07.2003 The Constitutional Court decision nullifying some articles of Law no. 4916 dated 03.07.2003 may be summarized as follows: 170 About the Constitutional Court Decision of 11.04.2007 nul- lifying the Law no. 5444 dated 29.12.2005 172 About the Constitutional Court Decision of 12.05.2011 par- tially nullifying the Law no. 5782 dated 03.07.2008 173 About the Constitutional Court Decision of 10.07.2013 related to the Law no. 6302 dated 03.05.2012 174 About Reciprocity and Legal Certainty 176 Interim Assessment 176 § 3. CONCERNS ABOUT CAPITULATION AND CONCESSION 177 In General 177 Interim Assessment 179 CONCLUSION 183 BIBLIOGRAPHY AND REFERENCES 185
