Evaluation of the provisions of the Turkish code of obligations concerning the termination of lease contracts by litigation due to reasons arising from the lessor
Dr. Safa Koçoğlu
Due to its geographical location and natural resources, numerous foreigners are acquiring immovables in Turkey and consequently, conducting legal transactions related to acquisition of property. According to Article 25 of the Law on International Private Law and Procedure Law entitled “Contracts Concerning Immovables”, contracts concerning immovables and their use are subject to the domestic law of the country in which they are located. Hence, this paper aims to provide information about the relevant regulations existing under Turkish Law for foreigners. Provisions concerning lease contracts were primarily regulated under the Law on Real Property Leases (Law No. 6570) and were also dealt under the general provisions of the Turkish Code of Obligations (Law No. 818). This dualist framework was terminated by the adoption of the Turkish Code of Obligations (Law No. 6098) and the abolition of the Law on Real Property Leases on the 1st of July 2011. Within this context, lease contracts have been regulated under the fourth section of the Turkish Code of Obligations which includes the first division on “General Provision”, the second division on “Housing and Roofed Workplace Leases” and the third division on “Product Leases”. Within the framework of this study, after sharing information on the concepts of housing and roofed workplace and upon the determination of the scope of application of lease contracts, the termination of lease contracts due to the housing / workplace necessity of the lessor or the new owner or due to the reconstruction or development of the leased property shall be examined in detail.