According to
Art.312 of Turkish Code of Obligations, parties to a lease may agree to have it
annotated in the land register. After articles 310 and 311 of Turkish Code of
Obligations, regulating mandatory legal assignment of the lease contract, came
into effect in 2012, this annotation lost its significance. In spite of this development, it is claimed
that this annotation has still some value. According to some writers and
expressionary statement of the code, this annotation will eliminate termination
right of the owner due to own needs, recontruction or redevelopment based on
Art.350 and termination right of the new owner due to own need based on
Art.351. Actually, annotation enables the tenant to claim his existing
contractual rights against anyone who obtains ownership or any other real right
affecting his usage after the annotation. That is why it is logical to claim
that annotation eliminates the termination right of the new owner due to own
need because this right did not exist in the registered lease agreement.
Contrary to this, annotation should not remove the termination right
of the first lessor who asked for the annotation because according to Art.
1009, annotation does not change the contractual rights and obligations among
the existing parties of a contract. Accordingly, new owner may enjoy the same
contractual rights even if the relevant contract has been annotated since the
contract is assigned to him in accordance with Art.310.
annotation lease contract effects of annotation right of termination of the new owner
Kira sözleşmesinin şerhi nispi hakların şerhinin etkisi malikin gereksinimi yeniden inşa ve imar nedeni ile fesih hakkı yeni malikin gereksinimi
Birincil Dil | Türkçe |
---|---|
Konular | Hukuk |
Bölüm | Makaleler |
Yazarlar | |
Yayımlanma Tarihi | 30 Haziran 2019 |
Gönderilme Tarihi | 13 Mart 2019 |
Kabul Tarihi | 20 Mayıs 2019 |
Yayımlandığı Sayı | Yıl 2019 Cilt: 10 Sayı: 1 |
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