Legal Glossary

Short, clear explanations of the terms you will meet in your own file.

In short

This glossary gives short definitions of the terms most often encountered in Turkish family, criminal, enforcement, inheritance, insurance and real estate law. Each definition cites the relevant statutory provision and stands on its own. The definitions are for general information and do not constitute legal advice.

A

Abatement action: An action by an heir whose reserved share has been infringed, seeking reduction of the deceased's dispositions to the extent they exceed the disposable portion. It must be brought within one year of learning of the infringement and, in any event, within ten years (Civil Code Art. 571).
Action for annulment of objection: An action brought by the creditor before the general courts to continue proceedings suspended by the debtor's objection. It must be filed within one year of notification of the objection (Art. 67). The dispute is examined on its merits, and if the objection proves unfounded, denial compensation may be awarded.
Appeal: A fresh review of a first-instance judgment by the regional court of appeal, on both the facts and the law. The period to appeal is as a rule two weeks from service of the judgment. If it is missed the judgment becomes final, which makes tracking the date of service critical.
Attachment: The seizure of a debtor's assets by the enforcement office, in finalised proceedings, in order to satisfy the claim. Household goods essential to the debtor's family and three quarters of wages are exempt (Arts. 82-83). A claim that assets are exempt must be raised before the enforcement court within seven days.

C

Certificate of inheritance(certificate of heirship): A document showing who the heirs are and the size of their shares. It can be obtained from a notary or the civil court of peace, and is required to prove heirship in land registry, banking and company transactions. If it does not reflect the true position, an action may be brought to annul it.
Child maintenance: Maintenance paid by the parent who does not have custody, as a contribution to the child's care, education and health expenses. It continues until the child reaches majority and may extend while education continues. The court awards it of its own motion, even where it has not been claimed.
Criminal mediation: A mechanism allowing the suspect or defendant and the victim to reach agreement through a mediator, for certain offences listed in the law. If mediation succeeds, no public prosecution is brought, or an existing one is discontinued. Whether it serves a party's interests depends on the alleged offence and the evidence.
Custody: The set of rights and duties concerning a minor child's care, education, legal representation and property. In divorce, the sole criterion is the best interests of the child: the court weighs the child's age, established environment, each parent's capacity to provide care and, where the child has sufficient understanding, the child's own views.

D

Decision not to prosecute(non-prosecution decision): A decision by the public prosecutor at the end of an investigation that there is insufficient suspicion to bring a public prosecution. It may be challenged before the criminal judgeship of peace within fifteen days of service; if the challenge succeeds the investigation is reopened and an indictment is required.
Defence counsel(defence lawyer): The lawyer who conducts the defence of a suspect or defendant in criminal proceedings. A suspect has the right to consult defence counsel before questioning begins. In the cases listed in the law counsel is mandatory, and on request the bar association appoints one free of charge.
Disclaimer of inheritance: A declaration made to the civil court of peace by which an heir refuses to accept the estate together with its debts. For statutory heirs the period is three months from learning that they are heirs (Civil Code Art. 606). If no disclaimer is made in time, the estate is deemed accepted with its debts.

E

Enforcement without judgment: Enforcement proceedings a creditor can start without holding a court judgment, available only for monetary and security claims. If the debtor objects within seven days of service of the payment order, the proceedings are automatically suspended (Enforcement and Bankruptcy Law Art. 62) and the creditor must go to court.

F

Family residence annotation: An annotation placed on the land registry record of the home where the spouses live together. It prevents the owner spouse from selling or mortgaging the property, or terminating its lease, without the other spouse's consent. It can be entered on application to the land registry or by court order.

I

Insurance Arbitration Commission: An arbitration body established to resolve disputes between insurers and policyholders more quickly than the courts. A written application must first have been made to the insurer, and the insurer must be a member of the Commission. Awards below certain thresholds are final.
Interim injunction: Temporary protection sought from the court to prevent a right from becoming impossible to obtain before judgment. The most common example in property cases is an annotation on the land registry record; without it, a transfer may take effect in favour of a good-faith third party.

J

Judicial control: A protective measure applied instead of detention: the suspect or defendant remains at liberty but is placed under specific obligations. The most common forms are a ban on leaving the country, signing on at a police station at set intervals, house arrest, and the deposit of a security sum.

L

Lifetime care agreement: An agreement by which a person undertakes to transfer their assets, or a specific asset, in return for being cared for until death. It must be made in official form, as an inheritance contract. If the duty of care is not performed, termination of the agreement and cancellation of title may be sought.
Loss of support compensation: Compensation paid to those who were in fact supported by a person who has died. The right to claim is not limited to statutory heirs: anyone the deceased actually maintained may claim. The amount is calculated actuarially from the deceased's income, remaining life expectancy and the shares of support.

M

Mandatory mediation: The requirement, in certain disputes, to apply to a mediator before filing suit — a condition of action. It applies to commercial, employment and consumer disputes and to some disputes arising from leases. A claim filed without it is dismissed on procedural grounds. It is not, as a rule, mandatory in family law.

P

Participation in acquired property: The default matrimonial property regime for marriages entered into after 1 January 2002. Property acquired during the marriage is in principle shared equally, while inheritances, gifts and pre-marital assets count as personal property. Division takes place in a separate liquidation action brought after the divorce becomes final.
Partition action(action for dissolution of co-ownership): An action to end co-ownership of property held jointly or in common. Where heirs cannot agree on division, any one of them may bring it. The court orders division in kind where the property permits it, and otherwise division through sale.
Payment order: The official document the enforcement office serves on a debtor in proceedings without a judgment, giving them time either to pay or to object. The objection period is seven days in ordinary proceedings and five days for negotiable instruments, running from the day after service.
Poverty alimony: Indefinite maintenance awarded to the spouse who would fall into poverty because of the divorce, provided their own fault is not greater (Civil Code Art. 175). The amount reflects the parties' financial circumstances and may later be increased, reduced or terminated through a separate action if circumstances change.
Power of attorney: A document drawn up before a notary by which a person authorises a lawyer or another party to act on their behalf. For matters such as divorce and recognition of foreign judgments it must bear a photograph. Clients abroad can obtain one at a Turkish consulate, and it may be revoked at any time.

R

Recourse: The right of a party who has paid for a loss to recover that sum from the person ultimately liable. After indemnifying the injured party, an insurer may have recourse against the insured or a third party in the cases set out in law or the policy. Driving under the influence and driving without a licence are the most common grounds.
Reserved share: The minimum portion of an estate that the deceased cannot dispose of by will or gift. The Civil Code sets separate proportions for descendants, parents and the surviving spouse; the reserved share of descendants, for example, is half of their statutory share (Art. 506). Infringement gives rise to an abatement action.

S

Simulated transfer by the deceased(collusive transfer): Where the deceased transferred property that appeared on paper to be a sale but was in truth a gift, in order to keep it from certain heirs. The apparent sale is void as simulated, and the concealed gift is void for want of the required formalities. Heirs may sue for cancellation of title at any time after death.

T

Third-party ownership action: An action asserting that attached property belongs not to the debtor but to a third party. Who is in possession of the property determines which side bears the burden of proof. The action is brought before the enforcement court within seven days of service of the attachment record.

U

Uncontested divorce: A divorce in which the spouses agree on the divorce itself and on all of its consequences. The marriage must have lasted at least one year, the spouses must apply jointly or one must accept the other's claim, and the judge must hear the parties in person and approve their protocol (Civil Code Art. 166/3).
Unlawful registration: A land registry entry that rests on no valid legal cause, or whose cause subsequently fails (Civil Code Arts. 1024-1025). A person whose right is impaired may bring an action for cancellation and registration. A third party who acquires in good faith relying on the register may nonetheless be protected.

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