⚖️ Legal System in Turkey

Turkey’s legal system is based on civil law, influenced by European continental traditions, especially German and Swiss codes. The system is codified, meaning that laws are written and accessible, unlike common law jurisdictions which rely heavily on case precedent.

The Turkish judiciary consists of several levels: courts of first instance, regional courts of appeal, and the Court of Cassation. For administrative cases, the Council of State serves as the highest authority. Foreigners can access the court system in Turkey just like Turkish citizens, although legal representation is strongly advised for navigating procedures and language barriers.

Laws are applied uniformly across the country, and all court decisions are expected to be in line with statutory legislation. For international clients, the consistency of the civil law system can offer a sense of predictability—especially when supported by local legal guidance.

⚖️ Working with a Lawyer in Turkey

The legal relationship between a client and a lawyer in Turkey is governed by statutory provisions under the Attorneys’ Act (Law No. 1136). A lawyer (avukat) is not merely an advisor, but a legally authorized representative entitled to act before courts, notaries, and administrative authorities on behalf of a client.

In accordance with the principle of legal monopoly, only registered lawyers are permitted to represent others in judicial proceedings. Foreigners must be aware that translators, consultants, or real estate agents cannot provide legal representation unless they are licensed attorneys admitted to a Bar Association in Turkey. The unauthorized practice of law is both ineffective and punishable.

The client–lawyer relationship is structured through a retainer agreement, which formalizes the scope of work, fees, and professional duties. Confidentiality is legally binding, and the lawyer operates within the framework of Turkish legal norms, ensuring procedural integrity and lawful conduct. This institutional structure is essential for maintaining legal certainty and safeguarding the rights of foreign nationals under Turkish jurisdiction.

⚖️ Real Estate and Property Ownership in Turkey

The acquisition of real property in Turkey by foreign nationals is subject to legal norms outlined in the Land Registry Law (Law No. 2644) and relevant regulations. As a civil law jurisdiction, Turkey maintains a formalistic approach, where legal validity depends on compliance with statutory procedures rather than customary practices.

Foreign individuals may acquire property within specified zones, provided that the acquisition does not exceed legal area limits and does not fall within military or security-restricted regions. All transactions must be executed through the General Directorate of Land Registry and Cadastre, with ownership confirmed only upon registration of the title deed (tapu). The mere signing of a sales agreement does not confer legal ownership.

Given the complexity and formality of the process, legal representation is strongly advised. Our real estate lawyers in Turkey assist clients by ensuring compliance with legal conditions, conducting due diligence, and safeguarding the client’s interests throughout the transaction. The role of the lawyer here is not ancillary but constitutive of legal certainty in the transfer of property rights.

⚖️ Turkish Citizenship and Residency

The acquisition of Turkish citizenship and the legal right to reside in Turkey are governed by statutory norms set forth in the Turkish Citizenship Law (Law No. 5901) and the Law on Foreigners and International Protection (Law No. 6458). These norms establish the conditions under which a foreign individual may acquire legal status within the Turkish state structure.

Citizenship by investment is one of the exceptional routes, whereby applicants who meet certain economic criteria—such as a real estate purchase of at least $400,000—may apply for naturalization. This process is not automatic; it requires strict compliance with legal procedures, including proper documentation, background checks, and ministry approval. Legal irregularities or procedural omissions may lead to rejection, regardless of the amount invested.

Residency, whether short-term or long-term, is a distinct legal status and should not be confused with citizenship. Foreign nationals seeking residency must apply through the Directorate General of Migration Management, meeting defined criteria based on purpose (e.g. tourism, education, business). Our citizenship and investment lawyers provide legal guidance to ensure conformity with these procedural norms and secure lawful status in the Republic of Turkey.

⚖️ Starting a Business in Turkey

The legal establishment of a business entity in Turkey is governed by the Turkish Commercial Code (Law No. 6102) and relevant provisions of the Turkish Civil Code and Tax Procedure Law. The process is highly formalized and relies on codified procedures for registration, legal personality, and operational legitimacy.

Foreign individuals and legal entities are permitted to incorporate companies in Turkey without the requirement of a local partner. The two most common forms are the Limited Liability Company (Limited Şirketi) and the Joint Stock Company (Anonim Şirketi). These entities acquire legal personality upon registration with the Trade Registry, not merely upon contract or intent.

The act of incorporation entails submitting notarized documents, capital commitments, tax registration, and, where applicable, sector-specific permits. Each stage is subject to procedural legality. Our corporate law team provides comprehensive legal support, ensuring conformity with statutory requirements and safeguarding foreign investors against structural irregularities or legal nullity.

⚖️ Power of Attorney and Legal Documents

In the Turkish legal system, a power of attorney (vekaletname) is a formal instrument through which one person (the principal) delegates legal authority to another (the agent) to act on their behalf. Governed by the Turkish Code of Obligations and Notary Law, this delegation is strictly regulated and must follow codified procedures to attain legal validity.

For foreign nationals, powers of attorney must either be issued at a Turkish notary or legalized abroad through an apostille or consular authentication, depending on international treaty status. The content of the document must be specific, indicating the precise scope of the agent’s authority. General or ambiguous authorizations may be rejected by registries, courts, or other administrative bodies.

Our legal professionals provide structured assistance in drafting, notarizing, and validating powers of attorney. Legal accuracy is not merely procedural here—it is constitutive. An improperly issued document has no legal effect, regardless of intent. The form must comply with legal norms for the delegation of rights to be recognized under Turkish jurisdiction.

⚖️ Family Law: Marriage, Divorce, Prenuptial Agreements

Family law in Turkey is governed by the Turkish Civil Code, which provides a comprehensive legal framework for matters such as marriage, divorce, and marital property regimes. The law emphasizes formal procedures and codified norms to ensure legal certainty and protect individual rights.

Marriage and Marital Property Regimes
Under Turkish law, the default marital property regime is the “participation in acquired property” system. However, spouses have the option to choose alternative regimes through prenuptial or postnuptial agreements. These agreements must be in writing and notarized to be legally valid. They allow couples to define the ownership and management of assets acquired before and during the marriage. For detailed information on these agreements, refer to our Prenuptial and Postnuptial Agreements in Turkey page.

Divorce Proceedings
Divorce in Turkey can be initiated on various grounds, including irretrievable breakdown of the marriage. The process involves legal procedures that address issues such as asset division, alimony, and child custody. The courts aim to ensure that the rights and interests of both parties, as well as any children involved, are protected throughout the proceedings.

Legal Support
Navigating family law matters requires a clear understanding of the legal norms and procedures. Our Family Law team provides expert legal assistance to clients dealing with marriage, divorce, and related issues. We ensure that all actions are in compliance with Turkish law and that our clients’ rights are upheld throughout the legal process.

⚖️ Inheritance and Succession Law in Turkey

Inheritance matters in Turkey are governed primarily by the Turkish Civil Code, which establishes a normative structure for the transfer of property upon death. The law defines the order of heirs, forced heirship shares (zorunlu miras payı), and testamentary freedoms within a codified system.

Foreigners who own property in Turkey are subject to Turkish inheritance rules for their assets located within Turkish territory. The applicable law is determined through a conflict of laws analysis, taking into account international conventions and the nationality or domicile of the deceased. However, real estate located in Turkey is always subject to Turkish succession law, irrespective of the deceased’s nationality.

Wills must conform to formal legal standards—either handwritten or notarized—and must clearly articulate the distribution of assets. Our inheritance law team provides legal support in preparing valid wills, navigating probate procedures, and resolving inheritance disputes. The aim is to ensure that succession processes are carried out in accordance with Turkish legal norms while protecting the interests of foreign heirs.

⚖️ Criminal Law and Foreign Nationals in Turkey

Criminal matters in Turkey are governed by the Turkish Penal Code (Law No. 5237) and the Code of Criminal Procedure (Law No. 5271), both of which apply uniformly to citizens and non-citizens alike. However, for foreign nationals, criminal proceedings may involve additional legal, linguistic, and diplomatic dimensions.

Upon suspicion of a crime, a foreign individual may be detained, questioned, or prosecuted according to Turkish procedural norms. The rights of the accused—such as access to legal counsel, the right to remain silent, and the presumption of innocence—are protected under the law. However, effective exercise of these rights often requires immediate and competent legal representation.

In criminal cases involving foreigners, issues such as translation, consular notification, or international extradition treaties may become relevant. Our criminal defense lawyers provide comprehensive legal support to ensure procedural fairness, protect due process rights, and navigate the complexities of transnational criminal law when necessary.

⚖️ Employment and Labor Law for Foreigners in Turkey

Employment relations in Turkey are regulated by the Turkish Labor Law (Law No. 4857) and relevant international conventions. These norms apply to all employment contracts performed within the territory of Turkey, regardless of the nationality of the employee or employer.

Foreign nationals may work in Turkey only upon receiving a valid work permit, issued by the Ministry of Labor and Social Security. Unauthorized employment constitutes a legal violation and may result in penalties, deportation, or the invalidation of residency rights. The employment contract must specify working hours, salary, duties, and duration, and must adhere to statutory labor protections.

Rights such as severance pay, overtime compensation, social insurance, and workplace safety are universally guaranteed. Our labor law team provides legal guidance to both employers and foreign employees, ensuring that employment relations are compliant with national norms and international labor standards. Legal clarity in employment matters is essential for both professional stability and regulatory compliance.