The changing hands of the leasehold and the right to terminate based on the requirement of the new owner

With the entry into force of the Turkish Code of Obligations Law No. 6098, the principle of "sale voids lease", which is the dominant rule for the Code of Obligations Law No. 818, is replaced by the principle of "sale does not void lease". In accordance with article 310 of the Turkish Code of Obligations, which forms the basis of this principle, if the leasehold is changed hand after the establishment of the contract for any reason; the new owner becomes a party to the lease contract. Our thesis consists of three parts. In the first chapter, the subject is examined within the scope of old Turkish Law and Swiss Code of Obligations. In the second part, the changing hands of the leasehold, the establishment of limited real rights on the leasehold and the caution of the right of the tenancy on land registry record were examined in details. In the third and last part, the right to terminate the lease contract based on the requirement of the new owner for residential premises and business premises with roof was examined.