Legal right of preemption

The right to property is a constitutional right and is not unlimited. Since Roman law, this right has been subject to limitations. These limitations can be caused by both public and private law. One of the limitations arising from private law is the legal right of preemtion regulated between articles 732-734 of the Turkish Civil Code. In a shared property, if one of the stakeholders transfers its share to third parties through a sale or an equivalent transaction, it is a recognized priority purchase right granted to other stakeholders by law. The reason for this right is to prevent unwanted persons from entering the partnership or to collect as many shares in one hand as possible. Unlike civil law no. 743, the legal right of preemtion is a right that can only be exercised through litigation. This study consists of three parts. In the first chapter, the concept of the legal right of preemption, its types, purpose and subject, its legal nature and comparison with similar rights are mentioned. In the second part, the positive and negative conditions required for the exercise of the legal right of preemption are discussed. In the third chapter, the provisions and consequences of exercising the legal preemption right and the situations that terminate the legal right of preemption are examined. In the preparation of the study, the doctrine and the decisions of the Supreme Court were frequently mentioned.