Cancellation and registration of deed based on family residence

The subject of this study is " The Case for Cancellation and Registration of Deed Based on Family Residence". The family residence annotation was mentioned in Turkish law for the first time with the 194th article of the Turkish Civil Code No. 4721. With this regulation, it is foreseen to protect the economic integrity and the structure of the family, and it is stipulated that the immovable used as a family residence cannot be transferred by the owner spouse without the express consent of the other spouse, or the rights on the family residence cannot be limited. In the third paragraph of the same article, it is stipulated that the spouse who does not own the immovable, on the immovable that is used as a family residence may request from the land registry directorate that the family residence annotation be given to the land registry. Although the family residence annotation is not registered in the land registry of the immovable used as a family residence; It is controversial in the doctrine whether the third parties who take over the immovable from the spouse who is the owner of the immovable, can be prevented the acquisition of real rights within the scope of the principle of trust in the land registry on the ground that the other spouse does not consent. Pursuant to Article 1023 of the Turkish Civil Code, the real right acquisition of a bona fide third party must be protected on the immovable that does not have a family residence annotation in the land registry. The Supreme Court, in its decisions until 2015, ruled that in real estates that do not have a family residence annotation, third parties will gain real rights in good faith on the family residence. However, the court later changed this view and ruled that the bona fide real rights acquisitions of third parties should not be protected in order to protect the integrity of the family unity. In this study, the legal nature and effect of the family residence annotation and its legal consequences, especially in terms of the acquisition of real rights by bona fide third parties, are studied. Our work consists of three main parts. In the first chapter; the concept of family, the definition of family residence and its elements, the importance of family residence and its protection methods, and the duration of protection are studied, the definition of family residence is made and its importance and protection reasons are mentioned for better understanding. In the second part of the study, the annotation of the family residence, the placement and removal of the annotation are emphasized. In the third part of the study; The main subject of the study, the title deed cancellation and registration case based on family residence, the principle of trust in the land registry, how the goodwill of third parties is evaluated and the results related to this are explained by citing the Supreme Court decisions.