The contractual preemptıon rıght

iiiABSTRACTTHE CONTRACTUAL PREEMPTION RIGHTSevtap YÜCELDepartment of Private LawAnadolu University Institute of Social Sciences, August 2006Supervisor: Doç. Dr. Nuri ER ŞG NThe contractual preemption right facilitates the proprietor to limit his/herproprietary right with a legal transaction. In terms of this right, the transaction ofthe proprietor for granting a preemption right to a certain person is designated asa preemption contract, which is subject to the ordinary written form. The scope ofthe preemption right shall be deemed as basic or superior, which shall bedetermined upon the special provisions -especially the preemption value-concluded by the parties.The contract containing the preemption right is valid only between theparties, due to its reciprocal characteristic. However, the right may be reservedagainst future proprietors by annotating the same by the title deed. The validationof such an annotation is limited to ten years.The term ?preemption right? shall be used on the condition that ?theproperty -which is subject to the preemption right- is sold to a third person?,whereby the act of preemption is caused accordingly.The contractual preemption right has to be used in three months as of thesale notification of the buyer or seller to the owner of the right; however, it has tobe used in two years as of the conclusion of the sales contract in allcircumstances. The right shall be used against the person mentioned as theproprietor in the title deed, if the right is annotated. By using his/her preemptionright, the owner concludes a sales contract with the proprietor. In case of a lack ofannotation the right shall be used by filing a lawsuit against the seller. Pursuant tothe definite decision of the court the property rights related to the immovableshall be transferred to the owner of the preemption right.