L'acquisition de droit réel sur les propriétés immobilières par les investisseurs etrangers

Material changes have taken place with respect to the legislation regulating theacquisition of ownership and rights in rem in Turkey by foreigners, peculiarly within last fiveyears. These changes observed predominantly in the Land Registry Law concern closely realestate investments to be realized in Turkey by foreign real and legal persons and also Turkishcompanies with foreign capital. This is because the acquisition of real rights by foreigners isnot unrestricted under Turkish law. On the contrary, acquisition of real right by foreigninvestors on real properties located in Turkey is subject to certain limitations arising from thepublic law. It is important, for the Turkish economy, to rend permanent the existence offoreign investors in Turkey and to create a reliance climate for foreign investors in Turkey.On the other hand, it is also necessary to preserve and protect the land which is thepreliminary source of the Turkish economy. Therefore, it becomes necessary to evaluate bothof these points of view before determining the conditions and regulations according to whichforeign investors acquire ownership and rights in rem. This work criticizes the existinglegislation, and aims to bring certain constructive suggestions in addition to such critics.