Master'sOpen Access

Legal right of pre-emption is defined

2007
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Advisor: Prof. Dr. Ihsan Erdoğan

Abstract (EN)

Legal right of pre-emption is defined ? if a partner sell his share -partly orcompletely- on co- ownership other partners can use their priority to buy hisshare? in article 732 in Turkish Civil Code.I mean we describe co- ownershipis that if shareholder sell his lot to out of partner, other shareholder haspriority to buy his lot.Legal right of pre-emption is arranged under the title of ? therestriction of real property ownership? in articles 732,733,734 in Turkish CivilCode.Firstly,to use the right of pre-emption,one of the shareholder has tosell his share to out of shares on co-ownership.Right of pre-emption is usedonly selling operation.Existence of right of pre-emption is not also acceptedcompulsory auction selling and expropriation.Right of pre-emption can be used definite periods arranged inTurkish Civil Code.It has to be used by owner who has it as from the date ofselling decleration announced by buyer of share or seller partner throughnotary on three months or absolutely from the date of selling in twoyears.Otherwise the right of pre-emption in term of the selling is exposed toforeclosure.Disclaim of the right of pre-emption is possible and the owner canuse it fully or a certain selling.Validity of disclaim depend on some formalconditions.Absolute disclaim is only valid notary act and making gloss on titleand partly disclaim is made written.These rules are certainly arranged inarticle 733 (TMK).Legal right of pre-emption is absolutely used through opening case.Unilateral decleration of intention -even if it arrive on acceptor- is not validconcerning Turkish Civil Code,so it has to be used through suit.Since with the petition concerning using right of pre-emption as ifright of pre-emption would be used, act of sale begin coming into force.Theowner of right of pre-emption has freehold of share by definite judgementabout registration sentence given by the court.

Author

Mehmet Beleç

How to Cite

Mehmet Beleç (Master Thesis). Legal right of pre-emption is defined, 2007, Gazi University.

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