Introduction
The Turkish Law of Persons (Türk Kişiler Hukuku) constitutes the foundation of private law in Turkey, governing the legal status of both individuals and legal entities. Codified in the Turkish Civil Code No. 4721 (Türk Medeni Kanunu – TMK), the Law of Persons regulates the beginning and end of legal personality, capacity to act, rights of personality, and the legal framework of associations, foundations, and other entities.
For foreigners living, working, or investing in Turkey, understanding the Turkish Law of Persons is crucial, as it determines who can hold rights and obligations, how individuals and companies operate legally, and how personality rights are protected in daily life.
1. Legal Personality (Kişilik)
The TMK establishes that legal personality begins at birth and ends with death (Art. 28).
- Real Persons (Gerçek Kişiler): Every human being has rights and duties as a legal subject from the moment of live birth. Even before birth, an unborn child (cenin) is protected in certain situations (e.g., inheritance rights, provided the child is later born alive).
- End of Personality: Death, or judicial declaration of death (gaiplik), terminates legal personality.
2. Capacity (Ehliyet)
a. Capacity to Have Rights (Hak Ehliyeti)
Every person automatically has the capacity to hold rights and obligations simply by being born (Art. 8).
b. Capacity to Act (Fiil Ehliyeti)
The ability to enter into legal transactions depends on:
- Majority (Reşitlik): 18 years of age, or earlier through marriage (Art. 11–12).
- Mental Competence (Ayırt Etme Gücü): Understanding and reasoning ability.
- Non-restriction (Kısıtlı Olmama): Not being under guardianship.
Only those with full capacity can independently conclude contracts, marry, or manage property.
c. Limited Capacity (Sınırlı Ehliyet)
Minors or restricted persons may only perform certain legal transactions with consent of their legal representatives.
3. Protection of Personality (Kişilik Haklarının Korunması)
The Law of Persons protects personality rights (Art. 23–25):
- Right to Life and Physical Integrity: No one may waive or restrict these rights unlawfully.
- Privacy and Honor: Attacks against reputation, dignity, or private life can be prevented through court actions.
- Name Rights: Individuals have the right to their name; unauthorized use can be challenged.
- Remedies: Victims may demand cessation of violations, correction of unlawful publications, compensation for material and moral damages.
4. Civil Status and Registration
Civil status records (birth, marriage, death) are kept by the Population Registry (Nüfus Kayıtları). Registration ensures legal certainty in family law, inheritance, and identity matters.
5. Legal Entities (Tüzel Kişiler)
Apart from real persons, the Turkish Civil Code recognizes legal entities (Arts. 47–117):
a. Associations (Dernekler)
Formed by at least seven persons for a common non-economic purpose. They must be registered with local authorities.
b. Foundations (Vakıflar)
Created by dedicating assets for a specific purpose. Foundations are regulated more strictly and often focus on education, health, or social services.
c. Companies
Although commercial companies are mainly regulated by the Turkish Commercial Code (TTK), their existence as legal persons is based on general principles of the TMK.
Legal entities, like individuals, have rights and obligations, can own property, sue and be sued.
6. Residence (İkametgâh)
Every person must have a residence (domicile), which determines jurisdiction in many legal matters (Art. 19–22). For foreigners, residence in Turkey is particularly important for contracts, lawsuits, and inheritance cases.
7. Guardianship and Custody (Vesayet ve Kayyımlık)
The TMK regulates protective legal institutions for those who cannot manage their affairs:
- Guardianship (Vesayet): Applied to minors without parents, or adults who are mentally ill, addicted, or heavily indebted.
- Custodianship (Kayyım): Appointed for specific legal tasks (e.g., managing shared property).
These mechanisms safeguard vulnerable individuals and maintain legal security.
Conclusion
The Turkish Law of Persons lays the foundation for private law by defining who holds legal personality, how capacity to act is determined, and how both individuals and legal entities operate within the legal system. It ensures that personality rights are protected, vulnerable individuals are supported, and associations and foundations function within a legal framework.
For foreigners, understanding the Turkish Law of Persons provides clarity when entering contracts, establishing businesses, or protecting rights in Turkey. It guarantees that the legal system recognizes both individuals and organizations as rightful subjects of law, ensuring predictability and stability in private and commercial life.
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