Constitution m. 10/5 – “State organs and administrative authorities are obliged to act in accordance with the principle of equality before the law in all their transactions.”
"Justice without power is powerless, power without justice is cruel.”ZÜLFÜ LİVANELİ
MÖHUK (International Private Law Law)m. According to 1, the provisions of the Law must be applied to the case. MÖHUK m. 20, it is subject to the national law of the inherited person. In this case, if the deceased person is a foreigner, the inheritance will be subject to the national law of the foreign person. If the inheritor is both a Turkish citizen and a foreign citizen, the applicable law is Turkish law. In cases where foreign law is to be applied, the absolute application of foreign law is not in question. Foreign law cannot be applied in cases of violation of public order, the existence of directly applied rules and violations of the Constitution of the Republic of Turkey. For example, gender etc. of inheritance shares in foreign law. differ according to the situation T.C. It is against the Constitution. As a matter of fact, the Constitution m. 10/2 – “Women and men have equal rights. The state is responsible for ensuring the realization of this equality.”
Constitution m. 10/5 – “State organs and administrative authorities have to act in accordance with the principle of equality before the law in all their transactions.”
Like this; At the point where foreign law clearly violates the Turkish public order or the constitution – and of course, in cases that fall within the scope of the directly applied rules of Turkish law, as stated in M.O.C. article 6; Turkish law is applied, not foreign law anymore. Only the relevant provisions that are contrary to the public order will not be implemented, and the provisions that are not contrary to the public order will continue to be applied. There is an exception to this rule, which relates to immovable properties in Turkey. Article 20 f. 1 c. According to 2, Turkish law is applied to the immovable properties in Turkey in the estate. MÖHUK m. 20 f. In 2, the cases that are excluded from the scope of the law applicable to inheritance are specified. Accordingly, the provisions regarding the reasons for the opening of the inheritance, its acquisition and distribution are subject to the law of the country where the estate is located.
Resultç As a matter of fact, foreigners have the same legal status as citizens in terms of acquiring real estate by inheritance, but these rights are not covered by the Constitution. In the face of the principle that it can be limited as intended in 16, the Land Registry Law is also suitable for this, but in any case, this limitation has an exceptional nature and the exceptional provisions should be narrowly interpreted. It has been accepted that the clusters should also be interpreted narrowly. In this case, it can be accepted that foreigners are in an equal situation with Turkish citizens in terms of acquiring real estate, but this right is limited by the Land Registry Law and other legislation in accordance with international law. In this way, the fundamental rights and freedoms of foreigners can be limited in the most reasonable way possible and in accordance with the principle of equality.