واتساب 
What is the right of pre-emption in Turkish law?
The right of pre-emption in Turkish law is the right of the person involved in a legal or real estate transaction to intervene in the process of buying or selling a property before the completion of the deal to present a purchase offer that is better than the current offer.
The right of pre-emption in Türkiye and who can use it
In Turkish law, the right of pre-emption is a right that allows the person who has, enjoys or represents him in the contract to enter into the contract as a partner to purchase on the same terms under which the original contract was concluded. Anyone who has this right can use it, but they must have a legitimate interest in the contract or transaction in question.
Conditions for the right of pre-emption in Türkiye
The right of pre-emption in Türkiye is subject to some conditions, including:
1. The person wishing to exercise the right of pre-emption must be legally capable of contracting.
2. The original contract for the property or the transaction must have been concluded without the consent of the holder of the right of pre-emption.
3. The seller or other parties to the transaction must be notified of the person’s desire to exercise the right of first refusal within a certain period of time.
4. The amount and conditions of pre-emption are determined in Turkish law.
These are some general terms, and exact application may vary depending on the legal status and individual circumstances.
How to file a case regarding the right of pre-emption?
To file a case regarding the right of first refusal in Türkiye, the following steps must be followed:
1. Consultation with a lawyer: A person who wishes to exercise the right of first refusal should initially consult with a lawyer specialized in Turkish law to obtain legal advice about the strength of the case and the procedures of the case.
2. Preparation of documents: All documents and evidence relevant to the original contract, the right of first refusal, and any other documents that support the person’s claim to the right of first refusal must be collected.
3. Submitting the lawsuit: The lawyer files the lawsuit before the competent court based on the applicable Turkish laws and legal systems.
4. Pleading and defense: The process of pleading and presenting arguments and evidence is followed by both parties, where the lawyer representing the person claiming the right of pre-emption can present arguments and evidence that support his claim.
5. Judgment: The final ruling is issued by the court based on the evidence and applicable laws. If the claim is accepted, a decision is issued confirming the right of pre-emption and specifying its conditions. If the claim is rejected, the person concerned with the right of pre-emption can appeal against the ruling.
Contractual right of pre-emption
A contractual right of pre-emption is a right that gives an individual whose property has been sold or whose rights have been transferred without his or her prior consent the ability to intervene in the contract as a pre-emptor, so as to purchase that property or redeem the rights on the same terms under which the original contract was entered into. The contractual right of first refusal aims to protect the rights of individuals and ensure that their property or rights are not dealt with without their consent.
For everything related to real estate in Türkiye, consult Zain Real Estate
There are many services and information available about real estate in Türkiye, including:
1. Purchasing real estate: You can obtain information about the process of purchasing real estate in Turkey, including the laws and regulations related to that, and the procedures necessary to purchase a property in Turkey.
2. Real estate investment: If you want to invest in real estate in Turkey, you can obtain information about the best areas for investment, market trends, and economic analyzes related to real estate.
3. Real estate services: You can find reliable real estate companies that provide services such as brokerage in buying and selling real estate, property management, and providing real estate consultations.
4. Renting real estate: If you want to rent a property in Turkey, you can obtain information about the best ways to rent real estate, and legislation related to renting real estate in Turkey.
For more accurate and comprehensive information, you can contact Zain Real Estate Company.
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