Unofficial English translation for information only. In case of discrepancy, the Turkish text prevails. This translation is not legal advice.
Turkish source: Law No. 5718, Official Gazette 12/12/2007, No. 26728. Turkish text as published on mevzuat.gov.tr, checked on 26 October 2026: https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=5718&MevzuatTur=1&MevzuatTertip=5
PART ONE – Private International Law
CHAPTER ONE – General Provisions
Article 1 – Scope
(1) This Law governs the law applicable to private-law transactions and relationships involving a foreign element, the international jurisdiction of Turkish courts, and the recognition and enforcement of foreign decisions.
(2) The provisions of international conventions to which the Republic of Türkiye is a party are reserved.
Article 2 – Application of foreign law
(1) The judge applies ex officio the Turkish conflict-of-laws rules and the foreign law designated as applicable under those rules. The judge may request the parties’ assistance in determining the content of the applicable foreign law.
(2) If, despite all research, the provisions of foreign law relevant to the case cannot be determined, Turkish law applies.
(3) If the conflict-of-laws rules of the applicable foreign law designate another law as applicable, this is taken into account only in disputes concerning personal status and family law, and the substantive-law provisions of that law apply.
(4) Where the parties are permitted to choose the applicable law, the substantive-law provisions of the chosen law apply unless the parties expressly agree otherwise.
(5) If the state whose law is applicable has two or more territorial units, and those units have different legal systems, the law of the territory to be applied is determined according to the law of that state. If that state’s law contains no provision determining this, the law of the territory most closely connected with the dispute applies.
Article 3 – Variable conflicts
(1) Where the applicable law is determined on the basis of nationality, domicile or habitual residence, the nationality, domicile or habitual residence on the date of the action is taken as the basis unless otherwise provided.
Article 4 – Applicable law determined on the basis of nationality
(1) Where, under the provisions of this Law, the applicable law is determined on the basis of nationality, unless otherwise provided in this Law;
a) in respect of stateless persons and refugees, the law of their domicile or, if they have no domicile, their habitual residence, or, if they have neither, the law of the country where they are present on the date of the action,
b) in respect of persons holding the nationality of more than one state, if they are also Turkish citizens, Turkish law,
c) in respect of persons holding the nationality of more than one state who are not also Turkish citizens, the law of the state with which they have the closer connection,
applies.
Article 5 – Conflict with public policy
(1) If a provision of the applicable foreign law, as applied to a particular case, is manifestly contrary to Turkish public policy, that provision is not applied; where deemed necessary, Turkish law applies.
Article 6 – Overriding mandatory provisions of Turkish law
(1) Where the applicable foreign law is applied, an overriding mandatory provision of Turkish law applies to cases falling within its scope, having regard to its regulatory purpose and scope of application.
Article 7 – Form of legal transactions
(1) Legal transactions may be carried out in conformity with the form prescribed by the substantive-law provisions of the law of the country where they are carried out or of the law applicable to the substance of the legal transaction.
Article 8 – Limitation period
(1) The limitation period is governed by the law applicable to the substance of the legal transaction and relationship.
CHAPTER TWO – Conflict of Laws Rules
Article 9 – Capacity
(1) Capacity to have rights and capacity to act are governed by the national law of the person concerned.
(2) A person who lacks capacity under their national law is bound by a legal transaction they have carried out if they have capacity under the law of the country where the transaction was carried out. This provision does not apply to transactions concerning family and succession law or rights in rem over immovable property in another country.
(3) Majority acquired under a person’s national law is not terminated by a change of nationality.
(4) The capacity to have rights and capacity to act of legal persons and associations of persons or of property are governed by the law of the place of central administration specified in their statutes. However, Turkish law may be applied where their actual place of central administration is in Türkiye.
(5) The capacity of legal persons without statutes and associations of persons or of property without legal personality is governed by the law of the place of their actual central administration.
Article 10 – Guardianship, restriction of capacity and curatorship
(1) The grounds for making or terminating a decision on guardianship or restriction of capacity are governed by the national law of the person in respect of whom the making or termination of such a decision is sought.
(2) Where it is not possible to make a decision on guardianship or restriction of capacity under the foreigner’s national law, such a decision may be made or lifted under Turkish law if that person’s habitual residence is in Türkiye. Turkish law also applies where the person is present in Türkiye by necessity.
(3) All matters relating to restriction of capacity or guardianship other than the grounds for making or terminating a decision on guardianship or restriction of capacity, and matters relating to curatorship, are governed by Turkish law.
Article 11 – Declaration of absence or presumption of death
(1) A decision declaring a person absent or presumed dead is governed by the national law of the person in respect of whom the decision is to be made. If no decision declaring a person absent or presumed dead can be made under that person’s national law, a decision declaring the person absent or presumed dead is made under Turkish law where the person’s property is in Türkiye or their spouse or one of their heirs is a Turkish citizen.
Article 12 – Engagement
(1) Capacity and conditions for becoming engaged are governed by the national law of each party at the time of engagement.
(2) The effects and consequences of engagement are governed by the parties’ common national law; if the parties have different nationalities, Turkish law applies.
Article 13 – Marriage and its general provisions
(1) Capacity and conditions for marriage are governed by the national law of each party at the time of marriage.
(2) The form of marriage is governed by the law of the country where it is entered into.
(3) The general provisions of marriage are governed by the spouses’ common national law. If the parties have different nationalities, the law of their common habitual residence applies or, failing that, Turkish law.
Article 14 – Divorce and separation
(1) The grounds for and effects of divorce and separation are governed by the spouses’ common national law. If the parties have different nationalities, the law of their common habitual residence applies or, failing that, Turkish law.
(2) The provision of paragraph one applies to claims for maintenance between divorced spouses. This provision also applies in cases of separation and nullity of marriage.
(3) In divorce, custody and issues relating to custody are also governed by the provision of paragraph one.
(4) Turkish law applies to requests for interim measures.
Article 15 – Matrimonial property
(1) With respect to matrimonial property, the spouses may expressly choose one of the laws of their habitual residence or nationality at the time of marriage; if no such choice is made, the law of the spouses’ common nationality at the time of marriage applies, or, if there is none, the law of their common habitual residence at the time of marriage, or, if there is none, Turkish law.
(2) In the liquidation of property, the law of the country where immovable property is located applies to that property.
(3) Spouses who acquire a new common law after marriage may be subject to that new law, without prejudice to the rights of third parties.
Article 16 – Establishment of parentage
(1) The establishment of parentage is governed by the law of the child’s nationality at the time of birth or, if parentage cannot be established under that law, by the law of the child’s habitual residence. If parentage cannot be established under those laws, it is established subject to the law of the mother’s or father’s nationality at the time of the child’s birth or, if it cannot be established under those laws, the law of the common habitual residence of the mother and father at the time of the child’s birth or, if it cannot be established under that law either, the law of the place of the child’s birth.
(2) The annulment of parentage is governed by the law under which parentage was established.
Article 17 – Effects of parentage
(1) The effects of parentage are governed by the law under which parentage was established. However, if the mother, father and child have a common nationality, the law of that nationality governs the effects of parentage or, if there is no common nationality, the law of their common habitual residence applies.
Article 18 – Adoption
(1) Capacity and conditions for adoption are governed by the law of each party’s nationality at the time of adoption.
(2) The laws of the spouses’ respective nationalities apply jointly with respect to the consent of the other spouse to the adoption and to being adopted.
(3) The effects of adoption are governed by the law of the adopter’s nationality or, where the spouses adopt jointly, by the law governing the general effects of marriage.
Article 19 – Maintenance
(1) Claims for maintenance are governed by the law of the maintenance creditor’s habitual residence.
Article 20 – Succession
(1) Succession is governed by the law of the deceased’s nationality. Turkish law applies to immovable property located in Türkiye.
(2) Provisions concerning the grounds for opening succession, acquisition and distribution are governed by the law of the country where the estate is located.
(3) An estate without heirs located in Türkiye devolves to the State.
(4) The provision of Article 7 applies to the form of dispositions upon death. Dispositions upon death made in a form complying with the law of the deceased’s nationality are also valid.
(5) Capacity to make a disposition upon death is governed by the law of the nationality of the person making the disposition at the time it is made.
Article 21 – Rights in rem
(1) Ownership and other rights in rem over movable and immovable property are governed by the law of the country where the property is located at the time of the transaction.
(2) Rights in rem over goods in transit are governed by the law of the place of destination.
(3) In the event of a change of location, rights in rem not yet acquired are governed by the law of the country where the property was last located.
(4) Legal transactions relating to rights in rem over immovable property are governed, as to form, by the law of the country where that property is located.
Article 22 – Means of transport
(1) Rights in rem over air, sea and rail transport vehicles are governed by the law of the country of origin.
(2) The country of origin is, for air and sea transport vehicles, the place of registration of rights in rem; for sea transport vehicles, if there is no such place of registration, the home port; and for rail transport vehicles, the place of licensing.
Article 23 – Law applicable to intellectual property rights
(1) Intellectual property rights are governed by the law of the country under whose law protection is sought.
(2) The parties may agree, with respect to claims arising from infringement of an intellectual property right, after the infringement, that the law of the court seised shall apply.
Article 24 – Law applicable to contractual obligations
(1) Contractual obligations are governed by the law expressly chosen by the parties. A choice of law that can be inferred unequivocally from the terms of the contract or the circumstances of the case is also valid.
(2) The parties may agree that the chosen law applies to all or part of the contract.
(3) A choice of law may be made or changed by the parties at any time. A choice of law made after the conclusion of the contract is valid with retroactive effect, without prejudice to the rights of third parties.
(4) If the parties have not chosen the applicable law, the contractual relationship is governed by the law with which it is most closely connected. This law is presumed to be the law of the habitual residence of the party liable for the characteristic performance at the time the contract was concluded or, in contracts concluded in the course of commercial or professional activities, the law of the workplace of the party liable for the characteristic performance or, if there is no such workplace, the law of that party’s domicile; if the party liable for the characteristic performance has more than one workplace, the law of the workplace most closely connected with the contract. However, if, in light of all the circumstances of the case, the contract is more closely connected with another law, it is governed by that law.
Article 25 – Contracts relating to immovable property
(1) Contracts relating to immovable property or its use are governed by the law of the country where the immovable property is located.
Article 26 – Consumer contracts
(1) Consumer contracts for the supply of goods or services or the provision of credit for purposes not related to a professional or commercial activity are governed by the law chosen by the parties, without prejudice to the minimum protection the consumer would enjoy under the mandatory provisions of the law of the consumer’s habitual residence.
(2) If the parties have not chosen the applicable law, the law of the consumer’s habitual residence applies. For the law of the consumer’s habitual residence to apply, at least one of the following conditions must be satisfied:
a) the contract must have been concluded in the country where the consumer has their habitual residence, following a specific invitation sent to them or an advertisement there, and the legal acts required of the consumer for the conclusion of the contract must have been carried out in that country; or
b) the other party or its representative must have received the consumer’s order in that country; or
c) where the relationship is a contract of sale, the seller must have organised a trip to induce the consumer to purchase, and the consumer must have travelled on that trip from the country where they were located to another country and placed their order there.
(3) The law of the consumer’s habitual residence applies to the form of consumer contracts concluded under the conditions set out in paragraph two.
(4) This Article does not apply to transport contracts, except package tours, or to contracts under which the service must be provided to the consumer in a country other than the country where the consumer has their habitual residence.
Article 27 – Employment contracts
(1) (Amended:4/6/2025-7550/18 art.) Employment contracts are governed by the law chosen by the parties in the contract, without prejudice to the minimum protection the employee would enjoy under the mandatory provisions of the law of the employee’s habitual workplace.
(2) If the parties have not chosen the applicable law, the employment contract is governed by the law of the workplace where the employee habitually carries out their work. If the employee temporarily carries out their work in another country, that workplace is not considered their habitual workplace.
(3) If the employee does not habitually carry out their work in a particular country but carries it out continuously in more than one country, the employment contract is governed by the law of the country where the employer’s principal place of business is located.
(4) (Amended:4/6/2025-7550/18 art.) However, if, in light of all the circumstances of the case, the contract is more closely connected with another law, that law may apply to the employment contract in place of the provisions of paragraphs one, two and three, except for provisions of the law of the place where the work is carried out that must apply at the time the work is carried out.
Article 28 – Contracts relating to intellectual property rights
(1) Contracts relating to intellectual property rights are governed by the law chosen by the parties.
(2) If the parties have not chosen the applicable law, the contractual relationship is governed by the law of the place of business or, if there is no such place, the habitual residence, at the time the contract was concluded, of the party transferring the intellectual property right or its use. However, if, in light of all the circumstances of the case, the contract is more closely connected with another law, it is governed by that law.
(3) Contracts between an employee and an employer concerning intellectual property rights in intellectual works created by the employee within the scope of and in the course of their work are governed by the law applicable to the employment contract.
Article 29 – Contracts for the carriage of goods
(1) Contracts for the carriage of goods are governed by the law chosen by the parties.
(2) If the parties have not chosen the applicable law, the country where the carrier’s principal place of business is located at the time the contract is concluded is presumed to be the country most closely connected with the contract, provided that it is also the country where the goods are loaded or unloaded or where the sender’s principal place of business is located; the law of that country applies to the contract. One-off charter-party contracts and other contracts whose principal subject is the carriage of goods are also governed by the provisions of this Article.
(3) If, in light of all the circumstances of the case, another law is more closely connected with the contract for the carriage of goods, that law applies to the contract.
Article 30 – Authority to represent
(1) Authority to represent arising from the legal relationship between the representative and the person represented is governed by the law applicable to the contractual relationship between them.
(2) The law of the representative’s place of business applies to the conditions required for an act of the representative to bind the person represented to a third party. If the representative has no place of business, or it cannot be known to the third party, or the authority is exercised outside the place of business, authority to represent is governed by the law of the country where the authority is actually exercised. In unauthorised representation, this paragraph also applies to the relationship between the representative and the third party.
(3) If there is an employment relationship between the representative and the person represented and the representative has no independent place of business, authority to represent is governed by the law of the country where the person represented’s place of business is located.
Article 31 – Overriding mandatory provisions
(1) In applying the law governing the contractual relationship, effect may be given to the overriding mandatory provisions of the law of a third state where that state’s law is closely connected with the contract. In deciding whether and how to give effect to those provisions, their purpose, nature, content and consequences are taken into account.
Article 32 – Existence and material validity of the contractual relationship
(1) The existence and material validity of the contractual relationship or of any provision thereof shall be governed by the law that would govern the contract if the contract were valid.
(2) If it is apparent from the circumstances that it would not be equitable to make the effect of one party’s conduct subject to the applicable law, the law of the country in which the party alleging that it did not consent has its habitual residence shall apply to the existence of the declaration of intent.
Article 33 – Manner of performance and measures
(1) With regard to acts and transactions carried out in the course of performance and measures concerning the protection of property, the law of the country where such transactions or acts are carried out or the measure is taken shall be taken into consideration.
Article 34 – Torts
(1) Obligations arising from a tort shall be governed by the law of the country where the tort was committed.
(2) If the place where the tort was committed and the place where the damage occurred are in different countries, the law of the country where the damage occurred shall apply.
(3) If the obligation arising from a tort is more closely connected with another country, the law of that country shall apply.
(4) If the law applicable to the tort or the insurance contract so permits, the injured party may assert the claim directly against the liable party’s insurer.
(5) The parties may expressly choose the applicable law after the tort has occurred.
Article 35 – Liability for violation of personality rights
(1) Claims arising from the violation of personality rights through the media, such as the press, radio and television, the internet or other mass communication media shall be governed, at the choice of the injured party, by:
a) the law of the injured party’s habitual residence, if the person causing the damage was in a position to know that the damage would occur in that country,
b) the law of the country in which the person causing the damage has its workplace or habitual residence, or
c) the law of the country where the damage occurred, if the person causing the damage was in a position to know that the damage would occur in that country.
(2) The right of reply in the event of a violation of personality rights in periodicals shall be governed exclusively by the law of the country where the publication was printed or the programme was broadcast.
(3) Paragraph one of this Article shall also apply to claims arising from a violation of personality rights through the processing of personal data or the restriction of the right to obtain information about personal data.
Article 36 – Non-contractual liability of the manufacturer
(1) Liability for damage caused by manufactured goods shall be governed, at the choice of the injured party, by the law of the habitual residence or workplace of the person causing the damage, or by the law of the country where the manufactured goods were acquired. For the law of the place of acquisition to apply, the person causing the damage must not have been able to prove that the product was brought into that country without their consent.
Article 37 – Unfair competition
(1) Claims arising from unfair competition shall be governed by the law of the country whose market is directly affected by the unfair competition.
(2) If, as a result of unfair competition, only the injured party’s interests relating to its enterprise have been violated, the law of the country in which that enterprise has its workplace shall apply.
Article 38 – Restriction of competition
(1) Claims arising from the restriction of competition shall be governed by the law of the country in which the market directly affected by that restriction is located.
(2) Where foreign law applies to the restriction of competition in Türkiye, compensation may not be awarded in an amount greater than the compensation that would have been awarded had Turkish law applied.
Article 39 – Unjust enrichment
(1) Claims arising from unjust enrichment shall be governed by the law applicable to the existing legal relationship, or the legal relationship alleged to exist, that gave rise to the enrichment. In other cases, unjust enrichment shall be governed by the law of the country where the enrichment occurred.
(2) The parties may expressly choose the applicable law after the unjust enrichment has occurred.