What is the Statutory Right of Pre-emption (Shufa) According to Article 732 of the Turkish Civil Code? (2026 Updated Guide)

What is the Right of Legal Pre-emption (Right of First Refusal)?

The right of legal pre-emption, or the right of first refusal, provides significant protection for real estate subject to joint ownership. Article 732 of the Turkish Civil Code regulates this right and grants a special authority to stakeholders.

Primarily, when a stakeholder sells their share in a property to a third party, the other stakeholders step in. These stakeholders can then purchase the sold share under the same conditions. Thus, they gain the opportunity to take the place of the buyer.

In short, the right of legal pre-emption gives stakeholders a priority purchase right.

Purpose of the Right of Legal Pre-emption (Right of First Refusal)

This right does not merely offer a purchase opportunity; it also protects the order of ownership. Furthermore, it ensures that the partnership structure remains balanced.

In particular, the following purposes stand out:

• First, it prevents foreign parties from entering the partnership
• Additionally, it protects the balance between stakeholders
• Finally, it makes the real estate partnership sustainable

Therefore, the right of first refusal strengthens the stability of joint ownership.

How to Exercise the Right of Legal Pre-emption (Right of First Refusal)?

The right of legal pre-emption is not exercised directly; instead, the stakeholder files a lawsuit. First, the process proceeds through the court, and then the right is evaluated.

It proceeds as follows:

• The stakeholder files a pre-emption (first refusal) lawsuit
• The court examines the sale conditions
• It then makes a decision and concludes the process

If the court accepts the case:

• The share is taken from the third party
• The share is transferred to the plaintiff stakeholder
• The plaintiff pays the sale price

Thus, the stakeholder legally acquires the share in the real estate.

Time Limits for the Right of Legal Pre-emption (Right of First Refusal)

This right is subject to specific time limits. Therefore, these periods must not be missed.

• First, 3 months: Starts from the date the sale is notified to the stakeholder
• Furthermore, 2 years: In any case, it begins to run from the date of the sale

However, once these periods expire, the right terminates completely. Consequently, the stakeholder can no longer file a lawsuit.

Conditions of the Right of Legal Pre-emption (Right of First Refusal)

The right of legal pre-emption does not arise in every situation. Primarily, certain conditions must be met concurrently.

1. The real estate must be subject to joint ownership
2. A share sale must have occurred
3. The sale must have been made to a third party

Conversely, this right does not arise in sales made between stakeholders. Additionally, transactions such as donations are not evaluated within this scope.

Legal Nature of the Right of Legal Pre-emption

The right of legal pre-emption carries the nature of an in rem right. Furthermore, the stakeholder exercises this right only through legal proceedings.

In this process, the court excludes the buyer and transfers the share to the right holder. Thus, the ownership relationship is reorganized.

Where is the Right of Legal Pre-emption (Right of First Refusal) Seen in Practice?

This right arises particularly in the following situations in practice:

• In sales of properties with shared title deeds
• In transfers made without the knowledge of the stakeholders
• In the event of third parties entering the partnership

Therefore, these situations often create disputes among stakeholders.


Brief Summary

📌 First, joint ownership is required
📌 Then, a sale must be made to a third party
📌 Additionally, attention must be paid to the 3-month and 2-year time limits
📌 As a result, the goal is to protect the partnership structure

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Conclusion

The right of legal pre-emption protects joint ownership relationships within the scope of Article 732 of the Turkish Civil Code. Primarily, stakeholders maintain the balance over the real estate thanks to this right. Furthermore, it keeps the inclusion of third parties into the partnership under control. It is an important legal mechanism that preserves ownership. Thanks to this right, stakeholders can maintain the partnership order without losing control over the real estate.

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