NEWSLETTER-2017

256 NEWSLETTER 2017 of a profession or artifice by himself or that of his spouse or children, after 6 months an eviction action could be filed on the condition of notifying the lessor with circumstantial notification in a one month period after the date of acquisition, (Art 7/b/d) the new owner who does not so notify within the designated period would become a party to the contract. Regulations Brought by TCC numbered 6098 As mentioned above, TCO Article 310 and the following articles include new regulations. Firstly, According to TCOArticle 310, a new owner becomes a party to the lease contract upon the transfer of the leased property for any reason. In terms of the execution of the provi- sion, the transfer of the leased property by sale is not obligatory, so long as it is transferred in a valid way, persons who gain ownership with different legal reasons can also become a party to the lease con- tract. On the other hand, full successors of the legator cannot be party to the lease contract under TCO Article 310. At this point, TCO Article 311 should be taken into account. This regulation brings with it a vital novelty, such that when a third party gains a right in rem that affects the right of the lessee after formation of the contract, provisions regarding handover of the leased property will be applied by comparison. Right of building and right of usufruct are examples of such rights. Due to TCO Article 310, with the transfer of the leased property to the third party, all the rights and obligations are transferred to the new owner. This way of transfer of the lease contract is connected to transfer of the property by law and, thus, occurs automatically. Atten- tion should be paid to the fact that only transfer of a lease contract is in question here; none of the other obligations of the lessee to the lessor transfers to the new owner. Because of the automatic transfer of the lease contract due to legal regulation –legal transfer- transfers based on TCO Article 310, differentiate from the transfer of contracts that require stipulation of a transfer agreement, or a court order that creates a novelty right.