NEWSLETTER-2017

258 NEWSLETTER 2017 Special Lien in Favour of the Lessor* Att. Alper Uzun Introduction The fact that a Lessor must make immovable properties available to the lessee if the rent is upaid required a special protective right in favour of the lessor, and the ability to secure the rent, and to securely obtain such receivable, is recognized. A pledge means the real right established over a movable or im- movable property in order to secure the obligation of the debtor. A Special Lien also sets an example for movable pledges. Within the scope of a special lien as set out under Article 950, and the following articles of the Turkish Civil Code, the creditor has the right to retain the movable properties and securities that have come into his or her possession with the debtor’s consent, until his or her claim has been satisfied, providing such claim is due and is intrinsically connected with the retained objects. If the obligation is unfulfilled, or sufficient security is not provided, the creditor may request the liquidation of the properties retained by him or her by serving a prior written notice to the debtor. Within the scope of the above-stated general special lien, a spe- cific lien in favour of the lessor is set out under the lease agreement section of the Turkish Code of Obligations (“TCO”) with respect to rents. Thus, a legal special lien that may be enforced against the seiz- able movable properties of the lessee in favour of the lessor is recog- nized as a security for the rent that is owed. Notwithstanding the fact that disputes arise on a daily basis from immovable property leases, the practise of special liens is not encoun- tered at the same frequency. How special liens are set out under the * Article of April 2017