NEWSLETTER-2017

261 LAW OF OBLIGATIONS The special lien may also be applied to items that are owned by the sublessee. On the other hand, if any third party claims that he or she owns the movable properties that are subject to the special lien, such third party shall have to evidence that the relevant items are owned by him or her; however, such evidence shall not be wholly satisfac- tory. In order for the action for replevin to be accepted, the third party must claim (evidence) that the creditor lessor knows, or should have known, that the movable property that is subject to the special lien, is not owned by the lessee. Protective provisions in relation to the items that are subject to the special lien also exist. As per the TCO, Art. 338/2, if the items subject to the retention decision are removed secretly or by force, such items may, with police assistance, be brought back onto the leased immov- able property within ten days of their removal. As per Art. 271/1 of the EBL, any item subject to the special lien that is removed secretly, or by force, must be returned to the leased immovable property within ten days of its removal, as per the order of the bailiff’s office and by the municipal police. Conclusion The special lien granted to the lessor aims to secure the rent ow- ing from the lease agreement, and to ensure that the lessor obtains such receivable in a relatively secure manner. The special lien is a specific regulation in terms of the movable pledge, as set out under the Turkish Code of Obligations, and exercised within the scope of the provisions of the Enforcement and Bankruptcy Law. The lessor may request the creation of a special lien over the movable properties on the leased im- movable property as security for rent for the past year and the current six-month period and, accordingly, the collection of such receivable by commencing an enforcement proceeding by way of foreclosure of collateral.