NON-REGISTERED LEGAL MORTGAGES ACCORDING TO THE TURKISH CIVIL CODE

The mortgage, which is a kind of collateral security, is occasionally based on a legal provision. If a mortgage arising from a law does not also require a registration request, it is named as a mortgage arising directly from the law, i.e. a non-registered legal mortgage. In this study, non-registered legal mortgages that originate from the provisions of the Turkish Civil Code shall be examined. The rules related such legal mortgages are regulated by articles 865-867 and article 876 of the Turkish Civil Code. Articles 865-867 have granted a non-registered mortgage right as an assurance of costs incurred to prevent or eliminate the value decrement of pledged immovable property. In contrast, in article 876, the obligatory expenses incurred by the pledgee in order to protect the pledged immovable and in particular to pay the insurance fees to the account of the pledged immovable owner, are collateralized by a non-registered legal mortgage.