Usufruct Right Under Turkish Law

I. WHAT IS USUFRUCT RIGHT?

The usufruct right is a right of easement (irtifak hakki) that grants the broadest utilisation authorisation among the limited real rights (aynî hak). It is regulated in detail between Articles 794 and 822 of the Turkish Civil Code numbered 4721 ('Civil Code'). When we examine the relevant provisions, usufruct right may be established on movable or immovable rights. Unless otherwise agreed by the parties, the usufructuary may fully use the subject matter of the right, as well as benefit from its natural and legal products (Civil Code, Article 794).

It should be noted that with the establishment of the usufruct right, the owner retains the intrinsic value of the property or right but allocates the benefits that can be obtained from them to a certain person.¹ The usufructuary shall be authorised to use and benefit from the movable or immovable which is subjected to usufruct but the owner of the movable or immovable which is subjected to