An Irresolvable Problem: Acquisition of Immovable Property of Non-Muslim (Minority) Foundations

Minority (non-muslim) foundations are exceptional and quite different foundations among other foundations in Turkish law. These foundations established in the time of Ottoman Empire and acquired legal personality in 1912. It’s not possible to establish such a non-muslim foundation under the current regulations of Turkish Civil Law. However, Turkey made a commitment regarding the protection of the minorty rights with the Lausanne Treaty and for this reason, their existence were recognised by Turkish Republic. Since the establishment of Turkish Republic, regulations regarding the acquisition of immovable property of non-muslim foundations have been amended many times and those regulations have been a much-debated issue on legal and political ground. In this study, legal process of acquisition of immovable protery of non-muslim foundations and different approaches which adresses this issue are examined, and finally, some remarks are made regarding the current regulations and these foundations’ exceptional natur