Önalım Hakkı - Şufa Hakkı Davası Rehberi: 2026 Yeni Rayiç Bedel Kuralı Nedir?

📌 2026 Pre-emption (Shufa) Lawsuit Guide | What is the New Market Value Rule? If you are a co-owner of a jointly owned property or have purchased a jointly owned property, this video contains critical information for you. With Law No. 7571, which came into effect on December 25, 2025, a significant change was made in pre-emption (shufa) lawsuits. Now, in lawsuits: ❗ Instead of the sale price shown in the land registry, ✅ the current market value determined by the court is taken as the basis. This change may lead to serious losses of rights or advantages for both buyers and other co-owners. --- 🎯 What will you learn in this video? ✔️ What is the right of pre-emption (shufa)? ✔️ Who can file a pre-emption lawsuit? ✔️ What does the new market value application mean? ✔️ Differences between the old and new systems ✔️ Critical points to consider when filing a lawsuit ✔️ Risks and opportunities that may be encountered in practice --- 📌 What's in the Video? (Time Stamps) 00:00 Introduction: What is the right of pre-emption (Shufa)? 00:39 Fundamental change: Law No. 7571 and Articles 733-734 of the Civil Code 01:17 The difference between legal pre-emption and contractual pre-emption 02:16 How is the right of pre-emption known in the market? Shareholders' Priority 02:45 IMPORTANT: State Tender Law and prohibition of pre-emption right in compulsory auction 03:10 Waiver of pre-emption right and the process of annotation in the land registry 03:54 Obligation to notify through a notary (New Regulation) 04:26 Special situations where the pre-emption right cannot be used (Donation, Exchange, etc.) 05:50 The Supreme Court's approach to "Donation" in sales to relatives 06:21 Can a pre-emption lawsuit be filed in case of de facto partition? 07:12 Statute of limitations: 3-month and 1-year (New) critical periods 08:33 Against whom is a pre-emption lawsuit filed? (The nature of a right that creates innovation) 09:02 NEW MARKET VALUE RULE: Market value instead of title deed price 09:40 Deposit of money, earning interest and the rule of fixed term 10:43 Past "Collusion" discussions and the impact of the new law 11:53 Criticisms of the legislator: How will the market value be calculated? 13:04 Competent and Authorized Court: Civil Court of First Instance 13:30 The Supreme Court's 7th Civil Chamber's Principle Decision and Investigation Phase 14:22 On-site Inspection and Expert Examination Process 15:30 Cancellation of Title Deed Registration and Registration in the Plaintiff's Name 16:38 Temporary Provisions: The Impact of the New Rule on Ongoing Cases 17:58 Discussions on the Right to a Fair Trial and Legal Predictability 20:36 Contractual Right of Pre-emption and the 10-Year Annotation Period 21:48 Summary: Benefits of Shortening Time Limits and the Notary Requirement 23:00 Closing and Wishes for a Happy Legal Day ⚖️ Featured Current Information: Market Value Determination: In cases filed after December 25, 2025, the price is determined according to the market value at the time of the lawsuit. Interest Earning: The amount deposited with the court is subject to interest to prevent it from losing value until the judgment becomes final. Transitional Clause Application: Even cases that are not yet finalized (at the Appeal or Supreme Court stage) may be affected by the new market value rule. ⚖️ Why is this important? With the new regulation, the era of showing low-valued title deeds is effectively ending. This changes the rules of the game, especially for investors and buyers of jointly owned real estate. --- 📞 For legal support: As Tahancı Law Office, we offer professional support in the field of pre-emption (right of first refusal) cases and real estate law. --- 🔔 Don't forget to subscribe to our channel and turn on notifications! 👍 Don't forget to like the video if you found it helpful. --- ⚠️ This video is for general informational purposes only. For specific cases, professional legal advice should definitely be sought.