Akademik Veri Yönetim Sistemi
The 13th International Scientific Research Congress, 11 - 12 Mart 2022, ss.78-79
The
Foundation is one of the most developed and most social institutions in the
Turkish Legal System. The Turkish Legal System has granted legal personality to
the foundations, which are formed as a result of the allocation of a property
and right in accordance with the form determined in the laws in order to create
a new subject of rights, independently of the rights and properties that
constitute them. Thus, Foundations have taken their place in the Turkish Legal
System as a legal person with legal rights and powers. Foundations, which are a
type of legal entity, are defined in Article 101 of the Turkish Civil Code No.
4721; "It is a collection of goods with legal personality formed by real
or legal persons assigning sufficient goods and rights to a certain and
permanent purpose." defined as. It is possible for foundations to acquire
property only if the foundation fulfills the conditions of establishment.
Turkish Civil Code No. 4721 m. According to 105/1, "The ownership of the
reserved goods and the rights pass to the foundation upon the acquisition of
the legal entity". In this context, the foundation conditions are analyzed
by dividing into two as 1- Material Conditions and 2- Formal Conditions. Material
and Formal Conditions are divided into separate headings within themselves.
Material Conditions TMK m. 101 within the scope of "Property
Element", TMK art. 101 within the scope of "Objective of
Purpose", TMK art. "Aspect of Specificity" in 684, 686, 779-793;
Form Conditions are TMK. m. "Foundation Establishment Process" in the
sense of 102/II, 106, 107, TMK. m. 15, 449, 342/III, 102/II, 502 meaning
"The License of the Foundation" and TMK. m. It should be evaluated
under the titles of "Registration" in the sense of 102, 103, 104,
105, 108.