Transfer of Movable Property Ownership and Acquisition in Good Faith

Legal Article · 12 November 2026
Thomas Andreas Di Constantinople, Attorney at Law

Ownership of movable property concerns tangible things that can be moved and natural forces capable of appropriation that do not fall within immovable property ownership. Under Article 763 of the Turkish Civil Code (TMK), possession must be transferred to transfer ownership. Delivery of the thing, however, is not sufficient to establish a valid transfer of ownership in every case. The legal basis of the transfer and the transferor's authority to dispose of it must also be assessed.

When Is Good Faith Protected?

Article 988 TMK protects acquisition in good faith from an entrusted possessor subject to certain requirements. Where the owner voluntarily delivered the thing to someone else, an unauthorised transfer by that person is not governed by the same rules as theft or loss. Even if good faith is presumed, a person who failed to exercise the care required by the circumstances may be unable to rely on it.

For movable property that left the owner's possession involuntarily, Article 989 TMK permits recovery within five years where its requirements are met. If the thing was acquired in good faith at auction, in a market or from a dealer in similar goods, its return may be conditional on reimbursement of the price. Article 990 provides separate protection for money and bearer instruments. These exceptions cannot be extended to every kind of property or method of acquisition.

In a dispute, how the original owner lost possession matters as much as the identity of the person from whom the thing was acquired. The sale document, delivery relationship and circumstances of acquisition establish different facts. Relevant special provisions also apply to movables recorded in a special register or transactions subject to special formal requirements. The general rule on delivery therefore cannot be treated as a single criterion replacing these special regimes.

This article has been prepared for general legal information.