Sale of the Assets of a Person Under Guardianship in Turkey: The Electronic Sales Portal from 31 October 2026

A guardian or trustee may have to sell the real estate or valuable movables of a person under guardianship, for example to pay for treatment, care or debts. These sales are subject to strict rules that protect the person's assets. Law No. 7589 of 31 July 2026 amended two articles of the Turkish Civil Code (TCC) so that these sales will be carried out on an electronic sales portal. The amendment will enter into force on 31 October 2026.

1. Who are the guardianship authorities? (TCC Art. 397)

Public guardianship is exercised by the guardianship authority and the supervisory authority. The guardianship authority is the civil court of peace and the supervisory authority is the civil court of first instance. Guardians and trustees act under the supervision of these authorities.

2. Permission is required for a sale (TCC Art. 462)

A guardian cannot carry out every transaction on behalf of the person under guardianship on their own. The following in particular require the permission of the guardianship authority:

• Purchase, sale and pledge of immovables, and creation of any other right in rem over them,
• Purchase, sale, transfer and pledge of movables or other rights and assets outside the needs of ordinary management and operation,
• Bringing actions, settlement, arbitration and concordat (the power to take provisional measures in urgent cases is reserved),
• Contracts for the partition of an inheritance and the transfer of an inheritance share,
• Placing the person in a care or health institution and changing their place of residence.

For some transactions, the permission of the supervisory authority is also required after that of the guardianship authority (TCC Art. 463), for example acceptance or disclaimer of an inheritance and life annuity and care-for-life contracts.

3. The sale procedure so far

Under the text currently in force:

• Movables (Art. 440): Movables other than valuables are sold at open auction under the instruction of the guardianship authority. The judge may also order a sale by negotiation, taking into account special circumstances, the nature of the item or its low value. Items of special value to the person under guardianship or their family cannot be sold unless necessary.
• Immovables (Art. 444): A sale is possible only where the interest of the person under guardianship requires it and on the instruction of the guardianship authority. The sale is held at open auction by a person appointed by the guardianship authority, with the guardian present. The tender is completed with the approval of the guardianship authority; the approval decision must be given within ten days from the day of the auction.

4. The new regulation (Law No. 7589 Arts. 11 and 12)

• Movables: The phrase "on the electronic sales portal integrated with the National Judiciary Network Information System" has been added after the words "under the instruction" in the first sentence of the first paragraph of TCC Art. 440. Movables will therefore be sold at open auction on this portal.
• Immovables: The second paragraph of TCC Art. 444 has been changed. Under the new text, the sale is held at open auction on the electronic sales portal integrated with the National Judiciary Network Information System and the tender is completed with the approval of the guardianship authority; the approval decision must be given within ten days from the day of the auction.

The Law changed only these provisions. The rules that a sale is possible only where the interest of the person under guardianship requires it (Art. 444/1), that the judge may order a sale by negotiation for movables (Art. 440) and that the supervisory authority may exceptionally order a sale by negotiation for immovables (Art. 444/3) remain in the text. The Law does not set out the technical functioning of the electronic sales portal; how the practice will operate will become clear through the relevant regulations and announcements.

5. Entry into force and transition

• Under the Law's entry-into-force provision, these two articles will enter into force three months after publication, on 31 October 2026.
• Transitional rule: The amendments do not apply to auctions for which a sale by open auction was ordered and the announcement made before the date of entry into force; the previous provisions continue to apply to those auctions.

Points for guardians and relatives

• In a sale request, it is important to show, with reasons and documents, that the transaction is in the interest of the person under guardianship. The guardianship authority reviews this.
• Since the electronic portal will be used for sales announced after 31 October 2026, guardians and lawyers need to be familiar with how the portal operates and with rules such as deposits.
• The ten-day approval process after the auction should be followed; the tender is completed by approval.
• Items of special value to the person under guardianship or their family cannot be sold unless necessary.

This article is provided for general information purposes only and does not constitute legal advice. Legal support is recommended for specific disputes.