Regarding the Law on the Amendment of the Notary Law and Some Other Laws Published in the Official Gazette Dated November 27, 2024

Published in the Official Gazette dated November 27, 2024, numbered 32735, the “Law on Amendments to the Notary Law and Certain Other Laws” has introduced changes to numerous laws, primarily including the Turkish Civil Code (“TMK”) and the Criminal Procedure Code (“CMK”). Particularly, the amendments made to the TMK stand out as they have been structured within the framework of annulment decisions previously given by the Constitutional Court. Other amendments have also brought significant regulations to various areas of Turkish law.

The principal changes made to the relevant laws are summarized below:

Amendments to the TMK

| Changed Provision | Previous Version | New Version |
| --- | --- | --- |
| Article 27, Paragraph 2 of the Turkish Civil Code (TMK) | 2. Changing the Name Article 27-(1) The change of name can only be requested from the judge based on justifiable reasons. (2) The change of name is registered in the population registry and announced. (3) Changing the name does not change personal status. | 2. Changing the Name Article 27-(1) The change of name can only be requested from the judge based on justifiable reasons. (2) The change of name is registered in the population registry and announced on the Press Announcement Agency's announcement portal. The announcement includes: the court that issued the ruling, the date of the decision, the case number and decision number, the person's place of registration, date of birth, the names of the mother and father, the previous name and surname, and the new name and surname granted by the court decision. (3) Changing the name does not change personal status. |
| Article 166, Paragraph 4 of the Turkish Civil Code (TMK) | VI. Disruption of the Marriage Union Article 166-(1) … (2) … (3) … (4) If a divorce case has been rejected for any reason, and three years have passed from the date the decision became final, and if the common life has not been reestablished for any reason, the marriage union is considered fundamentally disrupted, and upon the request of either spouse, the court will decide on divorce. | VI. Disruption of the Marriage Union Article 166-(1) … (2) … (3) … (4) If a divorce case has been rejected for any reason, and one year has passed from the date the decision became final, and if the common life has not been reestablished for any reason, the marriage union is considered fundamentally disrupted, and upon the request of either spouse, the court will decide on divorce

Within the scope of the amendments to the TMK, it has been stipulated that changes in names will be recorded in the population registry and announced on the Press Announcement Agency portal. These announcements will include the name and surname information altered by court decision.

Furthermore, if a divorce case opened for any reason is dismissed, the period for making a decision on divorce upon the request of one of the parties has been reduced from three years to one year.

Amendments to the CMK

| Changed Provision | Previous Version | New Version |
| --- | --- | --- |
| Article 226, Paragraph 4 of the Criminal Procedure Code (CMK) | Change in the Nature of the Crime Article 226-(1) … (2) … (3) … (4) Notifications written in the above paragraphs are made to the defense attorney, if any. The defense attorney enjoys the rights granted to the defendant in the same way. | Change in the Nature of the Crime Article 226-(1) … (2) … (3) … (4) Notifications written in the above paragraphs are made to the defendant and, if any, to the defense attorney. The defense attorney enjoys the rights granted to the defendant in the same way. If a notification is not made to the defendant’s last known address or if the defendant does not attend the hearing despite the notification, the notifications made to the defense attorney are considered sufficient. |
| Article 236 of the Criminal Procedure Code (CMK) - New Paragraph 9 Added | - | (9) The centers referred to in the fifth and sixth paragraphs may also be established by state universities

With the amendments to the CMK, it has been regulated that, in the event of a change in the nature of the crime, notifications regarding additional defense rights must be made to the accused in addition to their defense counsel.

Under the same amendment, state universities have been authorized to establish children's monitoring centers. Children's monitoring centers are institutions created to prevent child victims, primarily of sexual abuse crimes, from being re-victimized during judicial proceedings.

Amendments to Other Laws

In addition to the changes made in the TMK and CMK, with Law No. 7532;

·        Attorneyship Law,

·        Notary Law,

·        Council of State Law,

·        Law of the Court of Cassation,

·        Law on Judges and Prosecutors,

·        Court of Accounts Law,

·        Law on the Establishment, Duties, and Powers of First Instance Courts and Regional Courts of Justice, and

·        Law on the Execution of Penalties and Security Measures have undergone changes.

With the amendments to the Law on the Execution of Penalties and Security Measures, the educational opportunities for convicts in penal institutions have been expanded, and the conditions for participation in both open and formal education programs have been eased.

Amendments to the Attorneyship Law have regulated that civil servants working in public institutions can undertake attorney training on unpaid or unpaid leave while preserving their duty positions and can use annual leave upon request. It has been decreed that contracted personnel can benefit from these rights after transitioning to civil servant status, with procedures and principles determined by presidential regulation.

With the amendments to the Notary Law, the working principles and fee regulations for notaries have been redefined, and it has been prescribed that a transaction fee will be charged for the sharing of registry information.