Sosyo ekonomik ve çevresel etkileri ile yabancı uyruklu gerçek ve tüzel kişilerin Türkiye'de mülk edinmesi ?riskler ve fırsatlar?
Özet
The world has scened vertiginous technological improvements for about the last half century. The speed of the technological improvement every minute passing by gives rise to the countries? clearance growing out of history as well as becoming close to each other from socio-cultural and political respects. The national intensity experienced thorough socio-economical and commercial relations urge the governments to make up a new law in the field of nationality law. The arrangement that leads to foreign national legal and national entities? owning a property is a result of these developments. In its own geographical state, the parliamentarian regime, Turkey has its own place in history for socio-economical and cultural values. However, the step taken for the arrangement and practice for the foreign nationals growing with global developments to acquire a property has been maintained with national liberation struggle from all aspects in the country. And still, for the sake of country?s unitary integrity, Turkey sends off mantries every day, like some of the EU member countries that were exposed to many invasions in the nearest past. And sometimes has lost its liberty and starting from their neighbours who are involved in some past animosities has scened many fierce arguments and led to the rise of anxiety and dismay. In that manner, that is in the focus of the arguments in another country owning real property is reminiscent of ?invasion? before all else and territory is seen as an indispensable part of the nation state and it shouldn?t be ignored that without territory the entity of the nation state cannot be mentioned.Here, the point to emphasized first is that today foreign nationals real and legal entities in the countries, the benefits and duties they provided in their own sovereignty are also the ones they confirmed on their own. Foreign nationals? real entities acquiring and using property in another country is the subject that has not been arranged with international law, and is abondened to countries? domestic law. Still, concerning the subject, multilateral global negotiations do not exist. For this reason, the reflection of the historical period and strategical locations today possessing real property in some countries is nearly impossible and in some of them, however, notice made by the concerned authority is enough to gain a property. Turkey, especially in the last few years, foreign capital and also in general foreign national?s attraction centre for its being appropriate for a privatization climate firstly the public land, in treasury? s judgements and savings. In the middle east geography, in spite of the negative growths that occurred in the middle east, the number of tourists coming to Turkey is increasing very rapidly. In an appropriate investment environment, Turkey?s economical dimanism, cheap labour force, subject entities and the cheap territory, youth potency, the existence of natural underground resources, becoming a position for the energy gate and terminal, its closeness to the rising market areas, depending on the strategic gate of the countries? position and its accessibility with the appropriate climate, natural and historical riches depending on tourism potential, allowing investments polluting the environment such as petro-chemical, cements, in combination with liberal economy leading to Turkey?s being an attraction centre from the view of foreign investments and foreign nationals? commercial enterprises. These properties and the period experienced not only led to the increase of the foreign nationals? owning a property but also to the rise of foreign investments. From the beginning of 2008, still in Turkey {except for Syrian real entities) 76 national citizens 19 619 of them are land and territory, 39 813 of them are independent part, totally the area riches to 31 752 720 m², 39 813 items? independent part total area is 5 372 610 m². After the proclamation of the republic, in the period lasting to 13.01.2008 ( except for Syrian real entities), the total of the real property possessed by foreign nation real entities reached approximately to 37 125 330 m². % 85, 43 of it is land and territory, % 14,57 of it is made up of independent sections. Also, at this stage the concentration of the demands of buying real properties are concentrated in these 10 provinces. From the date of 13. 01. 2008, the amount of the real properties maintained are highest in Antalya province. The land owned by the foreign nationals involving the independent section % 30 of all real entities exist in Antalya province. With % 14, 5 Mugla, with % 13 Istanbul With % 8,7 Aydin provinces follow Antalya province. An argumentative province in our country Van, there is 2, in Adiyaman 2, in Bingol, Batman and Artvin provinces 3, in Kars 4, in Diyarbakir 8 and in Trabzon 135 real entities ownership and provinces such as Agri, Igdir, Hakkari, Sirnak, Mus, Siirt, Ardahan, Erzincan , Kilis and Sanliurfa the fact that the real persons owning real entities depend in the arguments. In Turkey, from the proclamation of the republic till now the country leading the possession of the real entities is Syria. Except for the Syrian citizens, at this stage possessing the country the most real entities is England. The point to emphasize at this stage is about % 85 total of the first 10 country citizens that constitute Turkey?s population. Besides, all of the first 10 countries possessing real entities are members of the EU community. However, though Syrian real entities possessing real entities take the most important role, the evaluations are made without Syrian citizens. For this reason, from all the 76 countries possessing real entities, the country with the most properties is Germany with respect to the area. In Turkey, the portion of the entities possessed by German in total of 37 125 330 m² area is % 46,26. This ratio indicates that, German leads on its own almost half of the real entities that total 76 countries possess in our country. With % 13,11 English, % 9,44 Australian and % 7,84 Greece follow Germans. The point to emphasize at this stage is that in our country the real entity possessors in the first four lines are Germany, England, Austria, and Greek national entities possessing real entities in overall Turkey correspond to about % 80 percentage of the real property field that total 72 country citizens possess.To make changes in the 5444 numbered title law still being in execution, in the scope of the chief?s judgements, foreign national entities, above all, mutually and provided that they obey the lawful restrictions and as practical or an abode in roads and utilities plans or in regional roads and utilities plans, they can leave for these aims and maintain the registered entities. Today in our country, firstly the touristic coastal cities besides foreign national entities and legal entities, their potency is also rising rapidly. Precisely, in the regions where the foreign nationals settle in close cooperation with Turkish society they are living with the public foundations and enterprises that present public services, meanwhile they have multi-lateral socio-economical and socio-cultural relationships, and as a result of these relations they have in the social and physical environment they live, they sometimes affect their environment directly or indirectly. Although abroad fire raising and attacks towards Turks like racism and unfriendly acts are experienced , not only within the realm but also out of the country, against the separatist terror that threatens Turkey?s unitary integrity, a struggle is continued to be given in today one of the regions that foreign national real entities live densely. In Alanya, the results of the survey made between 1305 to the people confirm this belief. Although 8 of the 10 people that take part opposing the sale of the possessions, in general survey were results, living together has many to positive reflections .The properties possessed by Germans in our country has the most place in possessing real entities, because evaluations made like urbanization to protection and development of the environment and maintaining a viable environment and living conditions. And likewise, together with transferring to the resident life in rapid adaptation period, it reveals the fact that every module where necessary can be a defender of Turkey and can be a representative of a second diplomatical channel. However, for this reason before anything else the conventions and enterprises concerning the government has long-term strategies and politics and according to the strategic interests, these politics have to be earnestly put into practice. However, without shadow of doubt, as the major nations do, because of the synergy as that came out of living together, the country will get most out of it and all people living in this country will share the despair and pleasure. Just so, in this subject, we should believe ourselves but more important than this, we should improve a planned-programmed strategy to make it out. Without any doubt, foreign national real and legal entities possessing property practice, there are negative growths that justify the anxiety and dismay that exist in most of the society. However, the fact that foreign nationals are not the cause, but the ones who has the responsibility and duty during the practice to claim. Of course, Turkey will have precautions to avoid the negativities of the practice. However, in the global world, it shouldn?t be thought that Turkey will not retire into itself considering itself abstractly from the global world. In the threshold of a world full of advantages, our countries? destiny will get out of the globalization?s suffocating atmosphere and will be impressive on the globalization period. Because today?s super powers quite benefit from the strategy ` think globally, move locally?. On the other hand, today, the governments back out of the classical view of that land property and sovereignty rights are complementary according to the needs of the country?s interests. Also, according to the foreigner?s law, they back out the view that reciprocity principle is an indispensable element. Moreover, governments with variety of negotiations can change this principle according to the interests and it shouldn?t be ignored that every economy accepts variety of systems taking their own economical , social and private situations into consideration.Turkey shouldn?t stay in between the delicate balances of personal property ownership and integrity of the homeland and should remember that it should establish and carry on relations according to the nation?s interests. However, during this period, taking the nation?s facts into considerations, foreign national? real and legal entities? owning a property should be evaluated seriously as an indispensable part of the national interests. In this context, while examining the present juridicial system, they should make healthy acknowledgements and guidance to the public and should put into practice a consistent strategy that will implement the long-term national and international goals of the country.