An Overview of Inheritance of Agricultural Land in Turkish Law

Daver, Hilal and Bingöl, Ufuk and Aybas, Meryem and Cerev, Gökçe and Sariipek, Doğa Başar (2025) An Overview of Inheritance of Agricultural Land in Turkish Law. AGRÁR- ÉS KÖRNYEZETJOG / JOURNAL OF AGRICULTURAL AND ENVIRONMENTAL LAW, 20 (39). pp. 345-364. ISSN 3058-0447

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Abstract

Agricultural land in Turkey has been fragmented as a result of the application of equal inheritance rules. It has adversely affected productivity and the sustainability of the rural sector. As such, Law No. 5403 introduced a compulsory transfer system that showed a preference for single-heir succession. The current research assesses the legal and constitutional basis for this reform, especially regarding conformity with Articles 13, 35, and 44 of the Turkish Constitution and as understood within European inheritance practices influenced by the Common Agricultural Policy (CAP). The system aligns with international standards and therefore serves a legitimate public interest; however, it raises concerns of social justice for women and the non-inheriting heirs. The study reaches the conclusion that the legal reform alone is insufficient without implementing complementary social policies to either ensure that land consolidation ensues or that equitable rural development takes place.

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