I. Introduction

In the aviation sector, the high economic value of aircraft—together with the need to ensure ownership security and flight safety—has made it necessary to subject the processes of purchasing, selling, and registering these aircraft to strict legal regulations. The purchase, sale, and transfer of aircraft ownership lie at the intersection of the provisions of the Turkish Civil Aviation Law No. 2920 (TSHK), global international security regimes such as the Cape Town Convention, and the administrative registration procedures conducted by the Directorate General of Civil Aviation (SHGM).

This article systematically examines the legal nature of aircraft sale contracts, the legal consequences of registration for the parties and third parties, the regime governing ownership and accessories, as well as the procedures for registration, provisional registration, and deregistration within the Turkish Aircraft Registry.

II. Aircraft Sale Agreement and Its Legal Nature

A. Legal Nature of Aircraft and Priority Provisions

Pursuant to Article 65 of the Turkish Civil Aviation Law No. 2920 (TSHK), unless otherwise provided, aircraft are subject to the provisions governing movable (personal) property. However, due to special statutory provisions and the nature of the registration regime, they hold the status of “registered movables” (sicile kayıtlı taşınır).

In disputes concerning the sale or transfer of an aircraft, where a conflict arises between Turkish domestic laws and the Cape Town Convention (Convention on International Interests in Mobile Equipment) containing differing provisions on the same subject, the provisions of the Cape Town Convention and its Protocol shall prevail and be applied as the primary law [1].

B. Form and Validity Requirements of the Aircraft Sale Agreement

Pursuant to Article 66(1) of the Turkish Civil Aviation Law (TSHK), the establishment, transfer, and assignment of ownership and other rights in rem over an aircraft in whole or in part shall be executed by a written agreement. Agreements regarding the assignment shall not be legally valid unless executed in writing. The form required by the Law is simple written form (adî yazılı şekil), rather than official form [2].

Unless the sale agreement is registered in the aircraft registry, it shall not produce legal effects with respect to third parties. The agreement becomes legally valid as an obligation-creating transaction from the moment it is signed between the parties. Therefore, with respect to the obligatory relationship between the parties and the transfer of ownership, registration is not a rights-creating (constitutive) element, but a declaratory (bildirici) transaction that confirms the existing legal situation. The agreement can only be asserted against persons other than the parties and produce legal effects (consequences) with respect to them upon registration in the registry. As long as registration does not take place, third parties are not legally affected by this agreement and the rights it confers. Consequently, registration carries a constitutive (ihdasî) character regarding the arising of the right against third parties and gaining a binding effect on them [3].

C. Transfer of Ownership in Aircraft Exempt from Registration, Component Parts, and Accessories Regime

1. Transfer of Ownership in Aircraft Exempt from Registration

Under the general provisions of the Turkish Civil Code governing movable property, ownership of a movable asset passes, as a rule, upon the transfer of possession (delivery). Article 67 of the Turkish Civil Aviation Law (TSHK) grants flexibility to the parties in the sale of aircraft exempt from registration or shares therein. By expressly stipulating in the contract, the parties may agree that ownership shall pass to the buyer even before the actual physical delivery of the aircraft.

2. Component Parts (Bütünleyici Parça) Regime

Component parts are those which, according to local custom or the clear intention of the owner, constitute an essential element of the principal thing and cannot be separated from it without destruction, damage, or alteration of its structure. The aircraft fuselage, wings, cockpit control systems, and integrated engines are considered component parts of the aircraft. Component parts follow the legal fate of the principal thing (the aircraft). When ownership of the aircraft is transferred, ownership of its component parts is automatically and mandatorily transferred as well; they cannot be made the subject of separate ownership by another person independently of the aircraft (TSHK Art. 68).

3. Accessories (Eklenti) Regime

Accessories are independent movable goods permanently allocated to the operation, use, or preservation of the principal thing (the aircraft), between which a relationship of possession or use is established. Aircraft technical logbooks, airworthiness and registration certificates, emergency and safety equipment, aircraft-specific spare parts, and removable specialized cabin fittings qualify as accessories. Accessories are legally independent of the principal thing; however, unless explicitly agreed otherwise in the sale agreement or transfer protocol, the sale and transfer of ownership of the aircraft includes its accessories. For the seller to exclude accessories from the scope of transfer, an explicit contractual provision to that effect must be included.

III. Turkish Aircraft Registry

A. Maintenance of the Registry and Organization

For the purpose of registering Turkish civil aircraft, an official registry is maintained by the Ministry of Transport and Infrastructure (Directorate General of Civil Aviation – SHGM). This registry is called the “Aircraft Registry” (Uçak Sicili) (TSHK Art. 50/1).

With respect to liabilities arising from the maintenance of the registry, the provisions of Article 917 of the Turkish Civil Code (TMK) (State liability arising from the maintenance of the land registry) shall apply by analogy to aircraft registries as well (TSHK Art. 50/2).

B. Public Nature of the Aircraft Registry

The aircraft registry is public. Persons who demonstrate a legitimate interest in the request are entitled to inspect documents belonging to the registry for the completion of an entry, pending registration procedures, and registry files. They may also obtain copies of such documents upon payment of the required fees (TSHK Art. 51).

C. Validity of Registry Entries and Protection of Good Faith

The principle of reliance on the aircraft registry is safeguarded under Article 52 of the TSHK. Acquisition of ownership, a mortgage, or any other right in rem by a person relying in good faith on an entry in the registry shall be deemed valid. Likewise, performance made to a person in whose favor a right is registered, or disposition transactions carried out by such person with third parties on the registered right, are protected. In cases where registration is required for the acquisition of a right, the date of the application for registration shall be taken as the basis for good faith.

D. Objections to Registry Entries

Objections asserting that the contents of the registry do not conform to the actual legal situation may be annotated in the registry. Such objections may be annotated on the basis of an interim injunction order or with the consent of the person whose right would be impaired as a result of the modification of the registry. In issuing an interim injunction order, proof that the right is highly likely to be endangered is not required (TSHK Art. 53).

IV. Registration Procedures in the Aircraft Registry and Provisional Registration

A. General Conditions for Registration and Status as a Turkish Civil Aircraft

In order for a civil aircraft to be registered in the Turkish Aircraft Registry, the following three conditions must be satisfied concurrently pursuant to Article 60 of the TSHK:

Nationality Requirement

The aircraft must be deemed a Turkish civil aircraft within the scope of Article 49 of the TSHK (ownership belonging to Turkish citizens, public legal entities, or companies/associations in which the administration or majority of votes belong to Turkish partners).

Prohibition of Dual Registration

The aircraft must not be registered in the registry of another country; if it is registered elsewhere, a de-registration certificate proving that the entry in that country has been canceled must be submitted.

Airworthiness

The aircraft must possess a valid airworthiness certificate issued by the Directorate General of Civil Aviation (SHGM).

B. Application for Registration, Form, and Examination

The registration procedure is initiated by the owner applying to the Ministry (SHGM) with a petition and the required supporting documents.

If an objection based on documents concerning the right of ownership or the non-fulfillment of registration conditions is raised, registration cannot be effected until the legal dispute becomes final. The application and objection are recorded in a official minute (tutanak) and preserved. An official Registration Certificate is issued and granted to aircraft that meet the conditions and complete registration (TSHK Art. 56/1).

In order to execute a registration or deregistration transaction before the SHGM, the wet-signed/official original of the sale agreement itself, a notarized Turkish translation if executed in a foreign language, and the Apostilled original alongside a notarized Turkish translation of the document demonstrating that the foreign party is authorized to sign the agreement must be submitted to the administration (SHGM Circular on Aircraft Registration Agreements, 2011/1, Arts. 5, 7).

C. Contents of the Registry and Notification of Changes

The civil aircraft registry and the registration certificate to be issued shall contain at least the following entries (TSHK Art. 57):

Aircraft Information: Manufacturer’s trade name/address, date of manufacture, serial number, type, model, and make/brand. Owner Information: Full name, address, and commercial registry details for natural persons; trade name, corporate form, headquarters, and commercial registry records for legal entities. Acquisition and Registration Details: Manner of acquisition (sale, donation, etc.) and the assigned registration mark.

When any change occurs in the registry records, the interested party is obligated to apply within 15 days at the latest to have the new status recorded in the registry and on the registration certificate.

D. Provisional Registration

Pursuant to Article 55 of the TSHK, if a civil aircraft imported into the country in accordance with the legislation is left to the Turkish State, public legal entities, Turkish citizens, or legal entities meeting the conditions in Article 49 for a period of at least six months to be operated exclusively on their behalf (e.g., in cases of long-term lease / financial lease), it may be provisionally registered in the aircraft registry.

E. Common Provisions of Registration and Nationality Marks

An aircraft registered in the Turkish Aircraft Registry acquires Turkish nationality and is required to carry Turkish nationality and registration marks (TC-…). An aircraft registered in the registry cannot be registered in the registry of another state unless its entry is canceled (TSHK Art. 58).

Provided that there are no mortgages, attachments, or similar annotations and entries concerning creditors’ rights in the aircraft registry, a registered Turkish civil aircraft may be left to foreign natural or legal entities, or to persons who do not possess the qualifications specified in Article 49, to be operated exclusively on their behalf, by the Ministry of Transport upon obtaining the opinions of the General Staff and the Ministry of Foreign Affairs. In such an event, the registration of the aircraft in the Turkish aircraft registry shall be canceled (deregistered).

V. Deregistration Procedures in the Aircraft Registry

The cancellation (deregistration) of an entry in the Turkish Aircraft Registry is executed through two primary mechanisms: “Deregistration Upon Request” and “Ex Officio Deregistration”.

A. Deregistration Upon Request and Protection of Mortgage Rights

In the event of actual or constructive total loss or total loss (loss or destruction) of a Turkish civil aircraft, the registry entry shall be canceled and the registration certificate revoked upon application by the owner (TSHK Art. 62).

Prior to the deregistration of an encumbered aircraft, the situation shall be notified ex officio to the mortgage creditors registered in the registry (or by public notice for those whose addresses are unknown). Mortgage creditors are granted a 30-day period to submit their objections. If no objection is raised or if the objection is adjudicated as unfounded by the court, the entry is canceled. Otherwise, deregistration is executed with an explicit annotation stating that the rights of the mortgage creditors are reserved (TSHK Art. 63).

B. Grounds for Ex Officio Deregistration

Pursuant to Article 61 of the TSHK, the Ministry of Transport and Infrastructure (SHGM) shall cancel the registration ex officio, without requiring an application from the owner, upon the occurrence of the following circumstances:

Loss of Turkish Civil Aircraft Status: The cessation of the qualifications required for the aircraft to be deemed a Turkish civil aircraft pursuant to Article 49 of the TSHK, or the transfer of ownership of the aircraft to a foreign national or entity lacking these qualifications. Registration in a Foreign Registry / Dual Registration: The registration of the aircraft in a foreign state registry, or the discovery that its prior registration in a foreign registry was not canceled despite being registered in the Turkish registry. Expiration of the Provisional Registration Term: The expiration of the stipulated operational term in provisional registration transactions falling under Article 55 of the TSHK.

VI. Conclusion

Under the Turkish Civil Aviation Law No. 2920, although aircraft are subject to the provisions governing movable property, they are designated the status of “registered movables” by being bound to a special registration regime. Aircraft sale agreements executed within the scope of this legal regime are subject to simple written validity form; while the legal nature of registration is declaratory (bildirici) regarding the obligatory and dispositional relationship between the parties, it carries a constitutive (ihdasî) character in terms of asserting the right against third parties and gaining binding effect in the legal realm.

When determining the scope of the sale, the component parts of the aircraft (fuselage, wings, systems, etc.) mandatorily follow the legal fate of the aircraft, whereas accessories such as technical logbooks, certificates, and specialized equipment are deemed included in the scope of the sale unless explicitly agreed otherwise in the contract.

On the other hand, due to the global and capital-intensive nature of the aviation industry, the Cape Town Convention and its Aircraft Protocol—by virtue of the reference in Article 68/A of the TSHK—hold priority of application over domestic statutory provisions. Registration with the Dublin/Ireland-based International Registry, IDERA (Irrevocable De-Registration and Export Request Authorisation) mechanisms, and conditional sale structures ensure the absolute protection of the ownership and security rights of buyers, sellers, and financiers on an international scale.

In conclusion, the registration, provisional registration, and deregistration procedures conducted before the Turkish Aircraft Registry are carried out under the supervision of the Directorate General of Civil Aviation (SHGM) in accordance with the principles of public safety, public nature of the registry, and the protection of good faith. This necessitates that aircraft purchase and sale processes be structured with a holistic and disciplined approach within the framework of both Turkish domestic law and ratified international conventions.

Bibliography

[1] Ayrıntılı Bilgi için bkz: Nuray Ekşi, “Taşınır Donanım Üzerindeki Uluslararası Teminatlar Hakkında Cape Town Konvansiyonu ve Bu Konvansiyona Ek Protokoller”, İstanbul Hukuk Mecmuası, 78 (3), 1387-1412.

[2] Ekrem Kurt, “Sivil Hava Aracı Mülkiyetinin Kazanılması, Devri ve Sona Ermesi”, Gazi Üniversitesi Hukuk Fakültesi Dergisi, C. XXI, Y. 2017, S. 2, s. 63.

[3] Serdar Hızır ve Alisher Turaev, “Türk Hukuku’nda Hava Araçları Üzerinde İpotek Tesis Edilmesi”, AÜHFD, Yıl 2008, C.57, S.3, s. 381. Ayrıca bkz: Kurt, s. 47-48, 58.