Art Law 2024

Passing of titleWhen does ownership of art, antiques and collectibles pass from seller to buyer?>>🔗

In principle, the transfer of possession of art, antiques and collectibles to the buyer is required for the ownership to pass from seller to buyer (article 210 of Turkey Code No. 6098/2011; article 763 of Turkey Code No. 4721/2001). Regarding art, antiques and collectibles sold at an auction, ‘the person who buys a movable good at an auction acquires its ownership at the time of the auction’ (article 279 of Turkey Code No. 6098/2011).

Furthermore, the parties may agree to reserve the ownership of the art, antiques and collectibles subject to the sale, despite delivery to the buyer, where it is agreed that the ownership will remain with the seller and pass to the buyer only upon full payment of the price. The agreement must be registered in the special registry of the notary public in the place of residence of the buyer for the reservation of ownership to be valid (article 764 of Turkey Code No. 4721/2001).

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