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Official Gazette Weekly Update — 28 September–4 October 2026: Annulment of the Phrase “Indefinitely” in Poverty Alimony, Real Estate Trade and the Distilled Spirit Drinks Communiqué

Resmî Gazete Haftalık Gelişmeler — 28.09–04.10.2026: Yoksulluk Nafakasında “Süresiz Olarak” İbaresinin İptali, Taşınmaz Ticareti ve Distile Alkollü İçkiler Tebliği
Authors
Uğurcan Tekinİnci ÖzçilsalBeyza ErdemirUğurcan Tekin · İnci Özçilsal · Beyza Erdemir
Published5 October 2026
Reading time12 min
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CategoryRegulatory
Published5 October 2026
Authors
Uğurcan TekinPartner
İnci ÖzçilsalAttorney at Law
Beyza ErdemirAttorney at Law
Contents01Introduction02Decisions and Legislation of the Week03Conclusion
SummaryÖzet

This legal update presents a selection of the Constitutional Court decisions, amending regulations and communiqués published in the Official Gazette issues Nos. 33384 to 33390 between 28 September 2026 and 4 October 2026. No duplicate issue was published between these dates. The update covers one annulment decision, four individual application decisions, three amendments to regulations and one communiqué.

01
Introduction

In the judicial section of the week, the Constitutional Court’s decision annulling the phrase “indefinitely” (“süresiz olarak”) in the first paragraph of Article 175 of the Turkish Civil Code (Law No. 4721) was published in the Official Gazette dated 30 September 2026. The annulment will enter into force nine months after the publication of the decision. In the same week, one individual application decision concerning freedom of expression and three concerning the right to a reasoned decision were published.

In the executive and administrative section, the Regulation on Real Estate Trade, the Regulation on the Notaries Law and the Regulation on Licensed Warehousing of Agricultural Products were amended, and the Turkish Food Codex Communiqué on Distilled Spirit Drinks (Communiqué No. 2026/18) was published. The Communiqué contains provisions on the use of geographical indications and distilled spirit drink category names in labelling and presentation. No instrument was identified in the indices of the issues covered by this update amending the legislation on industrial property, intellectual and artistic works, personal data protection, competition or broadcasting.

The Constitutional Court annulled the phrase “indefinitely” in Article 175 of the Turkish Civil Code, with effect nine months after publication; the Distilled Spirit Drinks Communiqué entered into force on 1 October 2026.
02
Decisions and Legislation of the Week
Constitutional Court: Annulment of the Phrase “Indefinitely” in Poverty Alimony

Decision Reference and the Annulled Provision

The Constitutional Court’s decision dated 4 June 2026, Docket No. 2025/156, Decision No. 2026/131 (E: 2025/156, K: 2026/131) was published in the Official Gazette dated 30 September 2026 and numbered 33386. The decision was rendered upon an application for constitutional review (objection procedure) lodged by the Antalya 12th Family Court in a divorce case. The provision under review is the phrase “indefinitely” in the first paragraph of Article 175 of Law No. 4721. The paragraph reads as follows: “The party who will fall into poverty as a result of divorce may, provided that their fault is not greater, claim maintenance indefinitely from the other party for their subsistence, in proportion to the other party’s financial means.”

The Court’s Reasoning

The Court stated that, in cases where poverty alimony is to be awarded in the form of periodic payments, the judge should be empowered to determine the duration of the alimony by taking into account factors such as the length of the marriage, the age, education and health of the spouse entitled to maintenance, and that spouse’s capacity to meet their economic needs by their own means, and that a definite and foreseeable framework should be established in this respect. The decision states that the criteria for the circumstances requiring alimony to be awarded indefinitely should be set out clearly and precisely in the provision. According to paragraph 32 of the decision, under the provision “granting the possibility to claim alimony indefinitely in all circumstances is incompatible with the State’s positive obligation arising from the individual’s right to protect and develop their material and spiritual existence.” The Court found the provision contrary to Articles 2, 5 and 17 of the Constitution.

Ruling and Date of Entry into Force

The annulment of the phrase was decided by majority vote, with Engin Yıldırım, Selahaddin Menteş and Kenan Yaşar dissenting. Yıldız Seferinoğlu concurred with the majority on different grounds. The Court considered the legal gap resulting from the annulment to be “of a nature that would harm the public interest” and decided unanimously that the annulment would enter into force nine months after the publication of the decision in the Official Gazette.

Constitutional Court: Individual Application Decisions

Dismissal over a Television Statement and Freedom of Expression

The Mehmet Güven decision of the First Section of the Constitutional Court dated 21 April 2026 (Application No. 2022/81264) was published in the Official Gazette dated 2 October 2026 and numbered 33388. The application concerns the allegation that the freedom of expression of the applicant, whose employment contract was terminated on account of statements made to a local television channel, had been violated. The applicant was employed with worker status at a metropolitan municipality company. The decision states that the regional court of appeal did not attempt to strike a balance between freedom of expression and the right to protection of honour and reputation, and “accepted, solely on the basis of an abstract assessment, that the statements in question constituted a valid reason for termination”. The Court unanimously held that freedom of expression, guaranteed under Article 26 of the Constitution, had been violated and that a copy of the decision be sent to the relevant court for retrial.

Three Decisions on the Right to a Reasoned Decision

Three decisions of the Second Section were published in the Official Gazette dated 29 September 2026 and numbered 33385. The Gülşah Kale decision dated 8 April 2026 (Application No. 2022/90210) concerns the failure, in a reinstatement action, to address substantial arguments capable of altering the outcome of the decision, despite the six-month seniority requirement having been met. The Refik Bayhan decision dated 9 April 2026 (Application No. 2022/44330) concerns the failure to address, in the decision, an argument affecting the outcome of an action brought by a partner who was the founding representative of a private company against the refusal of an application to open a special education institution. The Aydın Toksöz decision dated 8 April 2026 (Application No. 2022/104137) concerns criminal proceedings.

In all three applications, the Court held that the right to a reasoned decision, within the scope of the right to a fair trial guaranteed under Article 36 of the Constitution, had been violated and that a copy of the decision be sent to the relevant court for retrial. In all three decisions, the applicant was awarded litigation costs totalling TRY 40,664.10, consisting of TRY 664.10 in fees and TRY 40,000 in counsel’s fees. In the Refik Bayhan decision, the applicant’s compensation claims were dismissed.

Individual application decisions published during the week (Decision (App. No.) · OG date / issue · Right violated · Outcome)

  • Gülşah Kale (2022/90210) — 29 Sep 2026 / 33385 — Right to a reasoned decision (Art. 36) — Violation; retrial; TRY 40,664.10 litigation costs
  • Refik Bayhan (2022/44330) — 29 Sep 2026 / 33385 — Right to a reasoned decision (Art. 36) — Violation; retrial; compensation claims dismissed
  • Aydın Toksöz (2022/104137) — 29 Sep 2026 / 33385 — Right to a reasoned decision (Art. 36) — Violation; retrial; TRY 40,664.10 litigation costs
  • Mehmet Güven (2022/81264) — 2 Oct 2026 / 33388 — Freedom of expression (Art. 26) — Violation; retrial (unanimous)
Amendment to the Regulation on Real Estate Trade

The Ministry of Trade’s Regulation Amending the Regulation on Real Estate Trade was published in the Official Gazette dated 1 October 2026 and numbered 33387 and entered into force on the date of its publication. The amendment restructured the fifth paragraph of Additional Article 1 of the Regulation, which concerns the secure payment system, and replaced the date “1/7/2026” (1 July 2026) in the tenth paragraph of Provisional Article 1 with “1/12/2026” (1 December 2026).

The legislation provides: Under the new wording of the fifth paragraph of Additional Article 1, an integrator is authorised by the Ministry for the purposes of establishing, effectively operating and developing the secure payment system and producing statistical data and reports. The payment system is established and operated in accordance with a protocol signed between the relevant units of the Ministry and of the Ministry of Environment, Urbanisation and Climate Change and the integrator. The real estate sales to be excluded from the payment system, the requirement for a pilot implementation, the payment system usage fee and the method of sharing that fee are determined by this protocol.

Turkish Food Codex Communiqué on Distilled Spirit Drinks (Communiqué No. 2026/18)

Scope and Entry into Force

The Ministry of Agriculture and Forestry’s Communiqué was published in the Official Gazette dated 1 October 2026 and numbered 33387 and entered into force on the date of its publication. The Communiqué repealed the Turkish Food Codex Communiqué on Distilled Spirit Drinks (Communiqué No. 2016/55), published in the Official Gazette dated 21 March 2017 and numbered 30014. Article 20 of the Communiqué states that the instrument was prepared within the framework of harmonisation with European Union legislation, taking into account Regulation (EU) 2019/787 of the European Parliament and of the Council. Beers produced from malt and wine from fresh grapes fall outside the scope of the Communiqué.

Geographical Indications and Labelling

Under the second paragraph of Article 6 of the Communiqué, products registered under a geographical indication or a traditional product name are placed on the market under a product name not defined in ANNEX-1, provided that they comply with the specified product characteristics and do not contravene the provisions of the horizontal food codex.

The legislation provides: Under subparagraph (c) of the first paragraph of Article 15 of the Communiqué, no term or visual such as “similar”, “type”, “style”, “like”, “in the manner produced there”, “patent”, “aroma” or the like may be used in the labelling and presentation of a product in a manner that refers to the spirit drink category names listed in ANNEX-1, geographical indications, or internationally recognised category and cocktail names. Under subparagraph (h) of the same paragraph, the distilled spirit drink categories listed in ANNEX-1 and the geographical indications for distilled spirit drinks may not be used to describe or present any beverage other than distilled spirit drinks.

Compliance Periods and Sanctions

Under Provisional Article 1, food business operators operating before the date of publication of the Communiqué must comply with its provisions by 1 July 2027. Until they achieve compliance, these operators must comply with the provisions of the repealed Communiqué. Products placed on the market, or for which official import controls were completed, before the date of publication may remain on the market for eighteen months from the date of publication. Administrative sanctions are imposed on those acting in breach of the Communiqué under the relevant articles of Law No. 5996 on Veterinary Services, Plant Health, Food and Feed.

Amendments to the Notaries and Licensed Warehousing Regulations

Regulation on the Notaries Law

The amending regulation of the Union of Turkish Notaries was published in the Official Gazette dated 2 October 2026 and numbered 33388 and entered into force on the date of its publication. The first paragraph of Article 76 of the Regulation lists T.C. Ziraat Bankası A.Ş., Türkiye Halk Bankası A.Ş., Türkiye Vakıflar Bankası T.A.O., Ziraat Katılım Bankası A.Ş., Vakıf Katılım Bankası A.Ş. and Türkiye Emlak Katılım Bankası A.Ş. as the banks in which persons entering the notarial profession are to deposit the security sums they are required to provide under Article 38 of the Notaries Law. Subparagraphs (b), (c) and (d) of the second paragraph of Article 92 of the Regulation were amended. The new text of the subparagraphs reads: “b) For a parent, an annotated civil registry family record also showing the parent and the minor under their parental custody, c) For a guardian and a trustee, the court decision and official identity documents, d) For an heir, the certificate of inheritance and official identity documents,”

Regulation on Licensed Warehousing of Agricultural Products

The Ministry of Trade’s amending regulation was published in the Official Gazette dated 3 October 2026 and numbered 33389 and entered into force on the date of its publication. The phrase “or a change in the sums insured relating to the coverage in the policy” was added to the sixth paragraph of Article 15 of the Regulation. Under the new text of the third sentence of the first paragraph of Article 39, the Ministry is authorised to update, taking into account market conditions and local commercial needs, at different dates and rates and not more than twice a year, the warehouse entry and exit fees set out in the fee tariffs and the fee tariffs of licensed warehouse operators whose field of activity is other than cereals, pulses and oilseeds.

Other Publications of the Week

The Decision on the Redetermination of the Special Consumption Tax Amounts Applied to Certain Goods (Decision No. 11822) was published in the Official Gazette dated 1 October 2026. The Official Gazette dated 30 September 2026 contained the Constitutional Court’s decision dated 8 September 2026, Docket No. 2026/57, Decision No. 2026/198 (E: 2026/57, K: 2026/198) concerning the 2024 Central Government Budget Law, and the Official Gazette dated 3 October 2026 contained the decision granting NXT Elektronik Para ve Ödeme Hizmetleri A.Ş. permission to operate as an electronic money institution. The content of these three publications is not separately examined in this update.

Publications of the week (28 September – 4 October 2026) (OG date / issue · Decision / instrument · Outcome / entry into force)

  • 29 Sep 2026 / 33385 — Constitutional Court Second Section: three individual applications — Violation of right to reasoned decision; retrial
  • 30 Sep 2026 / 33386 — Constitutional Court E: 2025/156, K: 2026/131 (Civil Code Art. 175/1) — “Indefinitely” annulled; effective nine months after publication
  • 30 Sep 2026 — Constitutional Court E: 2026/57, K: 2026/198 (2024 Budget Law) — Not separately examined in this update
  • 1 Oct 2026 / 33387 — Amendment to the Regulation on Real Estate Trade — Effective on publication; provisional article date 1/12/2026
  • 1 Oct 2026 / 33387 — Distilled Spirit Drinks Communiqué (No. 2026/18) — Effective on publication; compliance date 1/7/2027
  • 1 Oct 2026 — Special Consumption Tax amounts decision (No. 11822) — Not separately examined in this update
  • 2 Oct 2026 / 33388 — Constitutional Court First Section: Mehmet Güven (2022/81264) — Violation of freedom of expression; retrial
  • 2 Oct 2026 / 33388 — Amendment to the Regulation on the Notaries Law — Effective on publication
  • 3 Oct 2026 / 33389 — Amendment to the Licensed Warehousing Regulation — Effective on publication
  • 3 Oct 2026 — Operating permission for NXT Elektronik Para ve Ödeme Hizmetleri A.Ş. — Not separately examined in this update
03
Conclusion

In the week of 28 September 2026 – 4 October 2026, the Constitutional Court’s decision E: 2025/156, K: 2026/131 annulling the phrase “indefinitely” in the first paragraph of Article 175 of Law No. 4721 was published. The annulment will enter into force nine months after the publication dated 30 September 2026. In the Court’s individual application decisions published in the same week, a violation of freedom of expression was found in one application and a violation of the right to a reasoned decision in three applications.

In the Regulation on Real Estate Trade, the paragraph on the secure payment system was restructured and the date in the tenth paragraph of Provisional Article 1 was changed to 1 December 2026 (1/12/2026). The Turkish Food Codex Communiqué on Distilled Spirit Drinks (Communiqué No. 2026/18) entered into force on 1 October 2026, and the compliance date for existing food business operators was set as 1 July 2027 (1/7/2027). In the Regulation on the Notaries Law, the banks in which security sums are to be deposited and three subparagraphs of the second paragraph of Article 92 were amended; in the Regulation on Licensed Warehousing of Agricultural Products, the provisions on insurance and fee tariffs were amended.

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Uğurcan TekinPartnerİnci ÖzçilsalAttorney at LawBeyza ErdemirAttorney at Law
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