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Law of Foundations

Strategic Legal Guidance for the Preservation and Future-proofing of Historical Heritage

The law of foundations is a deep and complex area of law with its own unique dynamics, fed by Turkey's deep-rooted history. From the legal heritage of the Ottoman Empire shaped by the "millet system" and edicts to the modern laws and international treaties of the Republican era, this field requires a strategic vision and historical background beyond standard legal approaches. In particular, the property rights of community foundations have been shaped by jurisprudence and political conjuncture over the years, and have been the scene of legal struggles that need to be managed with sensitivity.
As Thomas Andreas Di Constantinople, we analyze this multi-layered structure of foundation law in depth and provide our clients with a strategic roadmap not only in legal processes, but also in the protection of historical rights and the safe transfer of institutions to the future.
Our Main Specializations in the Field of Foundations Law

In this specialized area, we offer focused services to untangle the legal knots of the past and achieve the most effective results within today's legal framework:

  • Property Rights Cases of Community Foundations:
    Starting with the 1974 case law of the Supreme Court of Appeals, one of our main areas of work is to redress the grievances caused by the systematic dispossession process. After the 1936 Declaration, we meticulously manage legal processes for the identification, return or compensation of immovable properties that were acquired through donation, bequest or purchase, but were subsequently confiscated.
  • Identification and Registration of Historical Rights:
    We identify the property rights of foundations in the light of Ottoman-era edicts, will-issues and other historical documents, and carry out the necessary legal procedures to ensure that these rights are accurately reflected in today's land registry.
  • 5737 Law No. 5737 on Foundations:
    In 2008, the new Law on Foundations came into force and we ensure that our clients benefit from the restitution and compensation opportunities provided by the new law and related legislation at the highest level. Making administrative applications, following the commission processes and filing lawsuits in administrative courts against rejected claims are at the center of our services.
  • Constitutional Court and ECHR Applications:
    In cases where domestic remedies have been exhausted or the violation of property rights continues, we defend our clients' rights at the international level by taking the process to the individual application to the Constitutional Court and the European Court of Human Rights (ECHR).
  • New Foundation Establishment and Management Consultancy:
    We provide a full range of consultancy services for the establishment of new foundations (preparation of the foundation deed, registration procedures, etc.) within the framework of the Turkish Civil Code. We also provide strategic guidance on the administrative functioning, tax obligations and legal compliance of existing foundations.
Why Thomas Andreas Di Constantinople?
Foundation law requires not only knowledge of the legislation, but also an understanding of the historical background, political dynamics and international case law. By combining the practical operational vision I have gained from my board memberships and commercial ventures in the real sector with my deep legal expertise in this field, I serve my clients not only as a lawyer but also as a strategic partner. Our goal is to strengthen the existence and mission of the institutions we represent while solving legal problems.