A- FOUNDATIONS ESTABLISHED BEFORE TURKISH CIVIL CODE
1- In Terms of Natures
a) Charitable Foundations
b) Descent Foundations (A foundation type is that those who descend from founder's offspring benefit from it.)
2- In Terms of Possessions
a) Real (Sahih) Foundations
b) Non Real (Sahih olmayan) Foundations
3- In Terms of Managements
a) Fused Foundations
b) Annexed Foundations
c) Foundation Which Are Special to Community and Tradesmen
4- In Terms of Usage Form
1. Foundations with İcare-i Vahide (İcare-i Vahideli Vakiflar): It comes to mean foundations which are leased out for a given value or period.
1a) Charitable Foundations: It comes to mean a foundation whose income is completely and partly allocated for several charity conditions and services. They are separated into two parts according to their usage forms:
1aa) They are institutions that community correctly benefits from them. As school and mosque.
1ab) They are institutions whose income is used from other people. For example real estates etc.
1b) Descent Foundations: It comes to mean a foundation which doesn't stipulate any charity condition and whose income is completely allocated founder's children. In the case of absence of bloodline they may be allocated to a beneficial service.
2. Foundations with İcare-i Vahide-i Kademe (İcare-i Vahide-i Kademeli Vakiflar): In event that a determined rental is permanently given, if it is not taken from lessee without paying and in case of death of lessee if right of renting devolves to its successors, such foundations are called as İcare-İ Vahide-İ Kademeli Vakıflar and this application is abolished in Republic period.
2a) Real (Sahih) Foundations: It comes to mean a foundation possession of whose all and any real estates belong to foundation's real entity. In such foundations dedicated movables and real estates comprise assets of foundation. If land indicated in Article 2 of Land Law is dedicated, it is called as real sahih foundation. But as specified in Article 2 of Land Law, its rakabe (bare ownership) and all right of disposition belong to legal entity of the foundation. Such foundations are not applied provisions of Land Law.
2b) Non Real (Sahih Olmayan) Foundations: It comes to mean a foundation that is established on land of state by Head of State or through his permission.
If usufruct of a land which is deemed as Miri (belonging to state) land such as aşar or duty is dedicated, it is called as non real (sahih olmayan) foundation. In this circumstance rakabe (bare ownership ) of the land belongs to state. The reason why it is called as foundation is due to becoming permanent allocation. Also they are called as '' Foundation Due To Allocation '' or '' İrşadi Vakıf ''. There is detailed information in this subject in article 4 of Land Law and in article 137 of Ahkamül Evkaf (Provisions Related with Foundations). In non real (sahih olmayan) foundation, bare ownership (rakabe) of the real estate belongs to state and;
- It is a land whose only aşar and duty are dedicated and allocated by Sultan for a service.
- It is a land whose only legal transaction right is dedicated and allocated by Sultan for a service.
- It is a land whose both legal transaction right and aşar and duty are dedicated and allocated by Sultan for a service.
Land Law rules are applied only for first part excluding other two parts. Since legal transaction right belongs to foundation in other two parts, Land Law rules are not applied for them.
Information regarding non real (sahih olmayan) foundation will further be given in real estates sections which are subject to concession.
B) FOUNDATIONS ESTABLISHED AS PER TURKISH CIVIL CODE
As per this act, all of an estate or its all and any incomes that is unrealized or will not realized or its rights that have economic value may be devoted.
As per Turkish Civil Code if a person request to establish a foundation, he/she arranges an official bond by means of application to a notary public. Following subjects are taken place in this bond issued ex officio by notary public:
1- Purpose of foundation
2- Bodies of foundation( its management, board of audition)
3- Estates and rights of foundation allocated for this purpose,
4- Organization of foundation (Person / persons who will conduct the foundation)
5- Resident address and name of foundation.