Türkiye Adalet Akademisi Dergisi

Yazarlar: Murat ŞAŞI

Konular:Hukuk

Anahtar Kelimeler:Assault,Property right,Confiscating without expropriating,Jurisprudence of serious and obvious wrongful act,Branches of judiciary,Judicial justice and administrative justice.

Özet: The legal regime of assault which is called "assault/aggression/voie de fait", in Turkish law is substantially based on the decisions of the French supreme judicial authorities and French Administrative Law. The legal regime of assault have been changed by two significant decisions of the Court of Conflicts of France in 2013. Associated with Bergoend and Commune de Saint Palais sur Mer decisions, the legal regime of assault was changed radically in France. Especially there has been a significant alteration in the legal regime of the assault within the context of the right to property. Pursuant to the new jurisprudence, due to an intervention of the administration on the right to property, the serious and obvious wrongful act of implementation is conditional on the disappearance of the property. This considerably eliminates judgment by the serious and obvious wrongful act in the context of the right to property. In Turkish law, it is seen that the legal regime of assault or voie de fait is implemented consistently. In our study, the legal regime of assault, French and Turkish Courts of Conflicts dealt with comparatively.

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