Türk-Alman Üniversitesi Hukuk Fakültesi Dergisi

Yazarlar: Ahmet Çağrı YILDIZ

Konular:Hukuk

Anahtar Kelimeler:De jure confiscation,Judicial protection,Types of administrative legal actions,German administrative procedure law,Action for obligation

Özet: It constitutes a violation of the property right, when the real properties intended to be expropriated by development plans, however the expropriations are not executed for a long time. In this case, even though there is not any actual expropriation or confiscation, there are practical limitations in the use of the property right. Difficulties in selling the real property is an example. Various solutions have been developed by the jurisprudence in Turkey since the past, in terms of providing judicial protection against this problem. It has been named as “de jure confiscation” by the courts and the doctrine. However, an effective and noncontradictory way of judicial protection has not yet been found to solve this problem. Such judicial protection depends on the existence of appropriate procedures and types of legal actions in the administrative procedure law system. These procedures should be able to offer solutions, which are appropriate to the nature of the problem. The action for obligation, a type of legal action specific to German administrative procedure law, offers a suitable solution for de jure confiscation and legal problems of similar nature.

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