Türk-Alman Üniversitesi Hukuk Fakültesi Dergisi

Yazarlar: Esra ASLAN

Konular:Hukuk

Anahtar Kelimeler:Sınırlı aynî hak,Kişisel hak,Kamulaştırma,Kamulaştırma bedeli

Özet: The expropriation process has certain effects in regard to other rights as well as the existing property right on the immovable. The effect of expropriation on limited real rights and relative rights forms the basis of this study. Since the legislator did not sufficiently regulate the situation of other rights as a result of the expropriation and the doctrine did not pay required attention to this issue, the issue was shaped within the framework of court decisions. In terms of limited real rights, the right terminates with the expropriation but in regard to some other rights, it is observed that the right continues over the expropriation price. When it comes to relative rights, although the expropriation process terminates the relative right, it is necessary to make a claim against the immovable owner, who is the beneficiary of the relative right. The involvement of the relevant right owner in the process, where the administration tries to negotiate with the owner before expropriation, what will be the fate of the relevant right in the expropriation through barter, and which right holder can participate the case of cancellation of the expropriation, case of price determination and registration were also examined in terms of each right.

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