Mesne profits

Mesne profits can be defined as a price for usage duration of a movable or immovable property without the consent of the rightful owner by a faulty possessor. This institution is regulated by the codes of public law, but it is not regulated as a provision of a code in private law. Therefore in our applicaiton this institution has been directed by landmark decisions. At the conclusion of these court decisions, this price is evaluated as a tort. Although the qualification of tort our jurisprudences except this provisions, has accepted that another provisions must be applied. In our jurisprudences, tort, return of faulty possession and lease provisions must be applied together for mesne profits. However this practice is criticized because of being improper to fulfill the mesne profit demands. Therefore the arguments put forward by the doctrine about mesne profits also are taken place. For a better understanding of mesne profits which has a large place in practice, our subject is also discussed in the extent of Ottoman Code of Civil Law and Anglo – Saxon legal terms. After these evaluations, the requirements of mesne profits which are sought by the application has taken a place too. After the examination of substantiave law, our work has ended by our subject dealt with procedural law.