Right to property under the 1982 Constitution of the Republic of Turkey
2022
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Advisor: Doç. Dr. Şafak Evran Topuzkanamış
Abstract (EN)
The right to property has been significantly important for societies, states, and persons throughout history. It has been a subject within the scope of both public law and private law and has been accordingly analyzed and studied. As a part of Human Rights Law, it is regulated under Article 35 of the 1982 Constitution of the Republic of Turkey. In this study, the scope, the legal nature, and the limits of the right to property are studied and analyzed in the context of Constitutional Law. In this regard, firstly, the historical background and development of the right to property are scrutinized. The right to property, which has been regulated in various national and international legal instruments, has evolved into its current form going through different phases due to different perspectives. The decisions of the Turkish Constitutional Court about the right to individual application are crucial for the purpose of assessment of the right to property from a constitutional perspective. With the introduction of the right to individual application in Turkish Law, the volume of case law about the right to individual application has increased considerably as the right to property is the second most common right in the applications made to the Turkish Constitutional Court. Keeping this in mind, in this study, the right to property is studied in the light of the relevant articles of the 1982 Constitution of the Republic of Turkey and case law about the right to individual application. Keywords: Property, Right to Property, 1982 Constitution of the Republic of Turkey, Turkish Constitutional Court.
Author
Dr. Canan Fındık
Institution
How to Cite
Canan Fındık (Master Thesis). Right to property under the 1982 Constitution of the Republic of Turkey, 2022, Dokuz Eylül University.
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