Yüksek LisansAçık Erişim

Interventions brought to propety right by the law no 6306 on transformation of the areas under disaster risk

2015
0 görüntülenme
0 i̇ndirme
Danışman: Yrd. Doç. Dr. Hayriye Şen Doğramacı

Özet (EN)

The Law No 6306 on Transformation of the Areas under Disaster Risk was adopted for the purpose of preventing the losses of life occurring due to natural disasters in our country and came in to force on May 31, 2012. However said Law anticipates many interventions to property right. Property right is a constitutional right and confers the person the right of use, benefit and consume. This right is a right which is not only protected by national legislation but also protected by international agreements. Consequently what kinds of interventions are brought to property right in terms of said law constitutes the subject of this study. Examination consists of two sections and one conclusion. In the first section '' Restriction of Property Right in Decisions of European Court of Human Rights and Turkish Law'' is dealt. The restriction regime in our law is sought to be clarified under the title '' Restriction of Property Right in Turkish Law'' contained herein. The reason of this is forming the basis required for examination of the Urban Transformation Law thoroughly with in the frame of this regime. In this section also the title ''Restriction of Property Right according to European Court of Human Rights'' takes place. Thanks to the conclusion reached under this title, the restriction regime adopted in our country and the restriction regime adopted by the European Court of Human Rights'' are compared and the results in regard to law that should apply are explained. In the second section of the study initially the legal process that is foreseen for the urban transformation is introduced. Then this process is examined with regards to regime on restriction of property right.

Yazar

Alp Emre Varol

Bu Yayına Nasıl Atıf Yapılır

Alp Emre Varol (Master Thesis). Interventions brought to propety right by the law no 6306 on transformation of the areas under disaster risk, 2015, Anadolu University.

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