Property rights in European Union law and Turkish Constitutional law

The aim of this study is to deal with the right for property in a chronological order on the basis of both international law and national law legislation. Throughout human history, the concept of property has been expressed in various ways by lawyers, philosophers and clergy. As a matter of fact, after the French Revolution of 1789, the right of property was also affected by the regulations on fundamental rights and freedoms. Today, most of the member states of the European Union and the Council of Europe have adopted the right of property as a fundamental right that must be protected in the field of international law under Protocol No. 1 to the ECHR Annex. In addition, the application of the rules of the right for property is ensured by various courts, in particular the ECHR and the ECHR. In Turkish law, the definition of the right for property has differed considerably in the historical process according to the sociology of society, especially religious belief. As a matter of fact, today it has been regulated as a fundamental right granted to individuals within the framework of various national legislations, especially Article 35 of the 1982 Constitution. The right of property has been examined by taking into consideration the meanings it expresses in the philosophical sense, especially on the basis of European Union Law and Turkish Constitutional Law. The provisions on the right of property in the national legislation of the various states that are members of the European Union have also been discussed in accordance with the scope of the study. In accordance with the subject of the study, the decisions of the ECHR, the ECJ and the Court of Human Rights regarding the right to property regarding the disputes that came before them are included in the thesis. Keywords: Right of Property, European Union Law, Constitutional Law, Protocol No. 1 to the ECHR.