Master'sOpen Access

The linkage to a thing among rights in rem and its provisions

2023
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Advisor: Dr. Öğr. Üyesi Kemal Atasoy

Abstract (EN)

The aim of this thesis is to study rights in rem that are linked to a thing and their provisions. The notion of right in rem that is linked to a thing is a measure to determine the holder of rights in rem. Thus the entitlement of a right in rem on an immovable of two different ones is determined by the ownership on the other one. The fact of two different immovables requires further questions. Because the quality, scope and provisions of the right of one immovable must not violate the rights of other right holders. Hence in this study the ownership, easement and real burden which are linked to a thing are discussed. These concepts are elaborated and their provisions are studied. In this regard, in case of ownership that is linked to a thing, changes on immovables as a consequence of the power of disposition performed by the owner are particularly remarked. Other than this, the provisions concerning the scope and operating of easement that are linked to a thing are investigated. In the conclusion section there exist offers for the questions in the study. During the process of writing this work there has been recoursed to decisions, opinions in doctrine and comparative law as sources. Thus it is aimed to contribute legal literature with this work by illuminating the notion of right in rem that is linked to a thing and its provisions.

Author

Hasan Oran

How to Cite

Hasan Oran (Master Thesis). The linkage to a thing among rights in rem and its provisions, 2023, Çağ University.

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