Right to protect common interest in co-ownership

The purpose of this thesis is to conduct research into the right to protect common interest in co-ownership, thereby creating a needed and valuable resource for practice and doctrine. The subject-matter of this thesis is to scrutinise co-owners' benefiting together from the positive results of all legal activities proceeded against third parties in attempt to acquire an undivided objective common interest in co-ownership. This subject-matter is dealt with essentially under Turkish Civil Code in relation to both shared ownership and joint ownership. First, the following topics are examined individually; (ı) even only one co-owner has the right to protect common interest, (ıı) the interest is required to be objective, (ııı) the interest shall not be capable of being divided, (ıv) the protection is required to be against third parties and (v) co-owners are to be affected only by positive results. Then, the views regarding the legal nature of right to protect common interest are evaluated and our notion that this right is a sui generis right arising from the Code is explained. Subsequently, exceptional circumstances where common interest is protected are elucidated in detail by giving as many instances as possible. Finally, this thesis is completed by the analysis of various opportunities applicable under procedural law, especially filing a court case, for the protection of common interest. It is hoped that this thesis will make a useful contribution to practice and doctrine. Key words: co-ownership, shared ownership, joint ownership. common interest.