Master'sOpen Access

The unjust construction

2019
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Advisor: Prof. Dr. Emrehan İnal

Abstract (EN)

The unjust construction institution which is regulated between the Art. 721 and 724 articles of Turkish Civil Code numbered 4721, is defined as a permanently constructed structure that is built by someone by using his/her own material on someone else's land, on his/her own land by using someone else's material or on someone else's land by using someone else's material without any valid legal reason, without any personal or real rights that allows it to be constructed. In our thesis; positive regulations in Turkish law related to the topic, the opinions in the doctrine and Supreme Court decisions were evaluated, while the subjects has been handled, the elements, the types of the unjust construction, the reasons causing the unjust construction, the demands of the parties, the comparison of the unjust construction with similar institutions were examined. The aim of the study is to evaluate all aspects of in which cases the structure would be considered as unjust construction and to determine the provisions to be applied to such structures. Key Words: Unjust construction, someone else's land, someone else's material, extreme damage, structure.

Author

Dr. Sedef Demirhisar

How to Cite

Sedef Demirhisar (Master Thesis). The unjust construction, 2019, İstanbul University.

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