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Usage of public assets in Administrative Law

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2011
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Abstract (EN)

Since public assets are in a different catogory compared to assets in the context of private law, usages of this kind of assets have special importance. Public assets are subject to a different legal status due to their exclusive characterictics relavant to their types.The usage of public assets by the public may differ according to the type of the asset used. Everyone may use some assets whereas only persons having a specific status may use others. The usage may be realized by anonymous, private and private exceptional usage.Whilst anonymous usage takes place freely on equal basis and is costless; private usage of public assets is subject to permission, has cost and temporary characteristics, on the contrary. Although private usage procedure takes place in conformity with the allocation aim, in the direction of the allocation; private exceptional usage is in accordance with allocation, in conformity with allocation but not in scope of the necessities of allocation.Private and exceptional usages do not constitute the results of the freedoms provided by political and general rights of a person, not emerging from the natural characteristics of a public asset or allocation course, contrary to anonymous usages. Therefore, a private and personal legal situation are formed on public assets. Due to this situation, the person has a special interest on these assets.To prevent conflicts, although there are public assets regulated in some special acts, they are not enough. In this context, a framework act should be prepared about the public assets and usages of public assets. In this framework act, definitions should be present and identifications together with procedures for usage with regard to public assets should be regulated. The judicial organs should give direction to practice within the scope of legal regulations in accordance with the public interest and aims of public assets theory. Doctrinary studies should be intensified in the field to contribute to the development of the theory.

Author

Refik Kiraz

How to Cite

Refik Kiraz (Master Thesis). Usage of public assets in Administrative Law, 2011, Dokuz Eylül University.

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