Master'sOpen Access

Legal nature of the clarity action and procedure features displayed in first degree courts

2022
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Advisor: Dr. Öğr. Üyesi Fatih Aydemir

Abstract (EN)

Property is a concept that emerged as the first result of the first step that people took to civilization. At this point, ownership has sometimes been a right and responsibility that individuals have undertaken alone and sometimes between more than one person. At this point, in every case where there is shared ownership, it is a natural right to demand the termination of this shareholding relationship. Izale-i şüyu lawsuits, also known as the lawsuits for the dissolution of partnership, are a type of lawsuit that arose for the termination and distribution of the shared property. In this respect, the litigation case, which arose with the aim of terminating the joint ownership relationship, is the case where the distribution process takes place by compensating the shareholders, the shareholders, who have a right on a property, and by being sentenced to pay the shares of other stakeholders. In this respect, it is stated that in the izale-i şüyu lawsuits, two reciprocal parties are in the roles of plaintiff and defendant in the traditional sense, and that one party wins and the other party loses, and there is no conflicting litigation. In this process, our study, which includes the effects of the litigation cases on the parties, the procedural features of the first instance courts and some special cases, has been prepared and presented.

Author

Dr. İbrahim Buğra Özyurt

How to Cite

İbrahim Buğra Özyurt (Master Thesis). Legal nature of the clarity action and procedure features displayed in first degree courts, 2022, Erzincan Binali Yıldırım University.

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