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Confiscating without expropriating

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2025
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Abstract (EN)

Expropriation without compensation is an intervention carried out by the administration, lacking a legal basis and characterized as unjust. This concept has developed and taken shape over time in light of doctrine and the decisions of the Court of Cassation. Furthermore, the evolution of this institution continues today. Expropriation without compensation arises from the administration's intervention in private property rights for the purpose of public benefit, and this process is continuously discussed and evaluated according to various legal regulations. Our research aims to clarify the elements and concepts of this issue, referring to views in the literature and examples from doctrine, and where appropriate, including judicial decisions. Additionally, the position of expropriation without compensation in Turkish law, the effects of laws on the elements of expropriation without compensation, the identification of these elements, and the legal remedies to be pursued in such cases are explained and examined. Alongside the information from the literature, relevant legal regulations have also been included. The detailed examination of lawsuits that can be filed in cases of expropriation without compensation and the development of a clearer understanding of this concept constitute the core of our study.

Author

Nurullah Adam

How to Cite

Nurullah Adam (Master Thesis). Confiscating without expropriating, 2025, Dicle University.

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