Master'sOpen Access

Confiscation without expropriating

2019
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Advisor: Dr. Öğr. Üyesi Ahmet Cemal Ruhi

Abstract (EN)

The aim of this thesis is to provide suggestions on solving confiscation without expropriating cases and how to prevent new confiscation without expropriating cases. In the thesis, in general the property right and the limitation of the property right, the concept and definition of confiscation without expropriating, the legal character and consequences, the development in the Turkish law, factors, legal remedy against to confiscation without expropriating were studied. Furthermore in the thesis, confiscation without expropriating was compared with the other legal concepts that interfere property right. Within the scope of the thesis, judicial decisions, which play an important role in shaping confiscation without expropriating and references on confiscation without expropriating have been scanned and the judicial decisions that are considered significant about confiscation without expropriating are included in the thesis. The following conclusions have been reached in the thesis: It is not possible to adopt in a state of law no matter what reason and purpose the confiscation without expropriating cases, which are not only unconstitutional and lawless both also criminal and unethical; the most important reason why the confiscation without expropriating has been going on for many years is that the administrative power owners and the lawmaker are reluctant to solve the problem; the purpose of many of the legal regulations on confiscation without expropriating so far is to protect the administration, not to eliminate the victimization of the property owners who have been confiscated their real property, as claimed; new legal regulation are needed to solve the problem of confiscation without expropriating.

Author

Dr. Önder Çetintaş

How to Cite

Önder Çetintaş (Master Thesis). Confiscation without expropriating, 2019, Hasan Kalyoncu University.

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