Confiscation without expropriation and the legal effect

The right of property, which is one of the fundamental rights and freedoms, has been protected by international treaties and the Constitution. Constitutionally, the right of property could be limited by the administration for the public wale. Nevertheless, the administration sometimes performs this limitation against to the Constitution and other provisions of the act. In this case, the concept of confiscation without expropriation emerges. Confiscation without expropriation is an unlawful act of the administration. The administration has frequently been applying to the confiscation without expropriation due to the increasing urbanization and population growth. In the first part of our study; the definition of confiscation without expropriation and also the conditions, legal characteristic, differences with similar concepts of the confiscation without expropriation and its legal changes exposed in the historical process were covered. As discussing the legal characteristic and effect of confiscation without expropriation, the doctrine of the subject has also been included in the study. In the second part of our study; the definition, conditions and effect of the de facto expropriation, and also judicial ways to be used against the de facto expropriation were covered in the light of court decision. Confiscation without expropriation has been considered as a de facto expropriation in a private property by the administration for a long time. Nevertheless, as a result of the judicial decisions, because of the fact that the real estate in the zoning plans has been allowed into public space and also the administration has not expropriated the real estate for many years by remaining passive, the limitation of the right of property is now accepted as a legal confiscation, which is a form of confiscation without expropriation. In the third of our study, the concept of legal confiscation which has recently entered our law has been defined, by allowing for the circumstances under the Zoning Law, in line with the decisions of the Supreme Court, the Council of State, the Constitutional Court, the Court of Jurisdictional Disputes and the European Court of Human Rights, in accordance with the process with the recent amendments and judicial ways were covered. Keywords : Exropriation, Confiscation without Expropriation, De facto Expropriation, Legal Confiscation.