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Judge's intervention i̇n the comdominium law

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2021
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Advisor: Prof. Dr. Oğuz Sadık Aydos

Abstract (EN)

One of the results which urbanization brings about is that condominium has spread. According to the Condominium Law No.634, independent property rights can be founded on parts of finished building that can be used alone and seperately like flat, apartment, work office, store, shop, cellar, storage etc. by owner or co-owners of the real estate. In this context, those who have independent property right take on some debts and obligations to other owners whom they have to live with. Finally in this case, the condominium law which is a kind of private propriety is also formed law of those who have to live together.Disputes on the use of both independent sections and common areas are encountered frequently. Judge's intervention is sometimes inevitable for the solution of these disputes.'Judge's intervention' which makes up main subject of our study is methodized in article 33 of the Condominium Law No.634. According to this article, if one of the condominium owner or someone who makes use of same building managed by condominiumconsistently based on lease agreement, right of residance or another reason fails to fulfill his/her debts and obligations, others may get harmed. Therefore, in this situation, condominium owner or owners who get harmed can demand judge's intervention by applying to the magistrade's court where the main property is located.

Author

Ömer Delikaya

How to Cite

Ömer Delikaya (Master Thesis). Judge's intervention i̇n the comdominium law, 2021, Ankara Hacı Bayram Veli University.

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