Master'sOpen Access

Intervention of the Judge in Condominium Law

2021
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Advisor: Prof. Dr. Bilgehan Çetiner

Abstract (EN)

The issue of lands, which has arisen with the ongoing increase in the population living in the city centers, has led to the spread of mass construction in our country day by day. With the effect of this, various conflicts arise and occur between the flat owners and the tenants or the people who take advantage and benefit from such properties. With the 33rd Article of the Property Law No. 634, it is foreseen to resort to the intervention of the judge for the resolution of these disputes that arise between the parties. In our study, the resolution of the board of apartment owners that may cause the intervention of the judge and the cases of non-compliance with debts and obligations have been examined in detail. In addition, the special regulation in Article 33 of the Code of Civil Procedure regarding the conditions of the request for the intervention of the judge and the duration of filing a lawsuit has been examined. The content and form of the judge's decree as a result of the intervention request and the consequences of not complying with this decree are also among the issues of our study. Lastly, another matter detailed in our study is the determination of the persons who may demand the intervention of the judge and the persons who will be shown as the adversaries in the request for intervention, and the procedural rules to be applied in the request for the intervention of the judge. Keywords: condominium, intervention of the judge, resolutions of the board of condominium owners, debts and obligations

Author

Halil Kal

How to Cite

Halil Kal (Master Thesis). Intervention of the Judge in Condominium Law, 2021, İstanbul University.

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