Actio negatoria for immovable property ownership in terms of civil procedure law

The essence of this study is the examination of Actio Negatoria in terms of civil procedure law. In this context, in the first part, explanations have been made about the right to property, which is the legal interest that the Actio Negatoria aim to protect. Then, the cases that protect the property right are explained in terms of substantive law, with particular emphasis on the Actio Negatoria. The difference between these actions and the Actio Negatoria will also be revealed. Finally, in this section, explanations on the subject, the type of Actio Negatoria and the parties of the case are made. In the second part of the study, the Actio Negatoria are examined in terms of the foundations of civil procedure law. In this context, competence and the place of jurisdiction are emphasized. Then, due to the importance it carries in disputes involving co-ownership, pendency is particularly emphasized. Subsequently, explanations were made regarding the objections and defenses that could be brought forward in Actio Negatoria. Then, explanations were made about the issue of proof. Also in this section, the suitability of the Actio Negatoria to arbitration and mediation, in which the area of application is gradually expanding, is examined. In the last part, explanations are provided about the verdict given in the Actio Negatoria. Again, in disputes involving co-ownership, the issue of definitive judgment has been particularly emphasized due to its importance. Then, appeal avenues are mentioned. Finally, the execution of verdicts of Actio Negatoria are explained. Recent high court decisions were tried to be included about the issues explained throughout the study.