Determination of accession period and registration cases
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2019
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Advisor: Dr. Öğr. Üyesi Mustafa Okşar
Abstract (EN)
According to Pierre-Joseph Proudhon, the property, which is theft, has an important place among therights of the people in the modern state concept. Inspite of the understanding that the right touse the right of use by the Community Convention should be considered as property, the right of ownership in the modern state as a conception of rights that dominates the thing on one's own is a right which can be restricted due to the public good, although it is of such importance. In the first part of the study, the right of ownership, thescope of this right and the expropriation process which is the most visible form of the restriction of this right for public benefit will be mentioned. In order to understand the expropriation process and the practices that restrict the right of property due to expropriation process in our country's legal system, the way of explaining the emergence, development stages and scope of the right to property and then explaining the expropriation process were followed. In these condpart of the study, the expropriation process is explained in detail and the actual cost of the expropriated property is determined. While explaining these cases, the application and high court decisions were taken into consideration. In the last part of th estudy, the information examined in the first two chapters was examined and the violations of property rights that could be formed by combining the decisions of the European Court of Human Rights and the Constitutional Court were emphasized. A number of solutions have been proposed in order to prevent any breach of property rights by drawing attention to the deficiencies in the implementation.
Author
İmge Kuru
How to Cite
İmge Kuru (Master Thesis). Determination of accession period and registration cases, 2019, Çağ University.
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