Mineral rights as an asset of commercial enterprise and their legal transactionality

Mineral rights are among the assets of a commercial enterprise. As a result, it may be subject to legal transactions both together with and apart from the commercial enterprise. In our study, the concept of a commercial enterprise and its assets are separately analyzed. In this context, the concept of minerals and mineral rights is examined from the perspective of Turkish law. Pursuant to Article 168 of the Constitution, the public ownership system is adopted regarding the ownership of minerals in Turkish law. Due to the fact that minerals are public property, the establishment and acquisition of mineral rights are subject to certain restrictions and prohibitions. The economic value that mining activities bring to commercial enterprises in today's conditions has ensured that mineral rights are often the subject of legal transactions in conjunction with a commercial enterprise. However, despite being included in legal transactions along with a commercial enterprise, mineral rights have their own specific material and formal rules. This study aims to evaluate the determination of legal rules that will be applied when mineral rights are the subject of legal transactions, based on existing literature and judicial decisions. Keywords: Commercial enterprise, assets, mineral rights, mining license