Acquisition of immovable property by court decision in Turkish law

This study aims to deal with all aspects of acquiring immovable property by court decision, which has a very important place among the cases of acquisition before registration in the land registry. Thus, it is aimed to reach the most appropriate solutions to the legal technique and the principle of balance of interests by examining the subject from theoretical and practical perspectives. The cases of acquisition of immovable property by court decision and the conditions and consequences of such acquisition are discussed in detail in our study in terms of various legal relations and various branches of law. Presenting a monographic study to jurists by discussing the acquisition of immovable property with a court decision in depth is undoubtedly an effort to respond to an important need. Of course, it is not possible to present the subject to the reader with all the details in the textbooks. One of the aims of our study, as pointed out, is to fill an important gap on the subject in accordance with the current view of law. In this study, the problems that are related to the subject and not mentioned have been entered as much as possible, and it has been tried to produce solutions that are in accordance with positive law and fair. Sometimes, "de lege feranda" solutions are offered to solve the related problems. This is one of the aims of our study. It has been tried to put forward original and correct views. The meaning of acquiring the ownership of the immovable by a court decision, in other words, the legal consequences of such acquisition, as well as the legal nature of the relevant decision and finally the effect of this decision on the obligatio have been discussed in detail in our study and thus question marks on the subject attempted to be resolved.