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Property right on movable cultural properties under Turkish administrative law

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2023
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Abstract (EN)

Cultural assets are the reflection of the cultural values that are left to us from the past and should be transferred to future generations. Therefore, it should be very well protected. According to the Law No. 2863 on the Protection of Cultural and Natural Assets, cultural assets are "state property". Therefore, as a rule, they are considered to be subject to the public property regime, since they are state property. However, in terms of Turkish Administrative Law, it can be seen that it can be the subject of private property in some cases. In particular, it has been discussed in the doctrine whether the movable cultural assets, which have mobility due to their movable characteristics and whose ownership transfer is wider than the immovable cultural assets, should be protected in public ownership or in the property regime subject to private law. In this thesis, it is focused on whether it is possible to talk about sui generis or a unique property and protection regime in terms of movable cultural assets based on the legal regulations and the views in the doctrine. In this study, after explaining the concepts of protection that form the basis of why cultural assets, cultural heritage and property are discussed, public property, public service and property are tried to be defined. In the continuation of the explanations, movable cultural assets subject to public and private law ownership and their reflections in Turkish Administrative Law are discussed and a general property right of movable cultural assets in administrative law is examined.

Author

Mert Erdoğan

How to Cite

Mert Erdoğan (Master Thesis). Property right on movable cultural properties under Turkish administrative law, 2023, Bahçeşehir University.

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