Replevin in turkish civil law (based on TCC art. 683)

The action of replevin (rei vindicatio, recovery of property) is one of the two types of actions regulated under Article 683/II of the Turkish Civil Code for the owner to protect his right of property. The protection of the property right is as important as its existence and use. The mere existence of the right is meaningless if it cannot be protected. For this reason, every legal system must have an answer on how to protect the right to property, which even affects state regimes. Although the Turkish Civil Code regulates the action of replevin within the scope of the protection of the right of property, there is no comprehensive study on this subject in the Turkish Law doctrine. This situation has aroused the idea that the study of the subject as a doctoral thesis would contribute to Turkish Law and the action of replevin was chosen as the subject of the thesis. Since the regulation in the Law is in the form of a lawsuit, the title of the thesis has been determined accordingly. On the other hand, it has been concluded that it would not be correct to push the issue into the dimension of procedural law by limiting it to a "lawsuit". For this reason, in our study, a framework of "the fact of replevin" (istihkak olgusu, Vindikationslage) has been created, which includes both the action of replevin and the broad claim of recovery of property, which exists and can be asserted spontaneously without the need for a lawsuit. In the first part, the theoretical evaluations regarding the fact of replevin are given. In the second part, the information regarding the action of replevin and the comparison of the action with other related actions are discussed. In the third and final part, the issues related to the consequences of the claim of recovery of property, such as the scope of the wrongful possessor's obligation to return, and the termination or change of form of the claim are examined. While addressing all these issues, it was tried to find solutions to the deficiencies and problems in practice by making use of domestic and foreign high court decisions.