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ARTICLE · 18 AUGUST 2021

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Constitutional Court Issues Significant Decisions On The Ownership Right

The constitutional court's decision Nos. 2018/14389 and 2018/12722 regarding violations of the ownership right were published in the Official Gazette on 11 August 2021...

TurkeyGovernment, Public Sector

Recent Development

The constitutional court's decision Nos. 2018/14389 and 2018/12722 regarding violations of the ownership right were published in the Official Gazette on 11 August 2021. In these decisions, the court established the circumstances in which there would be a breach of the ownership right by interim injunction decisions and provided crucial points on repeating administrative fines.

Background of the Cases In Question

  • Decision No. 2018/14389 Dated 13 April 2021

In 2006, the local court ruled for an interim injunction on the relevant immovable properties in a deed nullification and registration case for a fictitious transaction of the testator. The defendant applicant claimed that his ownership right has been breached by limiting his right of domain on his immovable properties, as the case has been ongoing since 2006.

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