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.