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ARTICLE · 21 NOVEMBER 2023

Possessory Actions

Sakar Law Office
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"Possessory action" also known as Actio Negatoria, is a legal remedy granted to the owner to protect his/her property rights in cases of molestation or aggression.

TurkeyReal Estate and Construction

"Possessory action" also known as Actio Negatoria, is a legal remedy granted to the owner to protect his/her property rights in cases of molestation or aggression. The possessory remedy is regulated under Article 683 of the Turkish Civil Code.

Article 683: The person who owns something has power to use, enjoy and dispose over that thing within the limits of the law.

The owner may file action of replevin against the person who has wrongfully seized his property, as well as a lawsuit for the prevention of all kinds of wrongful seizure.

Although the main goal of the possessory actions is to protect the property right of the owner, the owners are not the only ones who will request the prohibition of interference with this lawsuit; the owners of real right, such as usufruct right or right of habitation, may also request to stop of the unlawful interference on the movable or immovable property that they have the right to use or benefit from by filing a the protection against

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