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Possession and the acquisition of possession according to the Turkish civil lawErdoğan Alakel, 2017
Opis: There is a relationship between possession and possession, like the idea that is born in our mind and the word that is its expression. Just as an unspoken idea is not reflected and can not be benefited from it, so is the property without possession. In other words, it will not be possible to take advantage of the Property which lacks Possession. Likewise, a saying is not always a true state, and Possession is always an expression and shadow of the right of property. However, this expression and shadow may sometimes not reflect the actual situation. Therefore, the possession of something that has been extorted, stolen or lost is not someone who actually seizes, possesses, thieves, or finds the person who is in possession. The possession, which expresses the outward manifestation of the sovereignty provided by the same rights in the movable commodities, has legal consequences as a dominance situation in terms of whether it is based on the right or not, both movable and immovable. This is why Possession, our Civil Code, not only in terms of movable goods, but has been subjected to a general arrangement in terms of all kinds of goods. The objective is; in this study, the contribution of the concept of possession in Roman and Turkish Law in two different sections, the historical development, types, acquisition, loss and preservation ways and the contribution of Roman Law to the modern legal system has been discussed. Preference; A. Possession is a sign of the right to property. The property of a good is considered Proprietor (possession). Proponents of this need to prove it. B. Possession of the movable property must be transferred to the owner of the movable property. C. Possession plays an important role in the acquisition of a property by time-lapse. Methodology: In the application of previous and subsequent title deeds, the deed registry based on the old and correct basis is valued. In order to be able to decide in favor of the owner by saying that the registration has lost its legal value if the old title deed registration holder or his heirs are not the owner of the immovable property; What is ahead of the immovable, from whom to whom, how the owner is owned, whether the owner is eligible for the economic purpose; Should be questioned and investigated based on details and witnesses from experts and witnesses. In summary, possession is a legal condition that arises from the seizure of dominance over the goods, which will constitute the above-mentioned issues, and which continues until the domination of the dominion is extorted by the abandonment or other by extortion or some other reason. As a matter of fact, our Civil Code does not consider actual domination not to be used as a reason for termination of possession temporarily. (Civil Code art. 976).
Najdeno v: osebi
Objavljeno: 17.08.2018; Ogledov: 2154; Prenosov: 109
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