International Conference on Eurasian Economies
1-3 July 2014 – Skopje, MACEDONIA
Paper detail
Paper ID : 1144
Status : Paper published
Language : Turkish
Topic : Law
Presenter: Assoc. Prof. Dr. Mustafa Avcı
Session : 4E Hukuk II
Treatise about Confiscation without Expropriation According to Turkish Law
Türk Hukukunda Kamulaştırmasız El Atma Sorunu Üzerine Bir İnceleme
- Assoc. Prof. Dr. Mustafa Avcı (Anadolu University, Türkiye)
Abstract
In the Turkish law, the most characteristic example of de facto action is confiscation without expropriation. A certain case is defined as confiscation without expropriation when an immovable property belonging to someone was occupied by the Administration for being used in public service and the occupation is not based on an expropriation procedure established in accordance with the rules and principles specified in the legislation. In that vein, it has been accepted that de facto confiscation resulting from unlawful acts of the Administration does not differ from wrongful acts of private persons, and thus such administrative acts should be subject to ordinary jurisdiction just like in the case of damages arising from wrongful acts of private persons. However, confiscation without expropriation is not always of this nature. In certain cases, although a given immovable property is not exposed to a de facto confiscation without expropriation, it may have been specified as a green area on the zoning plan. In such a case, the owner’s authorities deriving from property rights will be restricted. This situation may be considered a legal confiscation without expropriation. This study investigates the dualist structure resulting from the temporary Article 6 of the Law no. 2942 on Expropriation amended by Article 21 of the Law no. 6487 and the temporary Article 7 added to the Law of Expropriation by Article 22 of the same Law.
JEL codes: K23, K49, G18
Avcı, Mustafa (2014). "Treatise about Confiscation without Expropriation According to Turkish Law" in Proceedings of International Conference of Eurasian Economies 2014, pp.1013-1019, Skopje, MACEDONIA.
DOI: https://doi.org/10.36880/C05.01144
