Sahin Sengul, E 
ORCID: 0000-0002-4741-2171
(2022)
'Türk medeni kanunu kapsaminda taşinirlarda zilyetliğin korunmasi = Protection of possession of chattels in the Turkish civil code.'
Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi = Ankara Hacı Bayram Veli University Faculty of Law Journal, 26 (2).
pp. 169-206.
Abstract
Possession, which is defined as the effective control over a thing, protects the actual situation regardless of whether it is based on a right or not. Possession prevents a person from acting against the law and by force even to get his/her right in order not to undermine the social peace and trust in the society. In light of the debates in doctrine and jurisprudence this study aims to examine the provisions regarding the protection of possession appeared in the articles of 981 and 984 of the Turkish Civil Code. The study first examines the possessor’s right to use force in self-defence, the legal scope of this right, what types of possessors have this right and against whom this right can be exercised. This study then moves on to scrutinise the situation where the possessor does not or cannot exert his/her right to use force in self-defence, in this respect it analyses the processor’s right to bring an action to reclaim the object from the claimant as well as to seek the cessation of trespass and prohibition of further trespass, the purpose and nature of these claims, the parties to the action, and finally, the action for damages that can be brought in case the violation of the possession causes a loss to the possessor.
| Item Type: | Article |
|---|---|
| Note: | Article written in Turkish with the abstract available in English. |
| Keywords: | possession, possessor’s right to use force in self-defence, action for restitution, action for cessation of trespass, action for prohibition of further trespass |
| Subjects: | K Law > K Law (General) |
| Divisions: | Bath Business School |
| Related URLs: | |
| Date Deposited: | 26 Mar 2025 15:48 |
| Last Modified: | 26 Mar 2025 15:48 |
| ISSN: | 2667-4068 |
| URI / Page ID: | https://researchspace.bathspa.ac.uk/id/eprint/16681 |
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