Türk Medeni Kanunu'nda kendi malzemesini kullanarak başkasının arazisinde haksız yapı meydana getirilmesi: TMK m. 722-723-724
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Date
2012
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Sosyal Bilimler Enstitüsü
Abstract
The title of this thesis is unfair construction built with the constructors own material on a third person's land under Turkish Civil Code. Our thesis consists of an introduction, three main chapters and a conclusion. In the introduction part, the importance and historical development of the topic under Turkish Civil Code and the implementation in some other countries are analyzed. In this part, Roman Law and Mecelle are taken into consideration. Subsequently, the historical development in Turkish Law and the institutional development of unfair construction are presented by taking into consideration both Civil Code Nr. 743 and Nr. 4721 and other legislation. Finally, the formation of the topic in other legal systems especially in Swiss, German and Austrian Law is elaborated.It the first chapter, the types of unfair construction are analyzed and as one type of unfair construction, unfair construction built with the constructors own material on a third person's land, which is indeed the topic of this thesis, is studied in comparison with similar institutions.In the second chapter, the effects and consequences of unfair construction built with the constructors own material on a third person's land is presented. In this analysis, the rights of the landlord and the owner of the material incurred as a result of formation of an unfair construction are dwelled upon respectively. In the third and final chapter of the thesis, regarding the unfair construction built with the constructors own material on a third person's land, the scope of application of the articles of Turkish Civil Code in relation with some other 314codes and unfair construction in contracts which are subject to the sanctions of invalidity and annulment are studied.In our thesis, within the context summarized above, the issue of unfair construction built with the constructors own material on a third person's land is studied in detail. When appropriate and relevant, other types of unfair construction such as the event of unfair construction built with the third person's material in the constructor's land and unfair construction built with the third person's material in third person's land are touched upon as well. As for the purposes of this research, both Turkish doctrine and foreign doctrines are examined, and as this issue commonly comes up in practice in various law systems, Turkish and foreign court decisions are scrutinized
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Türk Medeni Kanunu, haksız yapı