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Searching Content indexed under Real Estate and Construction by Orçun Çetinkaya, LL.M. ordered by Published Date Descending.
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1
Abuse Of Form Requirement During Property Transfers In Turkey
Freedom of contract stems from the freedom of will principle in civil law.
Turkey
3 Jan 2019
2
Turkish Constitutional Court: Failure To Expropriate Land For 27 Years Breaches Constitutional Property Rights
The court ruled that a fair balance must exist between protecting individual property rights and the public interest.
Turkey
20 Nov 2018
3
Turkish Constitutional Court Considers Title Deed Registry Notations And Their Consequences For Property Ownership
The Turkish Constitutional Court recently considered sale of a property to pay public debts, in circumstances where the property was allegedly owned by another party ("Applicant").
Turkey
5 Jul 2018
4
Turkish Constitutional Court: Expropriation Does Not Violate Property Rights, Despite Stay of Execution Decision
The Turkish Constitutional Court recently ruled that the right to property had not been violated by completion of expropriation proceedings, initiated by the Energy Market Regulatory Authority ("Authority")...
Turkey
25 Jan 2018
5
Turkish Constitutional Court: Balance Must be Struck Between Public Benefit and Individual Interests When Determining Compensation for Expropriations
The Turkish Constitutional Court recently considered a claim that property rights had been violated by insufficient compensation being paid for the decreased value of an applicant's property.
Turkey
25 Jan 2018
6
Turkish Constitutional Court: Tax Authority's Approach to Calculating Time for Undeclared Buildings and Land Does Not Breach Constitution
The Turkish Constitutional Court recently ruled that a provision which allows tax authorities to claim unpaid tax and tax fines for undeclared buildings and land within five years of becoming aware...
Turkey
25 Jan 2018
7
Turkish Constitutional Court Awards Compensation To Land Owners For Expropriated Land After Legal Basis Cancelled
Turkey's Constitutional Court recently ruled that land owners' property rights had been violated by expropriation of land for a dam and hydroelectric power plant project.
Turkey
15 Jun 2017
8
Turkish Constitutional Court: Municipality Re-Zoning And Failing To Return Property Gifted For Specific Purposes Breaches Constitutional Property Rights
Turkey's Constitutional Court recently considered circumstances where an applicant had gifted land to the local municipality for road construction, without receiving compensation.
Turkey
1 Jun 2017
9
Requirements Clarified for Power of Attorneys Used During Land Registry Transactions, Issued Outside Turkey
Turkey's General Directorate of Land Registers Department of Foreign Affairs recently clarified form and process requirements for power of attorneys used during land registry transactions in Turkey, which are issued in another country.
Turkey
27 Apr 2017
10
Turkey's Constitutional Court: Property Owner's Constitutional Rights Violated By Street Closure Causing Decrease In Rental Rate
Turkey's Constitutional Court recently ruled that a property owner's constitutional rights were violated by a failure to ensure a balance between public interests and the individual's property ownership rights.
Turkey
18 Apr 2017
11
Turkish Constitutional Court Considers Lessors' Ability To Terminate Fixed Term Leases
Turkish legislation protects lessees by imposing comparatively higher thresholds on lessors to terminate fixed term leases.
Turkey
8 Dec 2016
12
Turkish Constitutional Court: Determining Expropriation Values Based On Actual Expropriation Date Violates Property Rights In Price Determination Lawsuits
The Turkish Constitutional Court recently considered which date should be used to assess a property's expropriation value.
Turkey
4 Aug 2016
13
Turkish Constitutional Court: Expropriated Property Not Used For Expropriation Purposes Violates Property Rights
The Court held this to be an unlawful interference with property rights and the prior property owner was entitled to initiate a new trial to rectify the violation's outcomes.
Turkey
4 Aug 2016
14
Turkish Constitutional Court: 99 Year Easement Does Not Violate Property Rights
Turkey's Constitutional Court recently ruled that a 99 year administrative easement does not breach property owners' constitutional property rights.
Turkey
10 May 2016
16
Turkish Construction Companies: Considerations For International Projects And Regional Dispute Resolution Trends
The Turkish construction sector has experienced significant growth in recent years, achieving prominence in the international arena.
Turkey
15 Jan 2016
17
Turkish Constitutional Court Rules On Difference In Value Between Calculation And Payment Of Expropriation Amounts
The Constitutional Court recently considered a claim alleging violation of property rights under Article 35 of the Turkish Constitution (decision number 2013/4523, dated 16 September 2015).
Turkey
5 Jan 2016
18
Turkish Constitutional Court Rules On Indefinite Right Of Action Granted For Distribution Of Land Shares
The Property Ownership Law states that if land shares are not distributed among right holders in accordance with their ownership shares, these right holders receive an indefinite right of action (Article 3).
Turkey
17 Nov 2015
19
Turkish Constitutional Court Rules On Unreasonable Delays Within The Right To Fair Trial
The Turkish Constitutional Court recently considered a claim that a land expropriation violated the applicant's right to a fair trial due to the judgment processes lasting five years and ten months during administrative procedures.
Turkey
27 Oct 2015
20
Constitutional Court Holds Property Owners Entitled To Receive Interest And Inflation If Payment Delays Occur During Expropriations
The full text of a Constitutional Court decision was published in Official Gazette number 29442 on 11 August 2015.
Turkey
8 Sep 2015
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