Title A Critique About The Provisions of The Rights Constituted On Springs In The Turkish Civil Code
Authors Yıldız ABİK
Abstract Firstly, the concept of the rights constituted on springs with regard to the Turkish Civil Code will be examined in this study. Then the right of springs as the subject of ownership and the contents of this ownership are examined. The springs are accepted as the fixture of the land from which they issue. Furthermore, the limits of the ownership, which arise from private law such as common springs and the right of necessary spring, are examined in this study. Also in the context of these limits, the compensation can be demanded, when the springs or wells are damaged by the activities like excavation and construction for various reasons such as reduction or pollution. Furthermore, the restoration of the springs can be demanded. The real or personal servitudes can be constituted on springs. In this context, the subject of rights of the springs, the constitution and effects of this right are examined. Furthermore, the rights on springs, which have been founded independently and permanently are recorded in land registry and acquire the effect of real property. Additionally, the resolution of the rights of springs are examined. Finally, we will discuss and criticize whether these mentioned provisions related to the right of springs are adeaquate with regard to actuality and appropriate for the systematic structure of the Turkish Civil Code
Keywords Servitude, Fixture, Compensation, Common Springs, Land- registry
Journal TABAD - Research Journal of Agricultural Sciences
Issue Issue 1
Page 79-91
Year 2010
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