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Fixtures (Muhdesat) and Actions for the Determination of Fixtures

Fixtures (Muhdesat) and Actions for the Determination of Fixtures

Actions for the determination of fixtures (muhdesat) are of significant importance, particularly in proceedings involving the dissolution of co-ownership (izale-i şuyu), urban transformation projects, and expropriation processes, as they serve to determine the ownership of structures or planted elements situated on immovable property. In practice, disputes frequently arise concerning the legal nature of fixtures, the concept of integral parts, the function of the declarations section in the land registry, the conditions for filing such actions, the burden of proof, and limitation periods.As Uzunpınar & Tüfek Law Firm, in this comprehensive study we examine the concept of fixtures in light of the Turkish Civil Code and the precedents of the Court of Cassation, the circumstances under which an action for the determination of fixtures may be filed, the rights and obligations of the parties, and the scope of claims based on unjust enrichment. In the field of real estate law, professional legal assistance is essential to prevent loss of rights in fixture-related disputes...

Unjust Enrichment (Ecrimisil) Lawsuit

Unjust Enrichment (Ecrimisil) Lawsuit

Ecrimisil lawsuits are among the significant ownership disputes that arise when an immovable property is used unlawfully and without the consent of the rightful owner. The determination of unlawful use, the duration of such use, and the calculation of the compensation that may be claimed require the legal and technical aspects of the process to be evaluated together. For this reason, ecrimisil lawsuits must be handled within the framework of a careful legal approach that requires full command of the relevant legislation and the proper presentation of evidence in order to prevent any loss of rights...