
What is the Right of Same? | Lawyer in Izmir

same right,
name, law
Rights that grant direct control over movable or immovable property and that can be asserted against everyone.
What is the same right?
Derived from the word "ayn," meaning property, the concept of "ayn" refers to the rights that individuals possess in relation to objects. In short, it can be expressed as rights relating to property.
In our legal system, real rights have three fundamental characteristics.
- Real rights are established over property.
- Real rights provide direct control over property.
TMK According to article 683/1, ‘'Anyone who owns something has the right, within the limits of the legal order, to use, enjoy, and dispose of that thing as they wish.'’ - The same right is a right that can be asserted against everyone.
TMK According to article 683/2, '‘Malik can file a claim for restitution against anyone who unjustly possesses his property, as well as sue to prevent any unlawful interference.’
Limited Real Rights
Limited real rights are real rights that grant a person limited powers over property. Limited real rights have a restrictive nature regarding ownership. They are divided into three groups according to the powers they grant over property.
- Easement Rights
- Pledge Rights
- Real Estate Encumbrance
Unlimited Property Rights
Real rights are the rights that grant a person the broadest authority over property. According to Article 683/1 of the Turkish Civil Code, 'A person who owns something has the right, within the limits of the legal order, to use, enjoy, and dispose of that thing as he wishes.'’
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