mülkiyetin

Mülkiyetin, commonly known as "property" or "ownership" in Turkish legal and economic contexts, refers to the legal relationship between an individual or entity and a tangible or intangible asset, granting them exclusive rights to use, control, and derive benefits from it. The concept is deeply rooted in civil law traditions, particularly in Turkey, where property rights are governed by the Turkish Civil Code (Türk Medeni Kanunu) and other relevant legislation.

In Turkish law, mülkiyetin encompasses both movable and immovable property, including land, buildings, vehicles, intellectual property, and financial assets. The acquisition of property rights typically occurs through legal means such as purchase, inheritance, gift, or creation (e.g., writing a book or inventing a product). The Civil Code outlines the conditions under which ownership is established and protected, emphasizing the principle of *res nullius* (property belonging to no one) and *res derelictae* (abandoned property), which can be acquired through occupation or prescription.

Ownership rights in Turkey are absolute and exclusive, subject to certain limitations imposed by public order, morality, and the rights of third parties. The state may also impose restrictions, such as zoning laws for real estate or intellectual property regulations. Enforcement of property rights is handled through civil courts, where disputes over ownership, possession, or encroachment are resolved based on evidence and legal precedent.

Mülkiyetin plays a crucial role in Turkey’s economic system, facilitating transactions, investments, and secure financial instruments. Land registration systems, such as the Turkish Land Registry (Tapu), ensure transparency and prevent fraud by documenting ownership claims. Additionally, property rights are protected under the Turkish Constitution, which guarantees the inviolability of private property while allowing for public interest exceptions, such as expropriation for national projects.

International agreements and EU accession processes have further influenced Turkey’s property laws, aligning certain aspects with European standards. However, challenges such as informal land ownership, corruption, and disputes over historical properties remain areas of ongoing legal and social debate.