Title of article :
Examination of the Amendments Brought to Law No 5403 Soil Protection and Land Use Code by Law No 6537 in Terms of Civil Procedure Law
Author/Authors :
kartal, bünyamin inönü üniversitesi - hukuk fakültesi - medeni usul ve icra iflâs hukuku anabilim dalı, Turkey
Abstract :
With the Law no 6537, the provisions on the privatization of agricultural holdings in the Turkish Civil Code (TMK) inheritance law book have been repealed. With the amend-ment, the transfer of ownership system was adopted instead of the privatization system. With this system, agricultural land in the estate is transferred voluntarily in the agreement of the heirs; otherwise, it is transferred to the competent heir to be determined or to the heir who has the highest bid or to third parties by sale by court order. In this study, the problems and solutions proposed by this system in terms of civil procedure law are discus-sed and the legal nature, effects and results of the case for the transfer of agricultural land, determination of the competency of court and the decisions to be made by the court were tried to be explained by the civil procedure law institutions.
Keywords :
Agricultural Land , Transfer of Ownership System , Elimination of Joint Ownership , Discretion , Right to Sue in Person.
Journal title :
Selcuk University, Journal Of The Faculty Of Law
Journal title :
Selcuk University, Journal Of The Faculty Of Law