Yargıtay 16. Hukuk Dairesi 2016/17357 Esas 2019/7331 Karar Sayılı İlamı
Esas No: 2016/17357
Karar No: 2019/7331
Karar Tarihi: 14.11.2019
Yargıtay 16. Hukuk Dairesi 2016/17357 Esas 2019/7331 Karar Sayılı İlamı
Özet:
A case was brought before the Court of First Instance and the plaintiff appealed the decision. The Court of Appeals stated that in accordance with Article 1023 of the Turkish Civil Code, the rights of a third party who has acquired ownership or another real right in good faith based on the registration in the land register will be protected. In this case, the defendant claimed to have purchased the disputed property in good faith after the registration had been made, so it was necessary to determine whether the conditions set out in Article 1023 had been met and to make a decision accordingly.Following the Court of Appeals decision, the case was re-tried and the plaintiff's appeal was rejected. The decision was found to be in accordance with the law and no errors were detected in the evaluation of the evidence. Therefore, the decision was upheld and the remaining appeal fees were charged to the plaintiff.
Related legal provisions: Turkish Civil Code Article 1023.
