Avrupa İnsan Hakları Mahkemesi ve Türk Anayasa Mahkemesi Kararları Kapsamında Mülkiyet Hakkı ve Kamulaştırma

Abstract

The right to property, which is a fundamental human right, has emerged in different forms over time and has always maintained its dynamism. Today, with the effect of the social state understanding, the right to property is accepted as a limitable right. Expropriation is one of the ways to interfere with this right. However, the importance given to the right to private property continues. As a matter of fact, expropriation, which is one of the forms of interference with the right to property, which is guaranteed at the constitutional level, is also regulated in the Constitution. In this context, the right to property regulation has been included as a limited fundamental right in national and international regulations. Of course, the form in question has matured as a result of a certain process. However, expropriation, which is one of the forms of interference with private property, and the right to property is still a subject frequently examined by the judicial organs. Therefore, it continues to be up-to-date and criteria developed by the judicial organs are formed in order to maintain a fair balance between the right to property and the interference with the right. As a result, the subject and problem of the work; The existence of the right to property, the development of the scope of the right, the legitimacy conditions of the expropriation in the form of a social state and related regulations and the decisions of the judicial organs.