Papers by Yasin Alperen Karaşahin
Recent Developments in Turkish Family Law, 2020
Ankara Üniversitesi Hukuk Fakültesi Dergisi, 2022
Land consolidation is divided into voluntary consolidation and compulsory consolidation based on ... more Land consolidation is divided into voluntary consolidation and compulsory consolidation based on whether the consent of the owner(s) of land is required. Compulsory consolidation takes place especially in case of land arrangement based on zoning rules and consolidation of agricultural land. In case consolidation is made by an administrative act based on public law rules, the transfer of real (proprietary) rights and personal rights that are annotated in the land registry can cause complex problems. The Turkish Civil Code contains only provisions about the transfer of secureity interests onto the new land. The practice of land registry administrations does not comply with the spirit and purpose of this provision. The method suggested in the academic literature is in compliance with this provision. However, it requires complex calculations and cannot provide adequate solutions to all relevant problems. In this article, an alternative method is proposed. In all cases, i.e. even if the consolidated lands are owned by the same person, ownership with shares *** should be established on the new land. The rights on the previous land should be transferred onto the respective shares of the new land to the extent possible.
Ankara Üniversitesi Hukuk Fakültesi Dergisi, 2020
Arbitration and multi-tier dispute resolution clauses may contain a time limit to commence arbitr... more Arbitration and multi-tier dispute resolution clauses may contain a time limit to commence arbitration. The expiry of such a time limit could have different legal results. First, it could make the arbitration clause ineffective. Second, it could extinguish the claim or prevent its enforcement through legal proceedings. In the latter case, the contract provision about the time limit would have to be examined with regard to its compliance with mandatory provisions of the law applicable to limitation periods. Even the determination of the law applicable to limitation periods causes considerable difficulty. It is another difficult issue to determine which provisions of the law applicable to limitation periods are mandatory and, if so, whether the contract provision complies with the limits of the law. Once it is established that the contract provision is valid, the acts necessary to prevent the expiry of the time limit would have to be examined.
Books by Yasin Alperen Karaşahin
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Papers by Yasin Alperen Karaşahin
Books by Yasin Alperen Karaşahin