Authority

Court of Cassation

Selected recent authorities

Chamber: 5. Hukuk Dairesi

Docket No.: 2023/4120

Decision No.: 2023/8891

Date of decision: 14 November 2023

Subject

De facto appropriation — valuation as at the date of taking

In factual taking, compensation is as a rule assessed at true value on the date of taking; later zoning changes cannot of themselves govern the figure.

Full note

Chamber: 1. Hukuk Dairesi

Docket No.: 2022/1566

Decision No.: 2022/7340

Date of decision: 21 June 2022

Subject

Collusion with the deceased — title cancellation where a gift is dressed as a sale

Proof of collusion in transfers designed to defeat the reserved share: witnesses, facts of life and the aptitude of the price for collusion are weighed together.

Full note

Chamber: 7. Hukuk Dairesi

Docket No.: 2024/880

Decision No.: 2024/2105

Date of decision: 7 March 2024

Subject

Dissolution of co-ownership — whether physical partition is possible

Physical partition is preferred where each co-owner can be left an independent and value-equalised portion; otherwise the path of sale is taken.

Full note

Chamber: 6. Hukuk Dairesi

Docket No.: 2023/2201

Decision No.: 2023/5412

Date of decision: 12 September 2023

Subject

Determination of rent — equity reduction and comparable rents

In a rent-determination action, comparable rents must be particularised; an equity reduction must not be applied as a formula without reasons.

Full note

Chamber: 8. Hukuk Dairesi

Docket No.: 2021/3340

Decision No.: 2021/9012

Date of decision: 2 December 2021

Subject

Statutory pre-emption — the three-month period and knowledge of the sale

The preclusive period in a pre-emption action runs from the date the co-owner learns of the sale and its terms; the title entry is not in every case equivalent to knowledge.

Full note

Chamber: 14. Hukuk Dairesi

Docket No.: 2020/1120

Decision No.: 2020/4560

Date of decision: 8 October 2020

Subject

Termination of usufruct — cancellation of the title annotation

Usufruct as a rule ends with the death of the right-holder; documentation of death and the absence of statutory exceptions suffice for cancellation.

Full note

Chamber: 18. Hukuk Dairesi

Docket No.: 2024/190

Decision No.: 2024/1022

Date of decision: 30 January 2024

Subject

Legal taking — reservation for public service in the zoning plan

A zoning restriction that for years is not followed by expropriation and in fact blocks the owner’s disposition may ground compensation as legal taking.

Full note

Chamber: 15. Hukuk Dairesi

Docket No.: 2022/670

Decision No.: 2022/3188

Date of decision: 19 April 2022

Subject

Construction-for-flat — contractor’s default and termination

On default in delivery, the landowner may elect termination, specific performance or damages according to the nature of the contract and the proportion of performance.

Full note