The problematic structure of management of co-owned properties in Turkish Law and pursuance of solutions: trust of land of English law?
thesisposted on 2011-12-12, 11:09 authored by Eylem Apaydin
This thesis provides a critical evaluation of the statutory framework for the co-ownership regulations in Turkish law and it acquaints the Turkish jurists with the existence of trust of land of English law. It is posited upon the argument that solutions to the problems observed in the administration and enjoyment of co-owned properties in Turkish law may be overcome by the introduction of a new institution, which is inspired by the trust mechanism of English law. This entails the existing Turkish regulation for the management of the co-owned properties outdated, unreasonably complex, and extremely artificial with some assumptions. After successfully establishing that the Turkish system is currently inadequate to provide an efficient system, this thesis provides the indications for a solution. Having been aware of the limitations of the Turkish legal system and the restricted possibility of the direct reception of trust, this thesis examines to what extent the current institutions in Turkish law would replace the functions of trust in the context of co-ownership. This examination results in searching for a new system as it is concluded that any of the trust-like devices in the current Turkish law could not effectively and comprehensively serve the purposes that English trust does. Therefore, this thesis suggests that a new mechanism, inspired by the English trust of land, would provide the required mechanisms for an efficient managerial system for co-owned properties. Rather than asserting to solely focus on a comprehensive new system, this thesis discusses the possible solutions and urges further research about the matter. Hence, the so-called alien system, trust of land, and its capability to provide an alternative but efficient and productive solution to the managerial problems of the co-owned properties, would be made familiar with the Turkish jurists.
Turkish Ministry of National Education
Supervisor(s)Thompson, Mark; Watkins, Dawn
Date of award2010-07-07
Awarding institutionUniversity of Leicester