Toprak Mülkiyeti Türleri Sahih Vakıf Gayrisahih Vakıf Mukataa İcareteyn Taviz Bedeli
Those which are represented and administered by the Directorate General of Foundations of the waqfs that were established before the adoption of the Civil Law numbered 743 are called mazbut waqfs. As waqfs can be created by not only donating the lands that are deemed as property and the income obtained from them to the foundation for the benefit of humanity and but also they could be established by dedicating some of the tax income and other revenues of the state lands to the charity. While the first one constitutes “sahih” (valid) waqfs, the second one constitutes the “gayrisahih” (nonvalid) waqfs. Today, however, according to Article 18 of the Foundations Law No. 5737, a fee is called “concession fee” that equivalent to 10% of the property tax value of the land is collected for the lands that were leased by mukataa and icareteyn methods belonging to the valid (sahih) mazbut waqfs during the transfer to the free property on behalf of individuals or institutions. Concession fee collection causes disputes between individuals, institutions and the Directorate General of Foundations and this dispute is resolved in the judicial authorities. In this study, the method to be followed in the solution of the concession fee issue that originated in the land systems of the Seljuk and Ottoman States and their property principles at the judicial stage is discussed.
Type of Landownership Valid Waqf Nonvalid Waqf Mukataa Icaretyn Concession Fee
Birincil Dil | Türkçe |
---|---|
Konular | Hukuk |
Bölüm | Makaleler |
Yazarlar | |
Yayımlanma Tarihi | 30 Haziran 2020 |
Gönderilme Tarihi | 9 Nisan 2020 |
Kabul Tarihi | 30 Mayıs 2020 |
Yayımlandığı Sayı | Yıl 2020 |
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