The right to mortgage registered in the land registry may be
invalid. In such a case, the owner of the immovable may request the correction
of this from the pledged creditor with corrupt registration. If the creditor
fails to do so, the only remaining remedy for the owner whose property rights
have been damaged by corrupt registration is to apply to the court. In this context,
the right to hypothec and the reasons for its termination have been examined.
In the continuation of the study, it was determined what the concept of
abolishing the hypothec should be understood. Then, the concept of the
abolition of the hypothec, its legal nature, comparison with similar
institutions, conditions and parties were explained. In the aforementioned
case, which court has authority and duty, to whom the burden of proof falls,
how long it can be sued and finally the effect of the judgment have been
determined.
Abolition of the Hypothec Correction of the Hypothec Correction Action for the Correction Unwarranted Entries
Primary Language | Turkish |
---|---|
Subjects | Law in Context |
Journal Section | Articles |
Authors | |
Publication Date | December 31, 2019 |
Submission Date | October 19, 2019 |
Acceptance Date | November 16, 2019 |
Published in Issue | Year 2019 Volume: 10 Issue: 2 |
Bu eser Creative Commons Atıf-GayriTicari 4.0 Uluslararası Lisansı ile lisanslanmıştır.