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.
Primary Language | Turkish |
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Subjects | Law in Context |
Journal Section | Articles |
Authors | |
Publication Date | June 30, 2020 |
Submission Date | April 9, 2020 |
Acceptance Date | May 30, 2020 |
Published in Issue | Year 2020 Volume: 11 Issue: 1 |