İPOTEĞİN KALDIRILMASI DAVASI

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.