Real rights limited to the subject of tangible property law after the right of ownership
creates. Limited real rights Article 779-972 of the Turkish Civil Code. among the items
edited. Limited real rights, in accordance with the systematic of the Turkish Civil Code
first the easement rights, then the immovable load, and finally the pledge rights, respectively.
will be examined.
Limited real rights do not give the owner full and wide powers such as property rights, but limited
entitlements are the same rights.
In the doctrine and in the new Civil Code, the real rights other than the right of property
The reason why it is called “limited real rights” is the use, exploitation and
not all of the disposition powers, but only one or some of them.
given to their owners. As it is known, “using” the property right in favor of the owner,
There are three types of authority, namely “to make use of” and “to save”. limited in-kind
Rights, on the other hand, give their holders sometimes only one of these powers, for example, to use or enjoy
its authority; sometimes they authorize both, for example both to use and to enjoy.
As a matter of fact, the right of usufruct, which is a limited right in rem, gives the owner the right to use the goods that are the subject of usufruct and
powers to benefit from it (Turkish Civil Code article 794); the right of residence (sükna) can only be obtained from one building.
or a part of it as a residence (Turkish Civil Code article 823).
Limited real rights, easement rights, immovable burden and pledge rights.
is divided into three.
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