Abstract:

The right of property is an absolute and unlimited right and gives the owner absolute authority. This right includes the authorization to use, authorization to benefit and to exploit of possession. The right to property can be limited by law to the extent that public interest requires it, as well as finding a wide range of protection. The Soil Protection and Land Use Law is one of the laws bringing this limitations. This law has brought significant improvements in terms of the classification and use of agricultural land. One of the important innovations brought by the law is to prevent agricultural land from becoming economically inefficient by dividing it through inheritance or transfer. The limitations of the right to property and the nature of these limitations also lead to important private law problems. Prevention of the transfer of ownership to third parties through inheritance and restrictions on transfer through inheritance constitute an exception to the property order brought by the Turkish Civil Code. On the other hand, the prevention of transfer of ownership on an event basis may harm the right of property. Especially if the restrictions imposed by law, restrict the use of the right to property, it will be contrary to both the Constitution and the European Convention on Human Rights. In this study, the basic principles related to the transfer of ownership in the Turkish Civil Code and the limitations of the Soil Protection and Land Use Law will be examined and scientific methods for the solution of possible problems will be proposed.

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