SERVICES

What is Occupation Compensation Case?

It can be seen that individuals use the immovables that are not owned by themselves or that they are shareholders or jointly, and that as a result of these uses, they prevent the right owners from enjoying their property rights. This will lead to the right of the rightful owner to claim an unfair occupation compensation against the person who has maliciously confiscated his right.

The Ecrimisil case, as a rule, appears as a compensation claim to be claimed by the real right owner as a result of unfair use. In order to talk about the Ecrimisil case, the defendant who possessed the possession must have used his property in an unfair, malicious manner and without the consent of the plaintiff.

The legal benefit criterion to be sought in the Ecrimisil case is the unfair use of the goods subject to ecrimisil and not being benevolent, except for the consent of the owner. If a person knows that he has no rights or is in a position to know, using an immovable / immovable will cause the compensation of ecrimicil (unfair use) to come to the agenda.

Unfair occupation compensation, which is based on the regulation in Article 995 of the Turkish Civil Code, creates a right to compensation that can be requested from the defendant if the conditions are met;

TMK m.995 “The non-benevolent possession has to pay compensation for the damages to the right owner and the products that he / she has neglected to obtain because of the wrongful retention of what he is obliged to return.”

The indemnity debt to be paid due to the occupation without a valid right is defined as unfair occupation compensation in our law and can be demanded from malicious possession. It must prove that the plaintiff has property or possession in the lawsuit that the plaintiff will unfairly occupy the person who has occupied the property and that the defendant unfairly occupied the subject of the case.

In accordance with the decisions of the Supreme Court, “In principle, in determining the taxpayer based on rental income; It is stated that in the period subject to the lawsuit, the rental money, which may bring free conditions in its present form, shall be taken into consideration, not less than the amounts to be found by reflecting the CPI rate to the amount found for the following periods ”. In Ecrimisil account, in any case, it will appear as the minimum rental income of the compensation liability, and the full income deprivation in the most.

On the other hand, in order for the stakeholders in the shared ownership and the partners to be able to claim each other in terms of the immovable possessions, the condition of dismissal must also be fulfilled. In order for the other owner to request an ecrimisil from the owner who uses the real estate with a shareholding or co-ownership, he must first have communicated his desire to benefit from the property. The condition of denial of usufruct has been fulfilled in terms of cooperation and shared ownership partnership, and the partner requesting ecrimisil has informed the defendant that he / she wants to benefit from the immovable property or income. In short, the partners, as a rule, cannot demand ecrimisil from each other unless they are banned from usufruct.

The Ecrimisil case may be filed at the Civil Court of First Instance where the property is located as a result of handoffs with these conditions.