What Are Limited Rights In Kind?
Limited real rights are the next subject of the law of tangible property after the right of ownership constitute Limited real rights are regulated under Articles 779-972 of the Turkish Civil Code regulated. Limited real rights are regulated in accordance with the systematics of the Turkish Civil Code firstly easement rights, then immovable burden and finally pledge rights respectively will be analysed.
Lımited real rights do not grant full and broad powers to the owner, such as the right of property, but limited are real rights that grant authorisations. Real rights other than property rights are defined in the doctrine and in the new Civil Code The reason why it is called “limited real rights in rem” is that the right of ownership recognises the right to use, benefit and not all, but only one or more of the powers to dispose of the rights to their owners. As it is known, “using” the property right in favour of the owner, There are three types of authorisation: “benefiting” and “disposing”. Limited real rights, on the other hand, sometimes entitle their holders to exercise only one of these powers, i.e. to use or utilise sometimes both, for example, both the right to use and the right to benefit.
As a matter of fact, usufruct right, which is a limited real right, authorises its holder to use and the right to benefit from a building (TMK. art. 794); the right of residence (succour), on the other hand, is the right to benefit only from a building (TMK. art. 794). or a part thereof as a residence (TMK. art.823).
The main types of limited real rights are easement rights, immovable burden and pledge rights divided into three.
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