COMPARISON OF THE WAYS OF PROTECTION OF PROPERTY IN TURKISH CIVIL LAW WITH OTTOMAN LAW

In this study, the ways of protecting possession in Ottoman law and the ways of protecting possession in Turkish civil law are compared and their similarities and differences are addressed. The result of this study is to open a horizon for the readers about the rules by which our ancestors protected their possession on their goods, how their perspective on possession changed over time and how there might be changes in the future. At the same time, it is targeted to explain how much are the similarities between the Mecelle Ahkam-ı Adliyye and the Turkish Civil Code in terms of ways of protecting possession, apart from minor differences in interpretation and perspective. In the study, evaluations are made regarding the protection of property through self-defense, legal ways and admi- nistrative ways. It will be easy to understand, even if there are minor differences, that the rules of protection of possession in general have remained and the traces of Ottoman law can be seen in our Turkish civil law. It can be concluded that the instinct to protect one’s possession on his goods has arisen with the existence of man, and due to this instinct, rules for the protection of property have been enacted because man wants to maintain his dominion over his property. A humble study has been made by making use of the sources related to the rules of shari and customary law applied during the Ottoman Empire and the books on Turkish Civil Law.