Proceedings of the 16th International Academic Conference, Amsterdam

REGISTERS IN TURKISH CIVIL LAW AND THE FUNCTIONS OF THEM

SINAN SAMI AKKURT, ALPER UYUMAZ

Abstract:

The registration states enrolment of some information and documents that has a great importance diversely. Also, register states the enrolled place of this information. However, records are registries appeared with being preserved and kept by governmental officers for a variety of reasons. Records using Turkish Civil Code as a base are land registry, born, death and marriage registry, retention of title registry and cattle pledge registry. On the other hand, records using other Turkish Codes are gradable as commercial registry, traffic registry, ship registry, aircraft registry, mine (ore) registry, commercial enterprise pledge registry, brand registry and patent registry. In fact, the aim of giving a place to registers in a law system is to clarify some subjects. The function of publicity, even if it is not in question for all above mentioned registers, states the most substantial function of a record system. When publicity is said, it must be understood that registrations in relevant record are supposed to be known by everyone. This assumption is an absolute presumption. To be unfamiliar with this situation is not being accepted as an excuse. The function of confidence as a derivative and continuation of this function may be indicated. The function of confidence is the acknowledgement of information in records that is assumed to be known by everyone and the protection of rights had by relying on these records. It cannot be raised an object, if they satisfy the conditions, to right of people that is gaining it based on these assumptions.

Keywords: register, land register, publicity, trust priciple, registers in Turkish Civil Code

DOI: 10.20472/IAC.2015.016.004

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