%0 Journal Article
%T ENJOYMENT OF LOST PROPERTY OR PROPERTY OBTAINED BY MISTAKE
%A Ahmet KILI£¿
%J -
%D 2018
%X The conditions for the acquisition and loss of the right of property are regulated in the Turkish Civil Code. Without these conditions, acts leading to dominance over property will be illegal, as they will violate the right of property. Various sanctions are envisaged for these acts that violate the property right, but some of these acts have been criminalized as they are deemed worthy of punishment. ¡°Enjoyment of lost property or property obtained by mistake¡± is one of the types of criminal penalties for interfering with the right of property. The concepts of lost property or property obtained by mistake that constitute the subject of this crime, as well as the obligation of return and notification, are directly related to the provisions of the private law. For this reason, in addition to the provisions of criminal law, the provisions of private law are also important in determining the material elements of typicality. On the other hand, the closeness between other types of crimes committed against property, mainly theft, and the crime concerned, may cause one to be uncertain in terms of which crime the committed act is typical of and may cause the perpetrator to be identified falsely. For this reason, it is necessary to examine the elements of enjoyment of lost property or property obtained by mistake and to determine the consequences of the mistake as a criminal justice institution in terms of this crime
%K Kaybolmu£¿ e£¿ya
%K hata sonucu ele ge£¿mi£¿ e£¿ya
%K unutulmu£¿ e£¿ya
%K tasarrufta bulunma
%K mu£¿lkiyet hakk£¿
%K h£¿rs£¿zl£¿k
%U http://dergipark.org.tr/ybuhukuk/issue/38898/454441