İnönü Üniversitesi Hukuk Fakültesi Dergisi

Öz

In a violation of the right of property, the owner may request the delivery of the movable by filing a restitution action. The execution of this action is realized through the provision on the delivery of the movables regulated in Article 24 of the Enforcement and Bankruptcy Law. If the movable cannot be found in the debtor's possession, the seizure is continued over the value of the movable according to Art. 24/4. Although, concealment or collusive transfer of movables is quite easy in most cases. This is especially the case when the movable is an artwork or has a sentimental value for the parties. The wrongful possessor keeps the movable when a restitution action is brought against him, pays its value, perhaps gladly, and appears as the owner of the movable by using the court decision in his favor of the case he technically lost. The owner, on the other hand, is being made to believe that he will no longer be able to obtain the return of the movable due to the fraudulent behavior or negligence of the wrongful possessor, and is forced to be satisfied with its value. This situation leads to the result that the right of property, which is attributed great importance in our law, can easily be violated in practice. In our study, we have evaluated the remedies available to the owner in the event of such a possibility and then proposed a new legal provision.