PASSIVE HOSTILITY IN EXPROPRIATION CASES

While the plaintiff in the case of confiscation without expropriation is the person or persons who appear to be the owners in the title deed, the defendant is determined according to the principle of legal liability adopted by the 5th Civil Chamber of the Supreme Court of Appeals. Regardless of which administration seized the real estate, as of the date the case was filed, hostility should be directed towards whichever administration is responsible for the seizure. (Erdoğan Buyurgan & Emel Karabağ "Expropriation, Confiscation Without Expropriation and Cases Arising from Zoning Legislation, 2021, p. 1148)