CEMETERIES IN TURKISH LAW

Since we can talk about the cemetery, it is necessary that the place must carry the qualification of cemetery. These places bearing the graveyard must also be assigned to the burial of the deaths by the administration. Public cemeteries belonging to a municipality or village legal entity are included in the public goods between public goods and private goods. For this reason, the public law regime applies to these places. The public cemetery whose property belongs to the municipality or village legal entity should be discussed in public goods. Unless a decision for explicit dismiss is made, the abodoned cemetery is also servitude property, like a public cemetery. Ownership may be established on public cemeteries owned by municipal or village legal entities. According to doctrine and judicial decisions, public legal entities have public ownership over public goods. However, even if municipal or village legal entities have the right to own property on public cemeteries, this right of property shall not be given by all the authorities granted by the right of property, in the sense of private law. The municipal or village legal entities may not transfer the property right of public graveyards. In this respect, limitations have been imposed on the municipal or municipal legal entities in terms of acts of disposal. Also, public cemeteries whose property is owned by a municipality or a village legal entity can not be used for any purpose other than the principal goals. In this respect, municipalities or village legal entities which are the owners are also restricted in terms of acts of disposal. On the other hand, there are limitations that have been brought about because these places are public properties. For example, public cemeteries whose property is owned by municipal or village legal entities are not eligible to acquire by means of prescription. The reason why these places can not be won through prescription is that private property is not available.