To secure the initial funds for the film production at Kanun, Širvānlu proposed a profit-making “showcase” by inviting a branch of the renowned. “Kanun of Leke”). The oral tradition . suffering, and to say that order will inevitably emerge from periods of chaos says nothing about [Vol. This content downloaded from on Mon, 17 Dec 50 UTC. 52 “Teşkilat-ı Mehakim Kanun Muvakkatı (27 C )”, Düstur, 1st Collection . Istanbul: Institut français d’études anatoliennes. doi/
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The fifth article specified further his functions: Is it an older judiciary actor reformed in the Tanzimat period?
Alexander to investigate kanhn affairs of Halil Bey who usurped and consolidated under his control tax farms of Morea province. The common point in both cases is the appointment of not a local but an outsider official in the resolution of a political-administrative-judiciary problem. Indeed, central administration, as it expanded its bureaucracy, increased its correspondence with the provinces to establish more uniform rules across the Empire: Compared to the period before aboutthe volume of Sultanic commands increased at an exponential rate.
Indeed, what the Tanzimat brought about was a qualitative transformation of economic, social and political relations in the provinces, the power basis was no longer farming-out but property-holding; older power groups were redefined in the new regime as property holders and those who could register and certify properties in their own name joined them.
His judiciary work resulted in the kannun of the two parties. After Tanzimatlocal councils functioning on the province and county level had not only executive but also judicial power. In theory, as the local administrative and judicial authority, it was the provincial councils that were to hear cases of property disputes and settle them.
The work consisted of checking property certificates and determining property limits. According to the regulation, always in conformity with the Tanzimat policies, it was the local officials and councils that would represent general interest over individual ones, determine limits of individual properties land, vineyard, arable field, house, etc.
But he had acquired just before the Land Code, in an administrative role: As observed in the early years of the Tanzimatpeasants claimed their possession rights on lands they cultivated and houses in which they lived just as absentee notables claimed their exclusive property rights on lands and houses. Accordingly, it was under the supervision of the councils that property registers were to be prepared during cadaster or cadastral updating yoklama and property certificates were to be distributed and approved.
Nevertheless, as the cadastre of the Empire followed a nonlinear path in a conflictual context of transforming property regime 42it was often problematic to provide written proofs to solve disputes over possessions. Unfortunately, we do not know anything more about the fate of the litigation.
It decided in that certificates already delivered would be registered officially in the registers of defterhane but those to be delivered thereafter would not be considered as valid.
Every one can take benefit from a thing, which is free to be used by the public, but on the condition that he does not cause damage to another article One person cannot prevent another person from taking a thing which is free to be used by the public article Property, real and personal, of lawful title, is guaranteed.
There can be no dispossession, except on good public cause shown, and subject to the previous payment, according to law of the value of the property in question. The domicile is inviolable.
The authorities cannot break into any dwelling except in cases prescribed by law. It was these general categories that would be applied in the judicial courts and administrative councils in forging the new property regime that would concern all the subjects of the Empire.
KĀNUN viii. The Pioneers and Promoters – Encyclopaedia Iranica
The law of on the organization of nizamiye courts, in parallel with older Tanzimat legislation, gave to local courts starting from the district level the judicial power of hearing property cases articles 8 to A decree dated 4 April declared that cases of property disputes would be heard in the nizamiye courts of either first instance or appeal in the presence of cadastral officials and examined and judged according to the Land Code of and the regulation of on miri property certificates 55.
A decree dated 2 April pronounced that property cases should be heard in the nizamiye courts 56. Ina decision of the Council of State, sent to the provinces, stated that cadastral officials of the provincial administration were responsible for the implementation of the regulation of miri property certificates and therefore should be present during the sessions of miri property disputes in the nizamiye courts 60.
Indeed, the Code of Civil Procedure ofin spite of the 89 th article of the Constitution, did not even mention his name.
The naib with other experts was to make investigation and prepare a report to be presented to the disputing parties and to the court.
A party who could not present certificates would have to seek recourse to the court. In case of an eventual intervention into a property, the examination of property certificates was essential and it was first the local council that would examine the affair in order to determine the possessor zilyed Only if any dispute on property persisted between two parties whether holding property certificates or not after administrative decision that the case would be brought by the claimants to the appropriate court and pursued on each court level until the final decision was reached.
The Law on Disposal Rights of Immovable Property prescribed the absolute priority of property certificates in property disputes.
Was it local councils or local courts that were to hear property cases on them? If the Constitution did not acknowledge any other authority than local courts, how could the governor give the first instance to the administrative councils?
This was a direct reflection of economic and political conflicts into the administrative and judiciary realm. Every affair shall be judged by the tribunal to which the affair knun.
Suits between private persons of the State are within the competence lanun the ordinary tribunals; Article Besides the ordinary tribunals there cannot be instituted under any denomination whatever extraordinary tribunals or commissions for judging certain special affairs.
State, Province, and the Westvol. Crime, Criminals, and the Ottoman State: Studies in Old Ottoman Criminal Lawed. A History of Islamic Legal Theories: Contingency in a Sacred Law: Society and Politics in an Ottoman town: Landlords, Nomads and Refugees: Brigandage and Public Order in the KnunAthens, [s.
Başbakanlık Mevzuatı Geliştirme ve Yayın Genel Müdürlüğü
See Gilles Veinstein, Similarly, the article 59 of the same Code refers to the arbitration in the cases of insurmountable disputes on the line of the chapter of the Mecelle concerning the arbitrage. Inthe central administration preferred a judiciary solution in property disputes instead of an administrative solution, see Kanuh.
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