The factual control exercised over a thing, protected by the legal order in various ways even where the possessor is not the owner.
All termsPossession (zilyetlik) is the factual control exercised over a thing. Unlike ownership it is not a right but a legally protected state of fact: both a tenant and a thief possess what they hold, though their legal positions differ.
Protection operates on two levels. A possessor may use proportionate force to repel dispossession or interference, and may sue for restitution of possession and prevention of interference. This protection rests on the factual situation rather than on entitlement; even the owner may not forcibly take goods from their tenant.
For movables, possession creates a presumption of ownership and underpins good-faith acquisitions. For immovables, long, uncontested and uninterrupted possession may lead to ownership through acquisitive prescription, which makes proof of possession decisive in disputes over unregistered land.
Mülkiyet ile karıştırılmamalıdır: mülkiyet hukuki bir haktır, buradaki kavram ise eşya üzerindeki fiilî hâkimiyeti anlatır.
The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.