Özel Bir Zorunlu Mecra Geçirme İrtifakı Olarak Elektronik Haberleşme Hukukunda Geçiş Hakkı (The right-of-way under electronic communications law as a special kind of predial servitude)

Bak, B. ORCID: https://orcid.org/0000-0003-2388-4796 (2018) Özel Bir Zorunlu Mecra Geçirme İrtifakı Olarak Elektronik Haberleşme Hukukunda Geçiş Hakkı (The right-of-way under electronic communications law as a special kind of predial servitude). Ankara University Faculty of Law Journal, 67 (4). pp. 657-697. ISSN 1301-1308

Abstract/Summary

The right-of-way gives the providers of electronic communications services the right to pass along (under, over, or above) a specific route through grounds or properties belonging to private and/or public persons; and to establish infrastructure necessary for electronic communications services. Although the right arises from agreements between the service providers and the landowners, the nature of electronic communications as a universal public service mandates that the service is delivered transparently, reasonably, and without discrimination, aligning with both national legislation and the relevant EU Directives. The right-of-way is, therefore, a public service, possessing unique characteristics. This paper examines the right-of-way in detail as outlined in land law provisions under the Turkish Civil Code and analyses the legal aspects and characteristics of the right in comparison with the servitudes under civil law. It analyses the right-of-way within the scope of the legislation regarding electronic communications and current EU debates on the topic, situating it within the broader discourse on public-private tensions.