Décision judiciaire de Cour (Quatrième Section Comité), 17 mars 2015 (cas CEYLAN c. TURQUIE)
Conférencier: | YAVUZ B. |
Date de Résolution: | 17 mars 2015 |
Source: | Cour (Quatrième Section Comité) |
DEUXIÈME SECTION
DÉCISION
Requête no 26065/06Halil CEYLANcontre la Turquie
La Cour européenne des droits de l’homme (deuxième section), siégeant le 17 mars 2015 en une chambre composée de :
András Sajó, président,
Işıl Karakaş,
Helen Keller,
Paul Lemmens,
Egidijus Kūris,
Robert Spano,
Jon Fridrik Kjølbro, juges,et de Stanley Naismith, greffier de section,
Vu la requête susmentionnée introduite le 14 juin 2006,
Vu les observations soumises par le gouvernement défendeur et celles présentées en réponse par le requérant,
Après en avoir délibéré, rend la décision suivante :
EN FAIT
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Le requérant, M. Halil Ceylan, est un ressortissant turc né en 1947 et résidant à Ankara. Il a saisi la Cour le 14 juin 2006. Il a été représenté devant la Cour par Me B. Yavuz, avocat à Ankara.
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Le gouvernement turc (« le Gouvernement ») a été représenté par son agent.
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Les circonstances de l’espèce
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Les faits de la cause, tels qu’ils ont été exposés par les parties, peuvent se résumer comme suit.
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Le 21 décembre 1977, le requérant acheta à E.G. des parts d’un terrain indivis situé à Ankara, correspondant à 1 410/41 200. D’après les registres fonciers, le terrain, immatriculé sous le numéro de parcelle 495, présentait une superficie totale de 41 200 m². Les parts détenues par le requérant correspondaient dès lors à 1 410 m².
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Le 5 mai 1998, le service du registre foncier informa le requérant d’une erreur survenue en 1952, au moment de travaux cadastraux, dans le tracé des plans relatifs à plusieurs terrains, dont la parcelle 495. Il s’avérait que la superficie réelle du terrain était non pas de 41 200 m², mais de 4 102 m². Par conséquent, les registres avaient été modifiés et la part du requérant correspondait désormais à 143 m². Il fut par ailleurs notifié à l’intéressé que, s’il souhaitait contester la rectification des registres, il disposait d’un délai d’un mois pour saisir le tribunal d’instance de Gölbaşı.
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Le requérant ne contesta pas la rectification au motif, selon lui, que celle-ci semblait effectivement liée, comme l’affirmait l’administration, à une erreur de mesure ou de tracé survenue en 1952.
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Néanmoins, il introduisit, le 3 mai 2000, devant le tribunal de grande instance d’Ankara, une demande tendant à l’engagement de la responsabilité de l’État sur le fondement de l’article 917 de l’ancien code civil (« CC ») pour préjudice résultant de la tenue des registres fonciers.
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Par ailleurs, il assigna également le vendeur E.G. en justice sur la base de l’article 215 du code des obligations régissant la garantie en matière de vente immobilière. Plus tard, il renonça à cette action.
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Conformément à une jurisprudence de la Cour de cassation (Assemblée des chambres civiles, 26 novembre 1980, E...
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