Osmanlı Maden Hukukunda “Taharri Hakkı” ve Maden Nizamnamelerindeki Tekâmülü
The Right of Exploration in the Ottoman Mining Law and Its Evolution in Mining Regulations

Summary/Abstract: One of the three basic rights together with the right to operation and transfer in mining law is the right to exploration. This right for the exploration activities concerning the mine starts with the issuance of an exploration license and continues until the operating concession is received. In the Ottoman mining law, the rights and obligations of the right holder, who obtained the exploration license in this process, were determined by regulations. The activities in which the mine was discovered and made ready for operation were determined as the right of exploration in the regulations. The right of exploration, outlined in the 1861 Mining Ordinance, which was the first regulation in mining law, was developed in 1869 and 1887 mining regulations according to the needs of the sector. The basic arrangement in which every aspect of the exploration phase of the mine was evaluated was made with the Regulation of 1906. In this study, the exploration phase, which indicates the process between the discovery of the mine and securing of the operation tender, was investigated. The development of the right of exploration, which regulates the law between the administration and the prospector, in the mine regulations was thematically evaluated. It was aimed to find solutions to the problems of the sector by developing in every mining regulation the arrangements for the right of exploration in Ottoman mining law, despite its deficiencies.

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