Çeviri  [MK. 164] İngilizce Çeviri

(AMENDED ARTICLE Act No: 6217 Dated:March 31,2011 Article No:19) In case one of spouses has deserted the other one with the purpose of not to perform his or her obligations arising from union of marriage and not returned to joint residence without a just cause, separation has lasted at least six months and that situation still continued and notification which has been made by judge or notary upon request has failed;the spouse who has been deserted, may file a suit for divorce.The spouse who forced the other to leave joint residence and prevented him or her to return to joint residence without a just cause, is also deemed deserted. Upon request of the spouse who has right to file action, judge or notary warns the spouse who has deserted in a legal warning issued without examining basis that he or she is required to return to joint residence within six months and about consequences to arise in case of being not returned. That legal warning is made through publication when necessary. However, it can not be made request for legal warning to file a divorce suit unless fourth month of given period expired and it can not be filed a suit for divorce unless elapsed two months after legal warning.

 Çeviri  [MK. 181] İngilizce Çeviri

Divorced spouses may not be legal heir of each other with this capacity and lose the rights provided them through testamentary dispositions which have been made prior to divorcement, unless otherwise understood from disposition. While divorce case is continuing, in case one of legal heirs of deceased spouse continued to the case and being evidenced fault of the other spouse, provision of the above paragraph is applied too.(AMENDED ARTICLE Act No:6217 Date:March 31,2011 Article No:19)

 Çeviri  [MK. 191] İngilizce Çeviri

Decision concerning cancellation or limitation of representation authority, may be altered by judge when conditions have changed upon request of one of spouses. If the first decision published, the decision concerning alteration shall also be published .

 Çeviri  [MK. 231] İngilizce Çeviri

Surplus value, is the remaining amount after subtraction of debts regarding acquired properties of each spouse from total value of those properties including amounts acquired from addition and equalisation as well. Value decrease is not taken into consideration.

 Çeviri  [MK. 255] İngilizce Çeviri

In case of death of one of spouses, if there have been household goods or home in which the spouses lived together between properties subject of partitioning; surviving spouse, may request to be vested to him or her the right of ownership over them by being made set-off to his or her right arising from inheritence and partitioning, if that does not suffice, by being added charge. In case there have been just causes, on request of surviving spouse or one of other legal heirs of deceased one, it may also be decided to be vested right of usurfruct or habitation in place of ownership. Surviving spouse, may not enjoy those rights in sections which legator performed a profession or craft or which it has been necessary for being performed the same profession or craft by one or his or her descendants. Statutes of law of succession concerning agricultural real estates are reserved.

 Çeviri  [MK. 258] İngilizce Çeviri

Spouses, may accept a community comprised of acquired properties only by a contract of property regime. Incomes of personal properties are also included in that community.

 Çeviri  [MK. 310] İngilizce Çeviri

Consent, may not be given unless six weeks have elapsed from birth of minor. Consent, may be revoked within six weeks commencing from the date of being taken down on record by the same process. Consent given again after revoking is certain.

 Çeviri  [MK. 305] İngilizce Çeviri

Adoption of a minor depends upon the condition of being cared and educated during a period of one year by adopter. Adoption has to be in the interest of the minor in any case and interests of other children of adopter must not also be damaged incongruously to equity.

 Çeviri  [MK. 309] İngilizce Çeviri

Adoption, necessitates consents of mother and father of minor. Consent, is taken down on record by being explained verbally or in written at the court where minor or his/her mother and father have resided. Consent given, is valid even though names of adopters have not been expressed or adopters have not been determined yet.

 Çeviri  [MK. 308] İngilizce Çeviri

It is essential that adopted must be younger than adopter at least eighteen years. Minor having discretion, may not be adopted without his or her consent. Minor who is under guardianship, may be adopted with the permission of his or her authority of guardianship unless regarding that he or she has discretion.

 Çeviri  [MK. 307] İngilizce Çeviri

Any unmarried person may adopt child singly if he or she has completed thirty years of age. The spouse who completed thirty years of age, may adopt singly because of deprivation of the other spouse from discretion permanently or that there has not been known where he or she is for more than two years or has been proved by court decision that it has not been possible to adopt child jointly since he or she has been living apart from his or her spouse for more than two years.

 Çeviri  [MK. 306] İngilizce Çeviri

Spouses, may only adopt child jointly; unmarried ones may not adopt jointly. Spouses must have been married to each other for at least five years or completed thirty years of age. Any of spouses, may adopt child of the other provided that they have been married for at least two years or he/she has completed thirty years of age himself/herself.

 Çeviri  [MK. 304] İngilizce Çeviri

Mother, may request to be covered the following expenses by father or his legal heirs in action of paternity or separately; 1. Expenses of birth, 2. Expenses of subsistence for each six weeks before and after birth, 3. Other expenses which pregnancy or birth necessitated. Even though child has been born dead, judge may decide these expenses to be covered. Payments made to mother by third persons or social security institutions, are deducted from compensation in equity extent.

 Çeviri  [MK. 303] İngilizce Çeviri

Action of paternity, may be filed before or after birth of child. Right of action of mother, expires by being elapsed one year commencing from birth. If there has been appointed trustee to child after birth, period of one year regarding child, starts to run at the service date of appointment to trustee; if no any trustee appointed, at the date on which child has become major. If there has been lineage tie between child and another male, the period of one year starts to run at the date on which that relationship ceased to exist. If there have been causes justifying delay after the period of one year elapsed, it may be filed action in one month commencing from disappearing of cause.

 İçtihat  [MK. 194] Yargıtay 2.Hukuk Dairesi 2005/4553 Esas 2005/7237Karar

Taşınmazın üzerinde eylemli olarak binanın mevcut olduğu belirlendiğine ve bu binanın aile konutu olarak kullanıldığı tesbit edildiğine göre, tapuda cinsinin "arsa" olarak gösterilmiş olması, Türk Medeni Kanununun 194/3. maddesi anlamında aile konutu şerhi verilmesine engel değildir.

 Bilgi  [MK. 196] Gerekçe; Madde İsviçre Medenî Kanununun 173 üncü maddesinin yeni hükmü göz önünde tutulmak suretiyle değiştirilerek yeniden kaleme alınmıştır. Burada eşlerin birlikte yaşamları devam ederken, hâkimin alacağı özel bir önlem hükme bağlanmıştır. Bu hükümle eşlerin evlilik birliğinin devamı sırasında ailenin geçimi için gerekli olan parasal katkıya ilişkin önlem öngörülmüştür. Hâkimin, parasal katkıda bulunma kararı verirken göz önünde tutması gereken ölçüler ikinci fıkrada belirlenmiştir. Bu fı...

 Çeviri  [MK. 302] İngilizce Çeviri

Having sexual relation of defendant with mother between three hundredth day and a hundred and eightieth day before birth of child, is deemed presumtion of paternity. Even though out of that period, if it has been determined that the defendant has been in sexual relation with mother during actual conception period, the same presumtion is valid. If the defendant proves that paternity of child of him is impossible or probability of paternity of a third person is further than that of him, the presumtion loses its validity.

 Çeviri  [MK. 301] İngilizce Çeviri

Mother and child may request to be determined lineage tie between child and father by court. Action is filed against father, if the father died, against his legal heirs. Action of paternity is notified to Public prosecutor and the Treasury; if the action filed by mother, to trustee; if filed by trustee, to mother.

 Çeviri  [MK. 300] İngilizce Çeviri

Right of action of recognizant, expires by being elapsed one year commencing from the date of discovery of ground of annulment or the date on which influence of fear vanished and in any case five years from recognition. Right of action of the persons concerned, expires by being elapsed one year commencing from the date on which the plaintiff discovered recognition and that he can not be father of child and in any case five years from recognition. Right of action of child, expires by being elapsed one year commencing from becoming major. If there has been cause justifying delay despite the periods above elapsed, it may be filed action in one month commencing from disappearing of cause.

 Çeviri  [MK. 299] İngilizce Çeviri

Plaintiff, has to prove that the recognizant has not been father. Burden of proof in action of annulment filed by mother and child claiming that the recognizant has not been father, arises after the recognizant has called convincing evidences that he has been in sexual relation with mother in the period of conception.

 Çeviri  [MK. 298] İngilizce Çeviri

Mother, child and in case the child died, his or her descendants, Public prosecutor, the Treasury and other persons concerned may claim annulment of recognition. Action is filed against recognizant, if recognizant died against his or her legal heirs.

 Çeviri  [MK. 297] İngilizce Çeviri

Recognizant, may claim annulment of recognition on the ground of error, fraud or intimidation. Action for annulment is filed against mother and child.

 Çeviri  [MK. 296] İngilizce Çeviri

The registrar, judge of peace, notary or judge opening will to whom has been made declaration, notifies recognition to registry offices of births which father and child have been registered. And registry office of births which child has been registered, notifies recognition to child, his or her mother, if child is under guardianship, to guardianship authority.

 Çeviri  [MK. 295] İngilizce Çeviri

Recognition occurs by written application to registrar or court of father or by his declaration made in formal deed or in his will. If the person who declared recognition is minor or ward of court, consent of custodian or guardian of him is also required. Child who has lineage tie with another male, may not be recognized unless that tie has been made void.

 Çeviri  [MK. 294] İngilizce Çeviri

Legal heirs of father and mother, child and Public prosecutor may raise objection to be formed lineage tie through getting married later on. Person who raises objection, must prove that the husband has not been father. Descendant of child, has also right of objection in case the child has died or lost discretion permanently. Provisions concerning annulment of recognition shall apply mutates mutandis.

 Çeviri  [MK. 293] İngilizce Çeviri

Spouses, are obliged to notify their joint children born out of marriage, during getting married or after marriage, to the registrar of their places of residence or the place where marriage has been performed. Being not has been made notification, does not prevent the child to be subjected to provisions regarding legitimite children. Registrar makes required process ex officio when father and mother of children whose lineage ties formed by recognition or decree of paternity, have gotten married to each other.

 Çeviri  [MK. 292] İngilizce Çeviri

Child who born out of marrige, becomes spontaneously subjected to provisions regarding legitimite children in case his or her father and mother have gotten married to each other.

 Çeviri  [MK. 291] İngilizce Çeviri

In case that husband has died or been decided absence of him or lost discretion permanently before lapse of period to file action, descendants, mother or father of the husband or the person asserting that he has been father, may file action of refusal of lineage tie within one year commencing from discovery of birth and husband's death or that he has lost discretion permanently or has been decided absence of him. Trustee to be appointed to child minor, files action of refusal of lineage tie within one year commencing from service of decision of appointment to himself/herself, in any case within five years commencing from birth. Provisions concerning action of refusal of lineage tie to be opened by husband, shall apply mutates mutandis.

 Çeviri  [MK. 290] İngilizce Çeviri

If child has been born within three hundred days commencing from dissolution of marriage and mother has remarried meanwhile, the husband in the second marriage is deemed father. If this presumption is rebutted, the husband in the first marriage is deemed father.

 Çeviri  [MK. 289] İngilizce Çeviri

Husband, has to file action within one year (REPEALED PHRASE Official Gazette: October 07,2009 Official Gazette No: 27369 the Court of Constitution Date:25.06.2009 Docket No: 2008/30 Decree No:2009/96) commencing from the date on which he discovered birth and that he has not been father or mother had sexual relation with another male when conceived. Child, has to file action within at latest one year commencing from the date on which he or she has become major. If the delay relied upon a just cause, the period of one year starts to run on the date which that cause disappeared.

 Çeviri  [MK. 288] İngilizce Çeviri

If child, has been conceived before marriage or while living apart, the plaintiff does not have to bring any other evidence. If there have been convincing proofs in relation to having sexual relation of husband with his wife during the period of conception, the presumption regarding paternity of husband maintains its validity.

 Çeviri  [MK. 287] İngilizce Çeviri

If child has been conceived within marriage, the plaintiff must prove that the husband has not been father. Child is deemed conceived within marriage who born after at least one hundred and eighty days elapsed commencing from getting married and within at the latest three hundred days commencing from dissolution of marriage.

 Çeviri  [MK. 284] İngilizce Çeviri

In actions concerning lineage tie, the Civil Procedure Code is applied provided that the following rules are reserved; 1. Judge searches material facts ex officio and evaluates evidences freely, 2. Parties and third parties, are obliged to give consent to research and examinations requisite and not creating hazard for their health in determination of lineage tie. If defendant does not consent to research and examination which judge prescribed, judge may deem that the consequence which is being expected from them according to the situation and conditions has arisen against him or her.

 Çeviri  [MK. 286] İngilizce Çeviri

Husband may rebut presumption of paternity by filing action of refusal of lineage tie. That action is filed against mother and child. Child has right of action too. That action is filed against mother and husband.

 Çeviri  [MK. 285] İngilizce Çeviri

The father of the child who born during marriage or within three hundred days commencing from dissolution of marriage, is the husband. Binding of the child to the husband born after that period has elapsed, depends upon proving that the mother has been conceived during marriage. In case there has been decided to absence of the husband, the period of three hundred days starts to run from the date of peril of death or last hearing.

 Çeviri  [MK. 283] İngilizce Çeviri

Actions concerning lineage tie are filed at the court of residence place of any of parties at the time of action or birth.

 Çeviri  [MK. 282] İngilizce Çeviri

Lineage tie between child and mother is formed by birth. Lineage tie between child and father, is formed by marriage with mother, recognition or decree of judge. Lineage tie is also formed by way of adoption.

 Çeviri  [MK. 281] İngilizce Çeviri

In other cases the provisions concerning joint ownership and partitioning of the estate shall apply mutates mutandis.

 Çeviri  [MK. 280] İngilizce Çeviri

Any spouse, may request to be vested to him or her other values of assets too by being made set-off to his or her share by proving that he or she has a superior benefit.

 Çeviri  [MK. 279] İngilizce Çeviri

If home in which they live together or household goods are included in properties of community, the surviving spouse, may request to be vested him or her ownership of them by being made set-off to his or her share. In case there have been just causes, on request of surviving spouse or other legal heirs of deceased one, it may be vested right of usurfruct or habitation over them in place of ownership. In case community of property regime has ended due to a cause except death, either of spouses may set forth the same requests by proving that he or she has a superior benefit.

 Çeviri  [MK. 278] İngilizce Çeviri

In case community of property has ended because of death of any of spouses, serviving spouse may request to be given him or her the properties which deemed as his or her personal properties in the regime of participation to acquired properties by being made set-off to his or her share.

 Çeviri  [MK. 277] İngilizce Çeviri

In cases where passed into separation of properties on the grounds of divorcement or annulment of marriage or by court decison or law, each spouse retakes the properties which deemed as his or her own personal ones in the regime of participation to acquired properties from properties of community. Remaining properties of community are partitioned between spouses in half and half. Contracts concerning alteration of legal partitioning, are only valid in case provided clearly by contract of property regime.

 Ses Dosyası  [MK. 628] MK. 628 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [MK. 627] MK. 627 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Çeviri  [MK. 276] İngilizce Çeviri

In case community of properties has ended because of death of any of spouses or acceptance of any other property regime, half of properties of community is granted to each spouse or his or her heirs. It may be agreed on another rate of partitioning by contract of property regime. This kind of contracts may not injure reserved portions of descendant.

 Ses Dosyası  [MK. 626] MK. 626 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Çeviri  [MK. 275] İngilizce Çeviri

When property regime has ended, the time of dissolution is taken in evaluation of existing properties of community as basis.

 Çeviri  [MK. 274] İngilizce Çeviri

If there have been contributed to acquisition, betterment or protection of personal property or property of community and value of assets included in another property category of a spouse, the provisions concerning share of value increase in the regime of participation to acquired properties shall apply.

 Ses Dosyası  [MK. 625] MK. 625 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Çeviri  [MK. 273] İngilizce Çeviri

If debts of a spouse regarding personal properties have been paid from properties of community or debts regarding properties of community from personal properties, it may be requested equalization in the course of dissolution. Each debt, puts property category to which it has been related under liability. Any debt that could not has been understood to which category it belonged, is deemed related to properties of community.

 Çeviri  [MK. 272] İngilizce Çeviri

Lump sum payments made by social security or social welfare institutions or compensation paid due to loss of labour force to any one of spouses, whatever value of endowment belonging to the next term that converted to advance capital at the date on which property regime ended to be if it had been provided life time endowment according to the procedure applied by relevant social security or social welfare institution in place of lump sum payment or compensation, are taken into consideration as personal property on that amount in dissolution.

 Çeviri  [MK. 271] İngilizce Çeviri

Property regime, ends upon death of one of spouses or acceptance of another property regime or being opened of bankruptcy about one of spouses. In cases where has been decided dissolution of marriage due to annulment or divorcement or to be passed into separation of property by court, property regime also ends by being valid from the date of filing suit. In determination of contents of properties of community and personal properties, the date on which community of property ended is taken as basis.

 Çeviri  [MK. 268] İngilizce Çeviri

Either of spouses, is liable from following debts with his or her personal and community properties; 1. From debts incurred pursuant to power of representation of union of marriage or administration of properties of community, 2. From debts incurred because of performing of a profession or craft by being used properties of community or incomes which are included in properties of community, 3. From debts which create personal liability for the other spouse too, 4. From debts incurred by spouses by agreeing with third parties that there would be liable properties of community beside personal property.

 Çeviri  [MK. 267] İngilizce Çeviri

Either of spouses, is entitled to administrate his or her own personal properties and dispose of them within legal limits. If there have been incomes included in personal properties, administrative expenses are covered from those incomes.

 Çeviri  [MK. 22] İngilizce Çeviri

Being stayed in a place in order to attend to an educational institution or being placed in educational, medical, nursing or penal institution, does not conclude acquisition of a new place of residence.

 Çeviri  [MK. 270] İngilizce Çeviri

Property regime, does not prevent becoming due of debts between spouses. Nevertheless if fulfilment of an obligation will put the debtor spouse into important hardships to the extent that endangering union of marriage, that spouse may ask for time for payment. If the case and conditions necessitating, judge charges the spouse who has requested to provide assurance.

 Çeviri  [MK. 269] İngilizce Çeviri

Each spouse, is deemed liable from all other debts with his or her own personal properties and as much as half value of properties of community. Requests arising from enrichment of community are reserved.

 Çeviri  [MK. 266] İngilizce Çeviri

In case community of property has ended, either of spouses is liable as representative due to transactions concerning property of community. Administrative expenses are covered from properties of community.

 Çeviri  [MK. 265] İngilizce Çeviri

Neither any of spouses can disclaim inheritence that will enter into properties of community without consent of the other, nor he or she can accept inheritance if heritage has been deeply in debt. If there can not has been possible to get consent of the other spouse or the request in this regard is refused by him or her without a just cause, the spouse who requested may apply to the court of his or her own place of residence.

 Çeviri  [MK. 264] İngilizce Çeviri

If any of spouses, performs a profession or craft separately by using properties of community with consent of the other, he or she may make all legal transactions regarding that profession or craft.

 Çeviri  [MK. 263] İngilizce Çeviri

In matters apart from ordinary administration, spouses may only put community under obligation or dispose of goods together or by one of them receiving consent of the other. That consent is deemed existent for third parties who do not know or have not been in a position to be able to know that the consent is non-existent. Provisions concerning representation of union of marriage are reserved.

 Çeviri  [MK. 260] İngilizce Çeviri

Personal properties, are specified by contract of property regime, disposition made without consideration by third party or law. Goods allocated merely for personal use of either of spouses and receivables for spiritual damages are personal properties of him or her by operation of law. Values of assets that a spouse may request as reserved portion, to the extent that they have been included in community by contract of property regime, may not be made acquired to him or her as personal properties by legators of him or her.

 Çeviri  [MK. 262] İngilizce Çeviri

Spouses, govern properties of community in accordance with interest of union of marriage. Within ordinary administration limits, each spouse may put community under obligation and dispose of common properties.

 Çeviri  [MK. 261] İngilizce Çeviri

Unless proved that they have been personal properties of a spouse, whole values of assets are deemed properties of community.

 Çeviri  [MK. 259] İngilizce Çeviri

Spouses, may exclude certain values or kinds of assets, especially real estates, earnings of a spouse, the properties which he or she used for performing a profession or craft from community by contract of property regime. Incomes of those properties are not included in community, unless otherwise provided by contract.

 Çeviri  [MK. 257] İngilizce Çeviri

In general community of property, properties except ones assumed personal property by operation of law and incomes of spouses constitute properties of community. Spouses possess properties of community as a whole undivided. Neither of spouses, is entitled to dispose of his or her share of community.

 Çeviri  [MK. 256] İngilizce Çeviri

Community of property regime, comprises properties of community and personal properties of spouses.

 İçtihat  [MK. 194] Yargıtay 2.Hukuk Dairesi 2010/2181 Esas 2010/4360 Karar

Taşınmazın kooperatif üyeliği kaydına aile konutu şerhi konulması doğrudur.

 Çeviri  [MK. 248] İngilizce Çeviri

Each spouse, receives his or her properties back in the possession of the other spouse. When separation of shared property regime has ended, the spouse who proved that he or she has a stronger benefit, besides other measures, he or she may request to be given the property which is under joint ownership by means of giving her spouse its consideration of his or her share that is of payment date.

 Çeviri  [MK. 250] İngilizce Çeviri

The properties which has been acquired by one of spouses after formation of separation of shared property regime and allocated to joint utilization and benefit of family and investments aimed at assuring economic future of family or values substituting them are shared between spouses equally in case property regime has ended. Economic integration of enterprises are taken into consideration in partitioning. This provision shall not apply about claims of compensation of spiritual damages, properties acquired through inheritance, and properties acquired through inter vivos or testamentary dispositions, unless contrary has been understood from express will of one who made disposition without consideration.

 Çeviri  [MK. 251] İngilizce Çeviri

In case that any of spouses has been disposed of a property before partitioning without consideration with the intention of diminishing share of the other spouse, judge determines equalization charge that the other spouse will receive in accordance with equity. Dispositions without consideration except ordinary presents made without consent of the other spouse within one year prior to termination of property regime are assumed made with the intention of diminishing share of that spouse. Decision of court in disputes concerning this kind of dispositions made, may also be brought forward against third parties who made benefit from disposition made on condition that they have been notified of proceeding.

 Çeviri  [MK. 249] İngilizce Çeviri

If any of spouses has contributed to acquisition, betterment or protection of a property which belonged to the other spouse and has been excluded from being partitioned without receiving anything or a proper substitute; in case that property regime has ended, he or she may request to be given a fair worth in proportion to his or her contribution. The same system, is valid for values substituted for property that has been excluded from being partitioned.

 Çeviri  [MK. 254] İngilizce Çeviri

In case that marriage has been terminated by decision of annulment or divorce, the spouses may agree on which one will continue to stay at home that subject of partitioning equally between spouses and to use household goods. The spouse who acquired right of staying at home, may request that right to be put as annotation to the book of real estate registers. In case that spouses could not have been agreed on which one will continue to stay at home and use household goods, if equity necessitates, judge may decide ex officio with the decision of annulment or divorce that which one will possess that right, by taking into consideration features of the fact, economical or social situations of spouses, and interests of children, if there are; notifies title deeds registry office to put annotation determining period of staying and usage in that decision. Unless judge has decided otherwise, the right is extinguished at the end of determined period automatically. However, in case an alteration happened in situation of benefiting party before termination of that period, the other party may request judge to be reviewed the decision. If the spouses have been living at home with rent, judge may decide the spouse who does not have capacity of tenant to stay at home, when necessary. In this case, it is decided ex officio to be done required arrangement in order to secure rights of renter arising from contract with the decision of annulment or divorce.

 Çeviri  [MK. 253] İngilizce Çeviri

It is essential that partitioning should be made in kind. If that not possible, shares are equalized by being added charge. Charge that one of spouses will pay the other, is calculated according to current market rates of properties at the time of dissolution. The debts arising from acquiring of properties subject of sharing, are subtracted in this calculation. If payment of charge of equalization on short notice will bring forth serious difficulties for himself/ herself, the debtor spouse may request postponement of his or her payments for an appropriate period. If there has not been contrary agreement, interest is applied to charge of equalization commencing from termination of dissolution; if the situation and conditions necessitate, it may also be requested assurance from debtor.

 Çeviri  [MK. 252] İngilizce Çeviri

In the event of divorce on the ground of adultery or attempt on life, judge may decide reducing or termination of share of faulty spouse in pursuant of equity.

 Çeviri  [MK. 247] İngilizce Çeviri

Property regime, ends upon death of one of spouses or acceptance of another property regime. In cases where has been decided dissolution of marriage due to annulment or divorcement or to be passed into separation of property by court, property regime also ends by being valid from the date of filing suit.

 Çeviri  [MK. 246] İngilizce Çeviri

Any one of spouses, is liable for his or her own debts with his or her whole assets.

 Çeviri  [MK. 245] İngilizce Çeviri

Any person asserting that a certain property has been belonged to one of spouses, must prove his or her assertion. Properties that could not have been proved to which spouse they are belonged, are deemed under their joint ownership.

 Çeviri  [MK. 244] İngilizce Çeviri

Any one of spouses, maintains his or her rights of administration, utilization and disposal over his or her assets within legal limits.

 Çeviri  [MK. 243] İngilizce Çeviri

Provisions concerning regime of separation of shared property shall apply in subjects of proof, liability from debts and allocation of property under joint ownership.

 İçtihat  [MK. 725] Yargıtay 1. Hukuk Dairesi, Esas: 2010/8438, Karar: 2010/10428

Temyize konu davada taraflar, komşu parsel malikleridir ve yekdiğerine taşkın yapılandıkları sabittir. TMK m.725'in uygulanmasının ön şartı iyiniyettir ve iyiniyet şartının gerçekleşmemesi halinde mahkemece, yıkımın aşırı zarar doğurması ve ifraz şartlarının araştırılmasına gerek yoktur.

 İçtihat  [MK. 724] Yargıtay 14. Hukuk Dairesi, Esas: 2010/4379, Karar: 2010/7458

TMK m.724'e mesnetle malzeme sahibinin temliken tescil talebinin kabul edilebilmesi için: 1- Malzeme sahibi (yapıyı yapan), TMK m.3 anlamında iyiniyetli olmalıdır (tapulu taşınmazlarda iyiniyet iddiasının kabulü olanaklı değildir), 2- Yapının kıymeti, taşınmazın değerinden açıkça fazla olmalıdır, 3- Malzeme sahibi (yapıyı yapan), taşınmaz malikine uygun bir bedel ödemelidir, 4- Yapının bulunduğu arazi parçası, taşınmazın bir kısmını kapsıyor ise tescile konu olacak yer, inşaat alanı ile zo...

 İçtihat  [MK. 336] Yargıtay Hukuk Genel Kurulu 2010/2-649 E. - 2010/683 K.

Kararda, çocuğun menfaatleri açısından velayetin ana veya babadan hangisine verileceğine dair yasal koşullar, somut uyuşmazlık vesilesiyle açıklanmaktadır.

 Çeviri  [MK. 238] İngilizce Çeviri

In cases where have been decided to dissolution of marriage by annulment or divorce or to be passed into separation of goods by court, agreements different from regulation concerning participation to surplus value in law, are only valid in case that they have been stipulated expressly in contract of property regime.

 Çeviri  [MK. 239] İngilizce Çeviri

Claim of participation and share of value increase may be paid in kind or in cash. In payment in kind, current market rates of properties are taken as basis; units allocated to performing of a profession and economic integration of enterprises are taken into consideration. If payment of claim of participation and share of value increase on short notice will bring forth serious difficulties for himself/ herself, the debtor spouse may request postponement of his or her payments for an appropriate period. If there has not been contrary agreement, interest is applied to claim of participation and share of value increase; if the situation and conditions necessitate, it may also be requested assurance from debtor.

 Çeviri  [MK. 240] İngilizce Çeviri

Surviving spouse, in order to be able to continue his or her previous life, may request to be vested to him or her right of usurfruct or habitation over home belonging to his or her spouse and in which they live together by being set-off to claim of participation, if that does not suffice, by being added charge; other arrangements accepted by contract of property regime are reserved. Surviving spouse, may request to be vested to him or her the right of ownership over household goods under the same conditions. In case there have been just causes, on request of surviving spouse or legal heirs of deceased spouse, it may be vested right of ownership over home in place of right of usurfruct or habitation. Surviving spouse, may not enjoy those rights in sections which legator performed a profession or craft or which it has been necessary for being performed the same profession or craft by one or his or her descendants. Statutes of law of succession concerning agricultural real estates are reserved.

 Çeviri  [MK. 241] İngilizce Çeviri

In case that assets or heritage of the debtor spouse does not cover claim of participation during dissolution, the creditor spouse or his or her heirs may request disposals without exchange which must be taken into account in acquired properties from third parties benefiting from them by being limited with missing amount. Right of action, becomes time barred within one year commencing from the date on which creditor spouse or his or heirs discovered that their rights injured and in any case by elapsing five years from termination of property regime. Statutes of action for reduction in inheritance except provisions of above paragraph and rules of territorial jurisdiction are applied mutates mutandis.

 Çeviri  [MK. 233] İngilizce Çeviri

Share and claim of participation from value increase to be acquired by a spouse for an agricultural enterprise which he or she has been continued to run personally as owner, or that of serviving spouse or someone of his or her descendants has a right to be allocated as a whole of that enterprise to himself/herself, are calculated by taking their value of income into consideration. Owner or heirs of agricultural enterprise may request to be calculated of share of value increase or claim of participation which they may bring forward against the other spouse, in terms of current market rate of the enterprise only. Statutes of law of succession concerning assessment or payment of share from earnings of enterprise to heirs shall apply mutates mutandis.

 Çeviri  [MK. 242] İngilizce Çeviri

In the regime of separation of goods, any one of spouses maintains his or her rights of administration, utilization and disposal over his or her assets within legal limits.

 Çeviri  [MK. 237] İngilizce Çeviri

It may be agreed on another principle with contract of property regime in participaton to surplus value. This kind of agreements, may not injure reserved porsions of children who are not joint ones of spouses and descendants of them.

 Çeviri  [MK. 236] İngilizce Çeviri

Every spouse or his or her heirs become holder of right over half of surplus value belonging the other spouse. Claims are bartered. In the event of divorce on the ground of adultery or attempt on life, judge may decide reducing or termination of share rate in surplus value of faulty spouse in pursuant of equity.

 Çeviri  [MK. 235] İngilizce Çeviri

Acquired properties that existed at the time of termination of property regime, are taken into account with their values existing at the time of dissolution. Values of ones to be added to acquired properties at the account, are calculated by taking the date on which the property has been transferred as basis.

 Çeviri  [MK. 234] İngilizce Çeviri

In the event that special situations necessitated, calculated value may be increased in a proper amount. Especially subsistance conditions of surviving spouse, purchase value of agricultural enterprise, besides investments made by the spouse to whom agricultural enterprise belonged or his or her financial position are considered as special situations.

 Çeviri  [MK. 232] İngilizce Çeviri

In dissolution of property regime, current market rates of goods are taken as basis.

 Çeviri  [MK. 230] İngilizce Çeviri

If debts of a spouse regarding personal properties have been paid from acquired properties or debts regarding acquired properties from personal properties, it may be requested equalisation in the course of dissolution. Each debt, puts property category to which it has been related, under liability. Any debt that could not has been understood to which category it belonged, is deemed related to acquired properties. If it has been made contribution from a property category to acquisition, betterment or protection of a property existing in the other property category, in the event of increase or decrease of value, equalisation is made according to the proportion of contribution and value of good at the time of dissolution or if the good has been disposed of previously, according to equity.

 Çeviri  [MK. 229] İngilizce Çeviri

Mentioned below, shall be added to acquired properties as value; 1. Disposals without exchange made by one of spouses except ordinary presents within one year prior to termination of property regime without consent of the other spouse. 2. Transfers which have been made with the intent of reducing claim of participation of the other spouse in the course of property regime. Decision of court in disputes concerning this kind of disposals or transfers, may also be brought forward against third parties who made benefit from disposal or transfer on condition that they have been notified of proceeding.

 Çeviri  [MK. 228] İngilizce Çeviri

Personal properties and acquired properties of spouses are partitioned according to their conditions at the time of termination of property regime. Lump sum payments made by social security or social welfare institutions or compensation paid due to loss of labour force to any one of spouses, whatever value of endowment belonging to the next term that converted to advance capital at the date on which property regime ended to be if it had been provided life time endowment according to the procedure applied by relevant social security or social welfare institution in place of lump sum payment or compensation, are taken into consideration as personal property on that amount in dissolution.

 Çeviri  [MK. 227] İngilizce Çeviri

If any of spouses has contributed to acquisition, betterment or protection of a property belonging to the other without receiving anything or a proper substitute, he or she obtains right of claim in proportion to his or her contribution to value increase come out in that property during dissolution and that claim is calculated according to the value of property in the course of dissolution; when a loss of value existed, the value of contribution at the beginning is taken as basis. In case such a property has been disposed of previously, judge determines claim to be paid to the other spouse fairly. As well as spouses may renounce to receive share from value increase, they may also change share rate through a written agreement.

 Çeviri  [MK. 226] İngilizce Çeviri

Each spouse, receives his or her properties back in the possession of the other spouse. During dissolution, if there has been a property subject of joint ownership, as well as any of spouses may benefit from other opportunities prescribed by law, he or she may also request to be given that property without being partitioned himself/herself by means of proving that he or she has a stronger benefit and paying share of the other. Spouses may make arrangement concerning their mutual debts.

 Çeviri  [MK. 225] İngilizce Çeviri

Property regime, ends upon death of one of spouses or acceptance of another property regime. In cases where has been decided dissolution of marriage due to annulment or divorcement or to be passed into separation of property by court, property regime ends by being valid from the date of filing suit.