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4721 S.lı Türk Medeni Kanunu - Son Eklenen Şerhler

4721 S.lı Türk Medeni Kanunu - Son Eklenen Şerhler

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.
(Şerh No: 12632 - Çeviren: Av.Kadir ORUÇ - Tarih : 20-12-2011 15:55)

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.
(Şerh No: 12631 - Çeviren: Av.Kadir ORUÇ - Tarih : 20-12-2011 15:52)

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.
(Şerh No: 11305 - Çeviren: Av.Kadir ORUÇ - Tarih : 18-12-2011 18:42)

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.
(Şerh No: 12634 - Çeviren: Av.Kadir ORUÇ - Tarih : 18-12-2011 17:29)

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.
(Şerh No: 12633 - Çeviren: Av.Kadir ORUÇ - Tarih : 18-12-2011 17:27)

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.
(Şerh No: 12630 - Çeviren: Av.Kadir ORUÇ - Tarih : 18-12-2011 17:09)

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.
(Şerh No: 12629 - Çeviren: Av.Kadir ORUÇ - Tarih : 18-12-2011 17:03)

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.
(Şerh No: 12628 - Çeviren: Av.Kadir ORUÇ - Tarih : 18-12-2011 16:46)

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.
(Şerh No: 12627 - Çeviren: Av.Kadir ORUÇ - Tarih : 18-12-2011 16:41)

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.
(Şerh No: 12624 - Çeviren: Av.Kadir ORUÇ - Tarih : 17-12-2011 15:15)

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.
(Şerh No: 12626 - Çeviren: Av.Kadir ORUÇ - Tarih : 17-12-2011 14:32)

Unless proved that they have been personal properties of a spouse, whole values of assets are deemed properties of community.
(Şerh No: 12625 - Çeviren: Av.Kadir ORUÇ - Tarih : 17-12-2011 14:23)

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.
(Şerh No: 12623 - Çeviren: Av.Kadir ORUÇ - Tarih : 17-12-2011 13:13)

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.
(Şerh No: 12621 - Çeviren: Av.Kadir ORUÇ - Tarih : 17-12-2011 13:01)

Community of property regime, comprises properties of community and personal properties of spouses.
(Şerh No: 12620 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-12-2011 21:07)

Taşınmazın kooperatif üyeliği kaydına aile konutu şerhi konulması doğrudur.
(Şerh No: 12619 - Ekleyen: Av.Ufuk BOZOĞLU - Tarih : 16-12-2011 20:41)

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.
(Şerh No: 12604 - Çeviren: Av.Kadir ORUÇ - Tarih : 15-12-2011 12:16)

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.
(Şerh No: 12606 - Çeviren: Av.Kadir ORUÇ - Tarih : 15-12-2011 12:08)

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.
(Şerh No: 12607 - Çeviren: Av.Kadir ORUÇ - Tarih : 15-12-2011 11:51)

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.
(Şerh No: 12605 - Çeviren: Av.Kadir ORUÇ - Tarih : 14-12-2011 17:52)

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.
(Şerh No: 12610 - Çeviren: Av.Kadir ORUÇ - Tarih : 13-12-2011 21:27)

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.
(Şerh No: 12609 - Çeviren: Av.Kadir ORUÇ - Tarih : 13-12-2011 21:01)

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.
(Şerh No: 12608 - Çeviren: Av.Kadir ORUÇ - Tarih : 13-12-2011 20:42)

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.
(Şerh No: 12603 - Çeviren: Av.Kadir ORUÇ - Tarih : 13-12-2011 20:08)

Any one of spouses, is liable for his or her own debts with his or her whole assets.
(Şerh No: 12602 - Çeviren: Av.Kadir ORUÇ - Tarih : 13-12-2011 20:03)

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.
(Şerh No: 12601 - Çeviren: Av.Kadir ORUÇ - Tarih : 13-12-2011 20:01)

Any one of spouses, maintains his or her rights of administration, utilization and disposal over his or her assets within legal limits.
(Şerh No: 12600 - Çeviren: Av.Kadir ORUÇ - Tarih : 13-12-2011 19:56)

Provisions concerning regime of separation of shared property shall apply in subjects of proof, liability from debts and allocation of property under joint ownership.
(Şerh No: 12599 - Çeviren: Av.Kadir ORUÇ - Tarih : 13-12-2011 19:52)

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.
(Şerh No: 12598 - Ekleyen: Av.Nevra ÖKSÜZ - Tarih : 13-12-2011 15:12)

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...
(Şerh No: 12597 - Ekleyen: Av.Nevra ÖKSÜZ - Tarih : 13-12-2011 14:52)

Kararda, çocuğun menfaatleri açısından velayetin ana veya babadan hangisine verileceğine dair yasal koşullar, somut uyuşmazlık vesilesiyle açıklanmaktadır.
(Şerh No: 12594 - Ekleyen: Av.Ömer GÜNTAY - Tarih : 12-12-2011 14:09)

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.
(Şerh No: 12589 - Çeviren: Av.Kadir ORUÇ - Tarih : 12-12-2011 11:14)

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.
(Şerh No: 12590 - Çeviren: Av.Kadir ORUÇ - Tarih : 12-12-2011 11:08)

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.
(Şerh No: 12591 - Çeviren: Av.Kadir ORUÇ - Tarih : 12-12-2011 11:05)

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.
(Şerh No: 12592 - Çeviren: Av.Kadir ORUÇ - Tarih : 12-12-2011 10:53)

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.
(Şerh No: 12581 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-12-2011 23:33)

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.
(Şerh No: 12593 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-12-2011 23:25)

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.
(Şerh No: 12588 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-12-2011 22:37)

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.
(Şerh No: 12587 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-12-2011 22:27)

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.
(Şerh No: 12586 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-12-2011 22:24)

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.
(Şerh No: 12582 - Çeviren: Av.Kadir ORUÇ - Tarih : 09-12-2011 22:46)

In dissolution of property regime, current market rates of goods are taken as basis.
(Şerh No: 12580 - Çeviren: Av.Kadir ORUÇ - Tarih : 09-12-2011 22:33)

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.
(Şerh No: 12578 - Çeviren: Av.Kadir ORUÇ - Tarih : 09-12-2011 20:03)

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.
(Şerh No: 12577 - Çeviren: Av.Kadir ORUÇ - Tarih : 09-12-2011 17:24)

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.
(Şerh No: 12576 - Çeviren: Av.Kadir ORUÇ - Tarih : 09-12-2011 17:11)

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.
(Şerh No: 12575 - Çeviren: Av.Kadir ORUÇ - Tarih : 09-12-2011 16:49)

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.
(Şerh No: 12571 - Çeviren: Av.Kadir ORUÇ - Tarih : 09-12-2011 16:34)

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.
(Şerh No: 12570 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-12-2011 21:55)

Any one of spouses is liable for his or her debts with his or her the whole assets.
(Şerh No: 12569 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-12-2011 21:51)

Every spouse, has right to administrate his or her personal and acquired properties and to benefit from and dispose of them within legal limits. Unless contrary agreement existed, no any of spouses may dispose of his or her share in a property subject of joint ownership without consent of the other.
(Şerh No: 12568 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-12-2011 21:47)

Davacının yeni bir konut tahsisi yönünde bir talebi olmadığı halde, eşlerin oturacakları konutu birlikte seçme hakkını bertaraf etme sonucunu doğuracak şekilde karar verilmesi doğru değildir.
(Şerh No: 12567 - Ekleyen: Av.Cengiz ALADAĞ - Tarih : 07-12-2011 16:49)

Boşanmaya ilişkin davada ayrılığa karar verilebilmesi için, boşanma sebebinin ispatlanmış olması ve ortak hayatın yeniden kurulması olasılığının bulunması gerekir.
(Şerh No: 12566 - Ekleyen: Av.Cengiz ALADAĞ - Tarih : 07-12-2011 16:30)

Any person asserting that a certain property 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. The whole properties of a spouse, are deemed acquired properties until otherwise proved.
(Şerh No: 12564 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-12-2011 12:26)

In the event that creditor has been satisfied, upon request of one of spouses, judge may decide formation of community of goods again. Spouses, may accept regime of participation to acquired properties with contract of property regime.
(Şerh No: 12552 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-12-2011 12:17)

Spouses, may accept previous or any other property regime with a new contract of property regime any time. Upon disappearing of cause necessitating to pass to separation of property, judge may decide to be returned to previous property regime on request of one of spouses.
(Şerh No: 12549 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-12-2011 12:14)

Contract of property regime, shall be made as drawing up or notarization form in notary. However, parties may also notify which property regime they have chosen during application of marriage in written. It is compulsory to be signed of contract of property regime by parties and when necessary by their legal representatives.
(Şerh No: 12546 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-12-2011 12:10)

Contract of property regime, may only be made by persons who have discretion. Minors and wards of court are obliged to receive consent of their legal representatives.
(Şerh No: 12545 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-12-2011 12:09)

Contract of property regime, may be made before or after marriage. Parties, may choose, cancel or alter property regime which they wished in limitations provided by law, only.
(Şerh No: 12544 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-12-2011 12:07)

It is essential to be applied of regime of participation of acquired properties between spouses. Spouses, may accept one of other regimes prescribed by law with contract of property regime.
(Şerh No: 12543 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-12-2011 12:05)

Spouses, may accept that asset values which must be included in acquired properties arising due to performing of a profession or activity of the enterprise, will be regarded personal property with contract of property regime. Spouses, may also determine that incomes of personal properties will not be included in acquired properties, with contract of property regime.
(Şerh No: 12563 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-12-2011 12:00)

Mentioned below, are personal properties by operation of law; 1. Good for merely personal use of one of spouses, 2. Asset values which belonged to one of spouses at the beginning of property regime or ones acquired through inheritence or voluntary acquisition in any way later by a spouse, 3. Receivables for spiritual damages, 4. Values substituted for personal properties.
(Şerh No: 12562 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-12-2011 11:53)

Acquired property, is the asset values acquired by being paid for of each spouse during continuation of that property regime. Acquired properties of a spouse are the following especially; 1. Acquisions in return for his or her labours, 2. Payments of social security or social welfare institutions and organisations or ones of funds and the like established for welfare of staff, 3. Compensations paid due to labour force loss, 4. Incomes of individual properties, 5. Values substituted for acquired properties.
(Şerh No: 12561 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-12-2011 11:15)

Regime of participation to acquired properties, includes acquired properties and personal properties of each one of spouses.
(Şerh No: 12559 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-12-2011 10:19)

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.
(Şerh No: 12558 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-12-2011 10:16)

Any one of spouses, may request any time from the other one to make inventory of his or her goods by formal deed. If this inventory, has been made within one year commencing from bringing of goods, it is ragarded corrrect unless otherwise proved.
(Şerh No: 12557 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-12-2011 10:05)

In case one of spouses has leaved administration of properties explicitly or implicitly to the other one, statue of representation are applied unless otherwise agreed.
(Şerh No: 12556 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-12-2011 10:00)

In actions concerning dissolution of a property regime between spouses or heirs, the following courts are competent; 1. In case property regime has ended by death, the last place of residence of deceased person, 2. In cases decided to divorcement,annulment of marriage or separation of goods by judge, the court which is competent in those actions, 3. In other cases, place of residence of defendant spouse.
(Şerh No: 12555 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-12-2011 15:00)

Formation, alteration of property regime, or dissolution of previous regime may not exclude properties over which one of spouses or creditors of community may obtain their rights, from liability. The spouse to whom such properties passed, is liable personally for debts: however, in case he or she proved that said properties are short of paying debts, may save himself/herself from liability at this rate.
(Şerh No: 12554 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-12-2011 14:53)

In case passed into separation of properties, unless otherwise provided by law, dissolution of previous property regime between spouses, is made according to provisions regarding this regime.
(Şerh No: 12553 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-12-2011 14:49)

If creditor who started executive proceeding against one of spouses who accepted community of goods suffer a loss in the application of execution, he or she may claim from judge to be decided separation of goods. Request of creditor is directed to both spouses. Competent court, is the court of place of residence of debtor.
(Şerh No: 12551 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-12-2011 14:42)

In case where has been decided to bankruptcy of one of spouses who accepted community of goods, community turns into separation of property spontaneously.
(Şerh No: 12550 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-12-2011 14:39)

Competent court is the court of place of residence of any one of spouses.
(Şerh No: 12548 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-12-2011 14:33)

If there has been a just cause, judge may decide of existing property regime to turn into separation of properties on request of one of spouses. Especially in the following circumstances it is deemed existence of a just cause; 1. If assets belonging to the other spouse have been deeply in debt or his or her share in community has been confiscated, 2. If the other spouse made endangered interests of the one who has requested or community, 3. If the other spouse has spared his or her consent necessary for making a transaction of disposition over properties of community without a just cause, 4. If the other spouse avoided to give information to the spouse who has requested about assets, income, debts or properties of community, 5. If the other spouse has become devoid of discretion permanently. If one of spouses has been devoid of discretion permanently, his or her legal representative may also request to be decided to separation of goods relying on that cause.
(Şerh No: 12547 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-12-2011 14:30)

When conditions changed, judge shall make necessary alteration in his or her last decision upon request of one of spouses and cancels mesaure taken, if its cause ended.
(Şerh No: 12540 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-12-2011 14:06)

In case being not performed obligations arising from union of marriage or fallen into a dispute in an important issue concerning marriage, spouses may request intervention of judge separately or together. Judge, warns spouses regarding their obligations, tries to reconcile them and may request assistance of expert persons by joint consent of spouses. Judge, takes measures prescribed by law on request of one of spouses if necessary.
(Şerh No: 12535 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-12-2011 14:00)

Proceeding in divorcement is subject to the Civil Procedure Code on condition that the following rules are reserved; 1.Judge, unless convicted conscientiously existence of facts upon which divorce or seperation suit based, can not deem proved them. 2.Judge, can not tender an oath concerning those facts neither on his or her own initiative nor upon request. 3.Any kind of admissions of parties in this regard do not bind the judge. 4.Judge, evaluates evidences freely. 5.Agreements ragarding accessory consequences of divorce or separation may not be valid unless approved by judge. 6.Judge, may decide hearing to be done closed to public upon request of one of parties.
(Şerh No: 12523 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-12-2011 13:55)

Competent court regarding measures aimed at protection of union of marriage is the court of place of residence of any one of spouses. If places of residence of spouses are different and both of them made request to be taken measure, the competent court is the court of the place of residence of one who made request first. Competent court regarding in relation to alteration, completion or cancellation of measures, is the court which has made decision of measure. However, if places of residence of both spouses have changed, competent court is the court of new place of residence of any one of spouses.
(Şerh No: 12542 - Çeviren: Av.Kadir ORUÇ - Tarih : 03-12-2011 23:49)

If one of spouses does not perform obligation of participation to expenditures of union, judge may order his or her debtors to make payment partly or wholly to the other spouse.
(Şerh No: 12538 - Çeviren: Av.Kadir ORUÇ - Tarih : 03-12-2011 17:23)

Any of spouses has a right to live apart as long as his or her personality, economical security or peace of family have severely fallen into danger due to joint life. If interruption of living together is based on a just cause, judge takes measures concerning monetary contribution to be made by one to the other, to benefit from home or household goods and governing of assets of spouses upon request of one of spouses. Upon avoiding to live together of the other unless having a just cause, or becoming impossible of joint life for any other reason, one of spouses may make above requests either. If spouses have children who are not major, judge takes necessary measures according to provisions regulating relationships between parents and children.
(Şerh No: 12537 - Çeviren: Av.Kadir ORUÇ - Tarih : 03-12-2011 17:21)

Judge determines monetary contribution of either of spouses for subsistance of family, upon request of one of them. Houskeeping, caring of children, working at business of the other spouse at no charge of the spouse, are regarded in determination of amount of contribution. Those contributions, may be claimed for one year past and following years.
(Şerh No: 12536 - Çeviren: Av.Kadir ORUÇ - Tarih : 03-12-2011 17:13)

Unless otherwise provided by law, either of spouses may make any kind of legal transaction with the other one or third parties.
(Şerh No: 12532 - Çeviren: Av.Kadir ORUÇ - Tarih : 03-12-2011 12:03)

Either of spouses, does not have to get permission of the other in choice of profession or employment. However, tranquility and benefit of union of marriage are regarded in choice of profession and employment and performing of them.
(Şerh No: 12531 - Çeviren: Av.Kadir ORUÇ - Tarih : 03-12-2011 11:56)

If any one of spouses overrides representation authority of union or remains incapable in use of it, judge may cancel or limit representation authority upon request of the other spouse. The spouse who made request may only announce third parties by way of personal notification that representation authority has been cancelled or limited. Becoming effective to third parties in good faith of cancellation or limitation of representation authority, depends upon publication of the fact by decision of judge.
(Şerh No: 12529 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 17:31)

In cases where representation authority of union have been used, spouses are liable successively against third parties. Either of spouses is liable personally for transactions which he or she made unless having representation authority of union. However, spouses are liable successively when representation authority overriden in such a way that it can not to be understood by third parties.
(Şerh No: 12528 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 17:28)

Either of spouses, represent union of marriage for constant needs of family in the course of continuation of joint life. One of spouses may represent union for other needs of family in the following circumstances only; 1.If he or she has been authorized by the other spouse or for just causes by judge, 2. If there is inconvenience to delay in respect of interest of union and it can not be taken consent of the other spouse because of illness, being at some other place of him or her or similar reasons.
(Şerh No: 12527 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 17:22)

Woman, takes surname of her husband by getting married; however she may use her previous surname before surname of her husband by applying to marriage officer or civil registry office later on in written. The woman who used two surnames formerly, may benefit from this right for one surname only.
(Şerh No: 12526 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 17:19)

Spouses choose the residence to live in together. Spouses govern the union together. Spouses participate to expenditures of union with their labours and assets in proportion to their capacity.
(Şerh No: 12525 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 14:25)

By getting married, union of marriage is constituted between spouses. Spouses, are liable to provide happiness of that union with cooperation and bestow diligence to care, education and custody of children together. Spouses are obliged to live together, be loyal and be helpful to each other.
(Şerh No: 12524 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 14:22)

Judge, takes required measures on his or her own initiative or upon request of one of father or mother, in case new facts entail like getting married to someone else, being gone to some other place or being deceased of one of father or mother.
(Şerh No: 12522 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 14:09)

It may be decided payment of material compensation and poverty alimony in lump sum or as endowments according to requirements of occasions. It can not be decided payment of spiritual compensation as endowments. Material compensation or poverty alimony which has been decided its payment as endowments is cancelled automatically in case remarriage of creditor party or death of one of parties; it is cancelled by court decision in cases where creditor party has lived as married without marriage, poverty of him or her has ceased or led a disreputable life. In cases where alteration of financial situations of parties or equity necessitated, it may be decided increasing or decreasing of endowment. Judge, on request, may decide in what quantity to be paid of material compensation or alimony which has been decided its payment as endowments in following years according to social and economical conditions of parties.
(Şerh No: 12515 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 14:00)

Court, arranges rights of parents and their personal relationships with child after hearing father and mother and if the child is under guardianship, taking opinion of guardian and guardianship authority whenever found opportunity when deciding to divorcement or separation. In the arrangement of personal relationship with the child of the spouse to whom use of parental custody has not been given, interests of child, especially in respect of health, education and morals are taken as basis. That spouse, has to join to care and education expenditures of child in proportion to his or her capacity. Judge, may decide on request in what quantity to be paid of those expenditures which have been decided their payment as endowments in following years according to social and economical conditions of parties.
(Şerh No: 12521 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 13:56)

If it is resolved to separation, court may decide to cancellation of property regime which has been accepted by agreement in between according to period of separation or conditions of spouses.
(Şerh No: 12519 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 11:36)

In dissolution of property regime, provisions regarding regime which spouses are bound up to shall apply.
(Şerh No: 12518 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 11:33)

Rights of action arising from dissolution of marriage because of divorcement becomes time barred by elapsing one year from finalization of decree of divorce.
(Şerh No: 12517 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 11:15)

Court of place of residence of maintenance creditor is competent in alimony cases to be filed after divorcement.
(Şerh No: 12516 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 11:11)

Right of action for nullity of marriage does not pass to heirs. However, heirs can continue the action commenced. As the serviving spouse being appeared as a result of action that he or she had not been in good faith during getting married may not be legal heir, he or she also loses the rights provided himself/herself through testamentary dispositions made previously.
(Şerh No: 12497 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 11:06)

If it is resolved nullity of marriage, the spouse in good faith when getting married preserves his or her personal status that he or she has acquired through that marriage. Provisions regarding divorcement shall apply to dissolution of marital property regime, compensation, alimony and surname between spouses.
(Şerh No: 12495 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 11:04)

It may not be resolved nullity of a marriage which has been performed before an officer authorized marrying off because of not being obeyed to the other official rules of law.
(Şerh No: 12492 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 10:55)

Getting married of woman before termination of waiting period, does not necessitate nullity of marriage.
(Şerh No: 12491 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 10:52)

If minor or ward of court gets married without consent of his or her legal representative, the legal representative whose consent has not been taken may claim annulment of marriage. It may not be resolved annulment of marriage if the person who has gotten married in this way becomes sui juris afterwards by completing age of eighteen years, is excluded from being ward of court or wife becomes pregnant.
(Şerh No: 12490 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-12-2011 10:51)

 
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