İçtihat  [MK. 186] Yargıtay 2.H.D. 2008/11603 E., 2008/11279 K.

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.

 İçtihat  [MK. 170] Yargıtay 2.H.D. 2008/19472 E., 2010/1042 K.

Boşanmaya ilişkin davada ayrılığa karar verilebilmesi için, boşanma sebebinin ispatlanmış olması ve ortak hayatın yeniden kurulması olasılığının bulunması gerekir.

 Çeviri  [MK. 222] İngilizce Çeviri

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.

 Çeviri  [MK. 211] İngilizce Çeviri

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.

 Çeviri  [MK. 208] İngilizce Çeviri

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.

 Çeviri  [MK. 205] İngilizce Çeviri

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.

 Çeviri  [MK. 204] İngilizce Çeviri

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.

 Çeviri  [MK. 203] İngilizce Çeviri

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.

 Çeviri  [MK. 202] İngilizce Çeviri

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.

 Çeviri  [MK. 221] İngilizce Çeviri

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.

 Çeviri  [MK. 220] İngilizce Çeviri

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.

 Çeviri  [MK. 219] İngilizce Çeviri

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.

 Çeviri  [MK. 218] İngilizce Çeviri

Regime of participation to acquired properties, includes acquired properties and personal properties of each one of spouses.

 Çeviri  [MK. 217] 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. 216] İngilizce Çeviri

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.

 Çeviri  [MK. 215] İngilizce Çeviri

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.

 Çeviri  [MK. 214] İngilizce Çeviri

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.

 Çeviri  [MK. 213] İngilizce Çeviri

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.

 Çeviri  [MK. 212] İngilizce Çeviri

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.

 Çeviri  [MK. 210] İngilizce Çeviri

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.

 Çeviri  [MK. 209] İngilizce Çeviri

In case where has been decided to bankruptcy of one of spouses who accepted community of goods, community turns into separation of property spontaneously.

 Çeviri  [MK. 207] İngilizce Çeviri

Competent court is the court of place of residence of any one of spouses.

 Çeviri  [MK. 206] İngilizce Çeviri

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.

 Çeviri  [MK. 200] İngilizce Çeviri

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.

 Çeviri  [MK. 195] İngilizce Çeviri

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.

 Çeviri  [MK. 184] İngilizce Çeviri

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.

 Çeviri  [MK. 201] İngilizce Çeviri

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.

 Çeviri  [MK. 198] İngilizce Çeviri

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.

 Çeviri  [MK. 197] İngilizce Çeviri

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.

 Çeviri  [MK. 196] İngilizce Çeviri

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.

 Çeviri  [MK. 193] İngilizce Çeviri

Unless otherwise provided by law, either of spouses may make any kind of legal transaction with the other one or third parties.

 Çeviri  [MK. 192] İngilizce Çeviri

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.

 Çeviri  [MK. 190] İngilizce Çeviri

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.

 Çeviri  [MK. 189] İngilizce Çeviri

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.

 Çeviri  [MK. 188] İngilizce Çeviri

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.

 Çeviri  [MK. 187] İngilizce Çeviri

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.

 Çeviri  [MK. 186] İngilizce Çeviri

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.

 Çeviri  [MK. 185] İngilizce Çeviri

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.

 Çeviri  [MK. 183] İngilizce Çeviri

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.

 Çeviri  [MK. 176] İngilizce Çeviri

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.

 Çeviri  [MK. 182] İngilizce Çeviri

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.

 Çeviri  [MK. 180] İngilizce Çeviri

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.

 Çeviri  [MK. 179] İngilizce Çeviri

In dissolution of property regime, provisions regarding regime which spouses are bound up to shall apply.

 Çeviri  [MK. 178] İngilizce Çeviri

Rights of action arising from dissolution of marriage because of divorcement becomes time barred by elapsing one year from finalization of decree of divorce.

 Çeviri  [MK. 177] İngilizce Çeviri

Court of place of residence of maintenance creditor is competent in alimony cases to be filed after divorcement.

 Çeviri  [MK. 159] İngilizce Çeviri

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.

 Çeviri  [MK. 158] İngilizce Çeviri

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.

 Çeviri  [MK. 155] İngilizce Çeviri

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.

 Çeviri  [MK. 154] İngilizce Çeviri

Getting married of woman before termination of waiting period, does not necessitate nullity of marriage.

 Çeviri  [MK. 153] İngilizce Çeviri

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.

 Çeviri  [MK. 151] İngilizce Çeviri

The spouse who has been persuaded for marriage by being intimidated with an imminent and heavy danger aimed at life,health,chastity or honour of him or her or one of his or her kinsmen/kinswomen, may claim annulment of marriage.

 Çeviri  [MK. 175] İngilizce Çeviri

The party to fall into poverty due to divorcement, on condition that his or her fault has not been heavier, may claim poverty alimony indefinitely for his or her subsistance from the other party in proportion to his or her financial power. It is not required the fault of maintenance obligor.

 Çeviri  [MK. 174] İngilizce Çeviri

Faultless or less faulty party whose existing or prospective interests injured due to divorcement, may claim an appropriate material compensation from the party at fault. The party whose personal right assaulted due to facts caused to divorce, may claim to be paid a proper amount of money as spiritual compensation by the other party at fault.

 Çeviri  [MK. 173] İngilizce Çeviri

In case of divorcement, woman maintains her personal status which acquired by getting married; however she regains her surname prior to marriage. If the woman is widowed before getting married, she may request the judge to grant permission her to bear her maiden name. If it is proved that the woman has benefit to use surname of her exhusband and there is no harm for him in doing so, judge grants permission to bear surname of her husband upon her request. The husband, may request removal of that permission in case conditions altered.

 Çeviri  [MK. 172] İngilizce Çeviri

When the period ends, the status of separation terminates spontaneously. If joint life have not been formed again, either of spouses may file petition for divorce. While arranging consequences of divorcement, the facts evidenced in the first case and the circumstances emerged in the course of separation are taken into consideration.

 Çeviri  [MK. 171] İngilizce Çeviri

It may be resolved to separation for a period of one to three years. That period starts to run when decree of separation finalized.

 Çeviri  [MK. 168] İngilizce Çeviri

Competent court in divorce or separation cases is, the court of the residence place of one of spouses or that of the place where they have been resided together for the last six months before the lawsuit.

 Çeviri  [MK. 170] İngilizce Çeviri

If ground of divorce evidenced, judge decides to divorcement or separation. If the lawsuit is related to separation only, it can not resolved to divorcement. If the lawsuit is related to divorcement, it can only be resolved to separation in case there is possibility of formation of joint life again.

 Çeviri  [MK. 169] İngilizce Çeviri

When divorce or separation case filed, judge shall take provisional measures requisite in the course of lawsuit, especially regarding lodging, subsistance of spouses, governing of goods of spouses and care and protection of children, on his or her own initiative.

 Çeviri  [MK. 167] İngilizce Çeviri

The spouse who has right to file petition for divorce, may request either divorcement or separation.

 Çeviri  [MK. 166] İngilizce Çeviri

If union of marriage has been shaken off its foundation on a level that it can not be expected from spouses to keep leading joint life, either of spouses may file petition for divorce. In cases mentioned in the paragraph above, if the fault of plaintiff is heavier, defendant has the right to raise objection to that lawsuit. Nevertheless, if that objection has the characteristics of abuse of a right and if there has not been any use in continuation of union of marriage in respect of defendant and children, it may be decided to divorcement. If marriage has lasted at least one year, in cases where the spouses applied together or one of the spouses accepted the lawsuit of the other, union of marriage is deemed shaken off its foundation. In this case in order to decide to divorcement, it is essential for judge to hear the parties personally and be convinced that their wills have been declared freely and approve the arrangement to be accepted by parties concerning financial consequences of divorce and status of children. Judge, may make any alterations considered necessary in that arrangement regarding interests of parties and children. In case these alterations have been accepted by parties either, it is resolved to divorcement. In this case, the provision concerning admittance of parties is not binding for judge shall not be applied. In case where has been decided rejection of the petition filed for any one of grounds for divorce and elapsed three years commencing from...

 Çeviri  [MK. 165] İngilizce Çeviri

If one of spouses becomes mentally ill and the joint life becomes unbearable for the other for that reason,the other spouse may file a petition for divorce on condition that it has been determined impossiblity of its recovery through an official board of health report.

 Çeviri  [MK. 163] İngilizce Çeviri

If one of spouses commits a humiliating crime or leads a disreputable life and if it can not be expected to live with him or her together from the other spouse due to those reasons, that spouse may file petition for divorce at any time.

 Çeviri  [MK. 162] İngilizce Çeviri

Either of spouses may file a suit for divorce on the grounds of being attemted on his or her life or being treated very ill or been conducted severely degrading treatment to him or her by the other. Right of action of the spouse entitled to file expires by elapsing six months commencing from discovery of the ground for divorce and in any case five years from arising of that ground. Forgiving party shall not have right of action.

 Çeviri  [MK. 161] İngilizce Çeviri

If one of spouses commits adultery,the latter may file a petition for divorce. Right of action of the spouse entitled to file expires by elapsing six months commencing from discovery of the ground for divorce and in any case five years from commitment of adultery act. Forgiving party shall not have right of action.

 Çeviri  [MK. 160] İngilizce Çeviri

In action for nullity of marriage, provisions regarding divorcement shall apply in respect to territorial jurisdiction and trial procedure.

 Çeviri  [MK. 152] İngilizce Çeviri

Right of filing an action for annulment, expires by being elapsed six months 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 getting married.

 Çeviri  [MK. 157] İngilizce Çeviri

Children born from a marriage which has been declared null by court, are deemed born in the marriage even though father and mother have not been in good faith. Provisions regarding divorcement shall apply to relationships between children and parents.

 Çeviri  [MK. 156] İngilizce Çeviri

A void marriage may barely be ceased by decision of judge. Even in the event of absolute nullity, marriage gives the whole consequences of a valid marriage until decision of judge.

 İçtihat  [MK. 1023] Yargıtay 2.HD 2010/9123 E. - 2010/12688 K.

Kararda; aile konutunun satılması için diğer eşin açık rızasının bir koşul olarak arandığına değinerek tapuda aile konutu şerhi olmasa bile iyi niyetli olmayan alıcının iktisabının korunmayacağı belirtilmiştir. Tapu iptali tescil ve aile konutu şerhi konulmasına ilişkin istemlerin kabulüne karar verilmesi gerekliliği yönünde karar alıp hüküm bozulmuştur.

 Çeviri  [MK. 138] İngilizce Çeviri

Either of persons to get married may apply to court against decision of rejection of marriage officer. Objection is examined on the basis of document scrutiny and resolved definitively. However,actions filed against decisions of rejection relevant to existence of one of grounds for absolute nullity are heared by simple procedure of trial. (AMENDED ARTICLE Law Number:6217 Date:March 31,2011 Article No:31)

 Çeviri  [MK. 135] İngilizce Çeviri

Application, shall be made in written or orally by persons to get married.

 Çeviri  [MK. 118] İngilizce Çeviri

Engagement is constituted by promise of marriage. Engagement does not bind minor or ward of court without consent of their legal representatives.

 Çeviri  [MK. 106] İngilizce Çeviri

It shall be indicated the name of foundation,its purpose,assets and rights allocated to that purpose,form of organisation and administration and place of residence of foundation in foundation voucher.

 Çeviri  [MK. 101] İngilizce Çeviri

Foundations are groups of assets which have legal personality formed by allocating adequate properties and rights to a certain and permanent purpose by natural and legal persons. Assets as a whole or any kind of their incomes which materialised or appeared to be materialised or rights having economic value can be endowed. (REPEALED ARTICLE on June 28,2008,The Constitutional Court; Date:April 17,2008 Docket No:2005/14 Decree No:2008/92 ,Official Gazette No: 26920) Not any association can be formed against characteristics of the Republic determined by the Constitution and basic principles of the Constitution,law,morals,national unity,national interests or on the purpose of supporting any certain race or sect members.

 Çeviri  [MK. 98] İngilizce Çeviri

Associations, in general assembly of federation which they have been subordinate to; federations, in general assembly of confederation which they have been subordinate to; are represented by at least three member of each.Representative members are elected by general assemblies of their relevant associations and federations. Provisions of this Law are applied about other issues concerning federations and confederations.

 Çeviri  [MK. 97] İngilizce Çeviri

Confederations are are formed by coming together to actualize their goals in the capacity of member of at least three federations which have same goal of formation. Each confederation shall have a charter. Confederation acquires legal entity by being submitted declaration of formation, charter and necessary documents to the head civilian authority of the place of residence.

 Çeviri  [MK. 96] İngilizce Çeviri

Federations, are formed by coming together to actualize their goals in the capacity of member of at least five associations which have same goal of formation. Each federation shall have a charter. Federation acquires legal entity by being submitted declaration of formation, charter and necessary documents to the head civilian authority of the place of residence.

 Çeviri  [MK. 95] İngilizce Çeviri

It is obligatory to be in each branch general assembly, governing board and audit committee or auditor. Provisions of this Law are applied about duties and authorities of those organs and other issues regarding branches.

 Çeviri  [MK. 94] İngilizce Çeviri

Associations may open branches at the places where considered necessary by general assembly resolution. Founders’ committee composed of at least three people authorized by governing board for that purpose submits declaration of formation of branch and necessary documents to the head civilian authority of the place where branch is to be opened. (REPEALED ARTICLE: August 07,2003 Official Gazette No: 25192 Act No: 4963/35) Content of declaration of formation of branch and necessary documents are indicated in by-law.

 Çeviri  [MK. 75] İngilizce Çeviri

General assembly is summoned for extraordinary meeting by governing board;in cases regarded necessary by governing board or audit committee or upon written application of one fifth of members of association. If governing body does not summon general assembly for meeting;upon written application of one of members, judge of court of peace charges three members to summon general assembly for meeting.

 Çeviri  [MK. 78] İngilizce Çeviri

General assembly meetings are held where central office of association is located unless otherwise is provided in charter. General assembly is gathered by absolute majority of members having right of participation,in case of charter alteration or dissolution of association, by participation of two thirds majority; it is not required majority in the second meeting in case of postponement of meeting because of not being gained majority. But number of members participated that meeting shall not be fewer than two times whole number of governing board and audit committee members. General assembly meeting shall not be postponed more than once.

 Çeviri  [MK. 79] İngilizce Çeviri

After inaugural of general assembly meeting,a chairman,deputy chairman and clerk in adequate number are elected to conduct the meeting. In general assembly meeting,items of the agenda are discussed only.But it is obligatory to put the agenda the issues requested to be discussed in written by at least one tenth of participating members in meeting. (REPEALED ARTICLE on November 23,2004 Official Gazette No: 25649 Act No: 5253/38)

 Çeviri  [MK. 80] İngilizce Çeviri

General assembly,makes final decision about admittance to or dismissal from membership;elects association organs and performs tasks which have not been given to any other organ of the association. General assembly inspects other organs of the association and discharge them any time for just causes.

 Çeviri  [MK. 89] İngilizce Çeviri

If goal of association becomes contrary to law and morals, court decides dissolution of association upon request of Public prosecutor or any relevant person.Court shall take all necessary measures including suspension from activity during course of trial.

 Çeviri  [MK. 90] İngilizce Çeviri

Associations are engaged in activities in line with the topics and fashions designated in their charters for actualizing their goals. Provisions of special law having the quality of public law about activities which have been prohibited or entailing permission are reserved. In the event of violation of prohibitions or limitations regarding activities of association,it may be decided suspension from activities upon request of Public prosecutor by court.

 Çeviri  [MK. 70] İngilizce Çeviri

Obligation of paying membership fee is regulated in charter.If there is not any regulation in charter, members share equally indispensable fees to actualize goal of association and recompense debts. Member who has withdrawn or has been dismissed from the association, has to pay fee of his or her membership duration. Honorary members do not have to pay membership fee.

 Çeviri  [MK. 72] İngilizce Çeviri

Compulsory organs of association are general assembly,governing board and audit committee. Associations can also constitute other organs besides compulsary organs.But duties,authorities and responsibilities of compulsory organs shall not be transfered to those organs.

 Çeviri  [MK. 145] İngilizce Çeviri

In the following circumstances the marriage is void by absolute nullity; 1.Being married of one of spouses at the time of marriage, 2.Being deprived of capacity of discretion of one of spouses for a permanent cause at the time of marriage, 3.Having a mental illness of one of spouses on a level to be impediment for marriage, 4.Being a kinship between spouses on a degree to be impediment for marriage.

 Çeviri  [MK. 69] İngilizce Çeviri

Every member shall have one voting right in general assembly;member, must cast his or her vote in person. Honorary members have no voting right.

 Çeviri  [MK. 68] İngilizce Çeviri

Members of association have equal rights.Association,shall not pay any regard to language,race,colour,sex,religion and sect,family,group and class difference among its members;shall not perform any application violating equity or bestowing privilege upon some members for those reasons. Every member has right to join to activities and governing of the association. Member who has withdrawn or been dismissed from the association shall not claim right in assets of the association.

 Çeviri  [MK. 66] İngilizce Çeviri

No any person can be forced to stay member in association. Every member has right to withdraw from association on condition that notifying in written prior to six months.

 Çeviri  [MK. 64] İngilizce Çeviri

Any natural person having capacity to act (APPENDED PHRASE on August 7,2003 Official Gazette No:25192 Act No:4963/32) and legal persons have right to be member to associations. Membership application which will be in written form (REPEALED PHRASE on November 23,2004 Official Gazette No:25649 Act No:5253/38) is resolved in utmost thirty days by governing body of the association and the result is notified the applicant in written. The member whose application has been accepted is recorded to the book which is kept for this purpose.

 Çeviri  [MK. 63] İngilizce Çeviri

No any person can be forced to be member to an association, and no any association can be forced to accept member either.

 Çeviri  [MK. 60] İngilizce Çeviri

Verification of the documents and declaration of formation and charter of association are examined by the head civilian authority on basis of file scrutiny in sixty days. It is immediately required to be corrected or completed from the founders,in case detected any unlawfulness or deficiency in declaration of formation, charter or legal status of founders.If stated deficiency is not completed or unlawfulness not corrected within thirty days commencing from the day of notification of that request,the head of civilian authority informs Public prosecution office to bring an action before authorized civil court of first instance regarding dissolution of the association.Public prosecutor may also plead the court to decide suspension of activities of the association. If not found any unlawfulness or deficiency in the declaration of formation, charter and documents or such unlawfulness or deficiency is corrected in a certain time; the fact is immediately notified to the association in written and the association is recorded to the registry of associations.

 Çeviri  [MK. 59] İngilizce Çeviri

Associations acquire legal personality at the time they submit declaration of formation,charter of association and other required documents to the head civilian authority where their places of residence are located. Content of declaration of formation and what required documents made up of are indicated in by-laws.

 Çeviri  [MK. 58] İngilizce Çeviri

Every association shall have a charter. It is obligatory to be indicated name of association,purpose,sources of income,conditions of membership,organs,organisation and provisional governing board in charter of association. Charter of association can not be against imperative provisions of law. Provisions of law are executed in issues which are not regulated in charter of association.

 Çeviri  [MK. 57] İngilizce Çeviri

Everyone has the right to form association without prior permission. Founders of association must have capacity to act.

 Çeviri  [MK. 56] İngilizce Çeviri

(As amended on August 7,2003 Official Gazette No:25192 Act No:4963/31) Associations are group of people having legal personality which have been constituted by at least seven natural or legal persons uniting their knowledge and labour permanently in order to actualize a certain and joint purpose except profit sharing. There can not be formed associations for purposes against law and morals.

 Çeviri  [MK. 54] İngilizce Çeviri

Assets of legal person pass to public institutions and organizations pursuing closest goal unless any other provision exists in law or certificate of formation or resolved differently by the authorized body of legal person. These assets are used in line with their priorly allocated purpose as much as possible. Assets of legal person which its personality has been terminated through a court decision since it pursued a goal against law and morals,pass to relevant public organization in any case.