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.

 İçtihat  [TCK. 220] Yargıtay 9. Ceza Dairesi 2007/5744 E. 2007/5430 K.

sanığın silahlı örgüt ile organik bağ içine girip kod adı almak iki ayrı camide örgütsel ders vermek, ders verirken yakalanmak şeklinde sübut bulan ve süreklilik, çeşitlilik arz eden eylem ve faaliyetlerinin silahlı örgüt üyeliği suçunu oluşturacağı gözetilmemesi bozma nedenidir.

 İçtihat  [KatMülkiyetiK. 31] Yargıtay 18. HD 1995/5364 E. 1995/6182 K.

İPTALİ İSTENEN KAT MALİKLERİ KURULU KARARININ ALINMASINDA BAĞIMSIZ BÖLÜM MALİKLERİNİN YASAL BEŞTE DÖRT ÇOĞUNLUK ORANI BULUNMADIĞINDAN İTİRAZIN REDDİ, KARARIN ONANMASI.

 İçtihat  [KatMülkiyetiK. 30] Yargıtay 18.HD 1998/5357 E. 1998/6652 K.

İlk toplantı günü bağımsız bölüm maliklerinin yarıdan fazlasının katılması,ve bunların da arsa payı bakımından yarıdan fazlaya sahip olmaları gerekir. Varılan karara sonradan imza koyarak icazet verenler olsa da ,toplantıya katılmadıklarından toplantı nisabına dahil değildir. Birden fazla bağımsız bölüm maliki olan kişi,malik sayısı hesabında bir kişi olarak kabul edilir.

 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.

 İçtihat  [EskiBK. 388] Yargıtay 12. Hukuk Dairesi 2009/13032 Esas, 2009/20377 Karar

Çek veya Bono borçluya temsilen vekil tarafından imzalanmışsa senet üzerinde vekaleti gösteren bir kayıt olmasada borçlu asil sorumlu olur. Burada önemli olan borçlunun kendini temsilen vekiline kambiyo taahhüdünde bulunma yetkisini verdiğini gösteren usulüne uygun bir vekaletnamenin olmasıdır.

 İçtihat  [EskiBK. 106] Yargıtay 15. Hukuk Dairesi, Esas: 2007/5163, Karar: 2008/2893

Gecikme tazminatının istenebilmesi için, teslim anında ihtirazi kayda gerek yoktur; ihtirazi kayıt ileri sürülmeden teslim gerçekleşse dahi, zamanaşımı süresi içinde gecikme tazminatı talep edilebilir.

 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.

 Çeviri  [MK. 224] İngilizce Çeviri

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

 Çeviri  [MK. 223] İngilizce Çeviri

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.

 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.

 İçtihat  [TCK. 181] Yargıtay 4. C.D. 2008/6206 E. 2008/10019 K.

Mahkeme kirletildiği ileri sürülen arazinin kime ait olduğunun tespit edilmesini suçun sübutuna mutlak etki edecek bir kanıt olarak değerlendirmiş ise de 5237 sayılı TCK.nun 181. maddesinde kirletilen toprağın mülkiyetinin kime ait olduğu hususu suçun öğeleri veya nitelikli halleri açısından önemli olmadığından atık madde biriktirilen arazinin tapu kayıt ve krokisinin dosya içerisinde bulunması da zorunlu değildir. Anılan yasal düzenlemenin ilgili kanun olarak gönderme yaptığı 2872 sayılı Çevre ...

 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.

 İçtihat  [TCK. 257] Yargıtay Ceza Genel Kurulu Esas No:2009/138 Karar No:2010/63

Ancak, katılan şirket ile bahse konu senedin alacaklısı arasında yargılama sırasında yapılan anlaşma ve noter huzurunda imzalanan feragatnameler ile sonrasında karşılıklı açılmış dava ve icra takiplerinin feragat nedeniyle sonuçlanması hususları göz önüne alındığında, sanığa isnat edilen eylemde, 5237 sy. yasanın 257. maddesinde yer alan "KİŞİLERİN MAĞDURİYETİ, KAMUNUN ZARARINA NEDEN OLUNMASI VEYA KİŞİLERE HAKSIZ KAZANÇ SAĞLAMA" öğelerinden hiçbiri gerçekleşmediğinden özel dairece verilen beraa...

 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.

 İçtihat  [MülgaHUMK. 10] yargıtay 11.HD 2006/412E. 2006/1370K.

“Bankaya ibraz edilen ancak karşılıksız kalan çek’e dayalı borcun, bu şekilde aranması tüketildikten sonra, götürülecek borç niteliğine dönüştüğü gözetilerek, HUMK’nın 10. maddesi uyarınca ifa yeri olarak BK’nın 73. madde hükmü nedeniyle, alacaklının ikametgah yeri mahkemesi de yetkili yerlerden biridir. Dairemizin 19.09.2005 tarih ve 8454-8277 sayılı ilamı da bu yöndedir. Bu itibarla, mahkemece, gerek keşide yeri, gerekse alacaklının ikametgah yeri itibariyle, doğru yer mahkemesinden ihtiyati ...

 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.

 Bilgi  [HMK. 49] Maddenin Anayasa'ya aykırı olduğunu ve iptali gerektiğini düşünmekteyim. Yeni HMK uyarınca dava sorumlu olduğu düşünülen hakime değil,Maliye Hazinesine karşı açılmaktadır. Her gün Türkiye'nin dört bir yanında Maliye Hazinesine karşı farklı hukuki gerekçelerle davalar açılmaktadır.Maliyenin hasım olduğu diğer davalarda para cezası öngörülmemişken,mevzu hakimlerin hukuki sorumluluğu olduğunda para cezası bariyerini vatandaşın önüne dikmek Türkiye'nin tarafı bulunduğu AİHS.md.6 ve 13'ün ihlali a...

 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.

 İçtihat  [KooperatifK. 17] Yargıtay 16. Hukuk Dairesi, Esas: 2008/2925, Karar: 2008/5625

Kooperatif üyeliğinden çıkan kişi, ödediği aidatların iadesini istediğinde; genel kurulda alınan '3 yıllık erteleme' kararı ileri sürülerek açılan icra takibine itiraz edilmiştir. Ancak bu itirazın haklı olabilmesi için, alınan karar, üyenin istifasından sonra alınmış bir karar olmalıdır.