Mesajı Okuyun
Old 20-07-2007, 11:18   #4
Av. Bülent Sabri Akpunar

 
Varsayılan

Dear Konuk,

The relevant Articles of the Turkish Civil Code are as follows :

Alıntı:
Art. 145 / 1 :

"The marriage is null and void in case one of the spouses is already married with another person in the time of the marriage"

Art. 156 :

"A void marriage terminates only if it is nullified by a decree of a Court.It takes effect as a valid marriage until the decision of the Court even it is null and void."

Art. 146 :

"The Public prosecutor files for nullification of a void marriage by his own initiative. This case can be brought before the court by all persons relevant"

Art. 147 / 3 :

"The second marriage cannot be rendered invalid by Court provided that the first marriage has already been terminated before the judgement for nullfication and the spouse of the second marriage is in good faith.”

Art. 12 of the Turkish International Code of Civil Procedure :
" The national laws of each spouse in the time of the marriage shall seperately govern the marital capacity and requisites to marry."

In the light of the above mentioned provisions, we may draw the conclusion that the marriage registered in Turkey must be nullified by a court decision.This can either be done via public prosecution which shall act on your due complaint or by your own initiative.You shall substantiate in the case that your husband has already been married with you and this marriage is still valid.