Journal Name:
- Annales de la Faculté de Droit d’Istanbul
Author Name | University of Author | Faculty of Author |
---|---|---|
Abstract (2. Language):
In Turkey, that the conjugal home generally belongs to or is
rented by the husband is a common fact. The former Turkish Civil
Code did not handle the spouses’ transactions pertaining to the
conjugal home. Thus, husbands could perform legal transactions
related to conjugal home without any limitations and this situation
could work to the disadvantage of women.
On the other hand, according to the former Turkish Civil Code,
the legal matrimonial property system mandated separation of
estates unless a different arrangement had been agreed upon. In
addition, pursuant to this legal system, where a property is coowned
by both spouses, each could dispose his or her share without
the other spouse’s consent. Consequently, this situation could be
harmful to the conjugal union.
Our legal system allows each spouse to enter into any legal
transaction with a third party provided the law makes no exception.
The suretyship of each spouse is valid since neither Turkish Civil
Code nor Turkish Code of Obligations has an exception on the
issue. Thus, this can harm the conjugal union as well. As the Turkish legislature observed these problems, new
Turkish Civil Code adopted Article 194 and 223/p.2 to address the
issues mentioned above. Moreover, the legislature adopted a special
disposition for the suretyship of each spouse in the Turkish Code of
Obligations project.
This article first analyzes the amendments originating from the
new Turkish Civil Code and secondly the potential dispositions of
the Turkish Code of Obligations project.
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FULL TEXT (PDF):
- 56
295-302