Some Reflections on Transactions Requiring Spousal Consent

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.