The obligation of loyalty in the conjugal union

The thesis entitled "The Obligation of Loyalty in the Conjugal Union" primarily takes the provision of the article 185 of Turkish Civil Code as a fundamental ground and makes a comprehensive examination of spouses' obligation of loyalty in light of other legislation provisions. Marriages are the most important unions that constitute the fundamental structure of society. Healthy functioning of this institution, which makes up society, is crucial to maintain social order and raise healthy generations. As a matter of fact,peaceful and happy marriages shape the character and personality development of next generations. Hence, spouses' obligation of loyalty in the conjugal union affects the character of society, too. Even though the obligation of loyalty seems to be limited to the period of marriage in temporal terms, its starting time and continuance differ. As matter of fact, the doctrine involves a consensus on that the obligation of loyalty starts with engagement. The obligation of loyalty, which continues through marriage, is still in effect when the action for separation and even when the action for divorce is brought. This study evaluates the appearances of the obligation of loyalty in separate temporal scopes. However, the influences of some appearances of the obligation of loyalty manifest themselves even after the conjugal union comes to an end. It is sexual loyalty which comes into mind first when spouses' obligation of loyalty is mentioned. The obligation of sexual loyalty is considered to be violated by adultery. However, sexual disloyalty is not limited to adultery, and the obligation of loyalty does not cover sexual loyalty only. The doctrine also has a wide consensus on that the term "the obligation of loyalty" can be divided into sexual loyalty, economic loyalty, emotional loyalty, and physical loyalty. The articles that can be applied to the spouse violating the obligation of loyalty are addressed in the final part of the study. Both legal and penal sanctions can be applied depending on the appearances of the obligation of loyalty. However, though legal sanctions are examined in detail, penal sanctions are tried to be presented through article texts in this study. The last title of the study focuses on the liability of the third person involved in sexual disloyalty, which has been occupying the legal agenda recently. As a matter of fact, Court of Cassation and the doctrine have a consensus on that no compensation can be claimed from the third person involved in the act of cheat.