Measures to protect the marriage union
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Abstract (EN)
The aim of this study is to present the measures to protect the marriage union in Turkish law, theoretically and in the light of judicial decisions, by referring to the situation in Swiss law. The drawbacks of quoting the Swiss Civil Code without adapting it and making it suitable for our social structure become evident when the provisions regarding the measures to protect the marriage union are examined. In this study, it will be discussed and evaluated that the judge's intervention in the marriage union, the consideration of the "family union" in Switzerland almost as a commercial partnership, and the extent to which it fits the Turkish family structure and understanding. The conclusions to be reached as a result of the discussion will be evaluated by presenting concrete examples regarding the necessity of "laws should not be quoted directly, but by adapting them to our social and cultural structure". Therefore, the reasons for the adoption of the measures stipulated in the 194th-201st provisions of the Turkish Civil Code will be discussed and evaluated in terms of Turkish law, the purpose of the aforementioned provisions and their ability to respond to the needs will be examined. Considering the recent legislative changes, a comparison with the developments in comparative law when necessary will make the study even more beneficial. In the study, the judicial practice will not be ignored at any stage and will be discussed in detail when necessary.
Author
Eda Erdem
How to Cite
Eda Erdem (Doctorate thesis). Measures to protect the marriage union, 2022, Yeditepe University.
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