Master'sOpen Access

The duration of poverty alimony

2018
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Advisor: Prof. Dr. Suat Sarı

Abstract (EN)

In the Turkish Civil Law, alimony is divided into two categories: support alimony and care alimony. Care alimony which consists of three sub-titles in itself are temporary alimony, poverty alimony and child alimony. In the scope of study, support alimony, temporary alimony and child alimony are only mentioned as necessary, throughout the study of thesis focused on poverty alimony and especially its duration. In the Turkish divorce law, one of the financial consequences of marriage is the poverty alimony. Poverty alimony that can be arised between spouses / ex-spouses is a type of claim. One of the characteristics of the poverty alimony, even the most remarkable, is its "indefiniteness". The aim of the study is to analyze the regulation in Article 175 of the Turkish Civil Code concerning the duration of poverty alimony, related to this, judicial decisions by taking advantage of the doctrine and comparative law. In accordance with this purpose, in the study, firstly, general information about the concept of alimony, characteristics of alimony claim and alimony types are given. In the second part the legal steps are analyzed from the emergence of poverty alimony claim to end of poverty alimony. In the third and last part of the study including only the duration of poverty alimony, firstly the history of legal regulations about the duration of poverty alimony, views of poverty alimony and its duration in comparative law are examined and the differences about these topics between Turkish law and comparative law are emphasized. In the following section, discretion power of judge in point of the duration of poverty alimony, criticisms in doctrine and application of the court of cassation which respecting of the duration of poverty alimony, decisions of Constitutional Court and our proposals are handled. Keywords: Divorce, Alimony, Temporary Alimony, Child Alimony, Support Alimony, Poverty Alimony, The Duration of Poverty Alimony, Discretion Power of Judge in Point of the Duration of Poverty Alimony

Author

Mesut Öcal

How to Cite

Mesut Öcal (Master Thesis). The duration of poverty alimony, 2018, İstanbul University.

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