Yüksek LisansAçık Erişim

The legal acts bound to the consent of the other spouse

2013
0 görüntülenme
0 i̇ndirme
Danışman: Yrd. Doç. Dr. Huriye Reyhan Demircioğlu

Özet (EN)

Altough the provisions of Turkish Civil Code numbered 4721 which went into effect in 01.01.2002 made significant changes in Domestic Relations, studies in the doctrine about the legal acts bound to the consent of the other spouse were insufficient. In spite of the fact that there are some studies examining the restrictions for family residences, we fail to see any detailed work which covers the restrictions the legislator made with the law numbered 4721. The legal acts in our work are about the acts for the family residences which are manifested by Civil Code article 194, the surety bond contracts emerging from the provisions of Obligations Codes article 584, the restriction verdict of the court (by Civil Code article 199) for one of the spouses' possession of spesific assets and the legal acts concerning the spouses' shared property possession and their share in the property which are set forth by Civil Code article 223/II provision about the acquired property participation regime which is a legal matrimonial regime. While the thesis is being written, the main concern was to scan all works directly and indirectly related to our subject, as much as possible. Apart from that, rulings of the Turkish and foreign courts regarding the main subject are examined and it's aimed to exhibit what kind of diversities may occur in practice. In the acts that the law asks for the consent of the other spouse, the extent of the consent differs for every respective case. Therefore, it's essential that the attribution of the consent and its outcomes to be inspected separately.

Yazar

Dr. Aybike Tunç

Bu Yayına Nasıl Atıf Yapılır

Aybike Tunç (Master Thesis). The legal acts bound to the consent of the other spouse, 2013, Gazi University.

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