Master'sOpen Access

Legal proceedings related to the consent of the other

2019
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Advisor: Doç. Dr. Gamze Turan Başara

Abstract (EN)

The subject of the thesis is "Legal Procedures Based on Consent of Other Spouse." The thesis consists of three chapters except the introduction and conclusion sections. In the first section; In Turkish Law, the concept of legal capacity and the license status of married persons are explained. In the second part; The cases in which the consent of the spouse is sought in the Turkish Civil Code are divided into four headings, in the application of the provision regarding the restriction of the saving authority, the adoption of married adults and the disabled, the use of the right of the spouse who has the superior right in the saving transactions on the share of the property in question which legal procedures would require the consent of the other spouse. Adoption of the concept of family housing, as well as regulations concerning property regimes, have extended the scope of legal proceedings whose validity is subject to the consent of the spouse. The legal procedures that are connected to the consent of the spouse according to whether the ownership of the family residence belongs to one of the spouses or leased are explained in the study. Adoption of the concept of family housing, as well as regulations concerning property regimes, have extended the scope of legal proceedings whose validity is subject to the consent of the spouse. The legal procedures that are connected to the consent of the spouse according to whether the ownership of the family residence belongs to one of the spouses or leased are explained in the study. In the third section; In the Turkish Code of Obligations, it is mentioned that in cases where the consent of the spouse is sought and the family house is subject to the lease agreement, the consent of the other spouse will be required. During the preperation of this thesis, all the works directly and indirectly related to the subject were tried to be searched. In addition, the court decisions on the issue were examined and it was tried to show what kind of disputes the issue caused in practice. In cases where the law seeks the existence of the consent of the other spouse, the scope of the consent differs for each transaction. Therefore, the legal nature of the consent and the results of each transaction should be examined separately.

Author

Elif Yüksel

How to Cite

Elif Yüksel (Master Thesis). Legal proceedings related to the consent of the other, 2019, Çankaya University.

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Tüm Hakları Saklıdır

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