Mental illness in Turkish family law

Mental illness differs from other illnesses because it is a condition that can affect a person's ability to think and express his/her will. The legislator has also not been oblivious to this quality of mental illness. Although illness is mentioned in some cases in Turkish Civil Code, no consequences have been bound to any specific illness but mental illness. The provisions in the code, at which the consequence has been bound to mental illness, are included in the books of law of persons and of family law. As a matter of fact, mental illness, which is an illness that can affect a person's thinking and will, has many effects on family law issues. The provisions in the book of family law, at which consequences have been bound to mental illness, directly interest our study. Besides, due to the effects of mental illness on the person, the provisions regarding law of persons, which concern the capacity and qualifications of the person, are also in the field of interest of our study in line with their importance. In this study, first of all, the concept of mental illness, the extent of the illness and other concepts that need to be evaluated are emphasized in terms of Turkish Civil Code and the effects of mental illness on capacity are explained. Afterwards, the effects of mental illness on family law institutions were evaluated in accordance with the systematics of the Turkish Civil Code. Keywords: Mental Ilness, Capacity, The Power of Discernment, Engagement, Marriage, Divorce, Legal Representation, Strictly Personal Right.