The real surrogation in Turkish Family and Inheritance Law

Under the rule of the principle of real surrogation, anything acquired through a component of a special asset, falls into the same asset. This principle which has its roots back in Greek and Roman law, functions as a protection mechanism that hinders special assets from losses. The principle of real surrogation is regulated under German BGB. The related sections of BGB and German doctrine has great influence on Swiss and Turkish law. In this thesis, it is aimed to find out whether or not the principle of real surrogation is applied in the fields of Turkish matrimonial property law (limited to Participation in Acquired Property Regime), Turkish child custody law within the scope of child's assets and Turkish inheritance law. This thesis consists of three sections. In the first section, the concept of the principle of real surrogation and general approach in the German, Swiss, Turkish Law and Common Law towards this principle are presented. The aim of this principle and its relationship with special assets are determined. The second section of this thesis is devoted to Turkish family law. In this section, the appearance of real surrogation in the regime of participation on the acquired assets (the statutory matrimonial property regime under the Turkish law) and child law in relation with a child's special assets, whether this principle will be applied in these fields, and if so, under what conditions are discussed. In the last section, Turkish inheritance law is reviewed. In this section, the appearance of real surrogation in the community of heirs, in the inheritance suits and during the time of the prior heir, whether this principle will be applied in these fields, and if so, under what conditions are discussed.