Uncontested divorce in Turkish law
2024
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Advisor: Prof. Dr. Hayrunnisa Özdemir
Abstract (EN)
Divorce is an official procedure recognised by the legal system and applied by the parties who want to legally end the marriage union. When the parties step into the divorce process, there are basically two options before them. The most well-known and most commonly used of these options is contentious divorce, which is a much more arduous way compared to uncontested divorce, which is the main subject of this thesis. In this thesis, uncontested divorce, which is another way that can be considered much faster and easier than contentious divorce, is tried to be explained with many details. Uncontested divorce is regulated in paragraph 3 of article 163 of the Turkish Civil Code. In the first part of our study, the conceptual examination of divorce, which is regulated in our law, and its place in our law are mentioned, and then the systems accepted in the divorce law and the basic principles adopted and the reasons for divorce are examined in general terms. In the second part of our study, the conditions of uncontested divorce and the process of preparation of the uncontested divorce protocol are analysed and it is discussed how the difficulties that may arise in the process can be resolved. In the third and last part of our thesis, the legal consequences of uncontested divorce on the spouses and children are analysed. Our study is completed by supporting the opinions in the doctrine and various decisions of the Turkish Supreme Court.
Author
Dr. İlayda Hoşbaş
Institution
How to Cite
İlayda Hoşbaş (Master Thesis). Uncontested divorce in Turkish law, 2024, Ankara Social Science University.
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