Master'sOpen Access

Poverty alimony within the scope of Turkish Civil Code

2021
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Advisor: Doç. Dr. Selin Sert Sütçü

Abstract (EN)

Family law is a branch of law that includes provisions on there solution of disputes that mayar ise between the parties regarding the "family" institution, which is one of the most fundamental building blocks of society. Turkish Civil Code No. 4721 and T.C. The family institution is included in the Constitution. Due to the nature of Family Law; It is the basis for maintaining peace, order and family unity in the community. Family law plays an important role in the structuring of the family, in balancing the interests between the parties in the end of the family institution and in the protection of the socialorder. With the end of the family institution, the institution of poverty alimony, which is one of the subheadings of the family law ruled against the other party, has been arranged in favor of the party that will fallin to poverty. The subject of our thesis is poverty alimony with in the scope of the Turkish Civil Code numbered 4721. The provision of article 175 in the Turkish Civil Code regulating poverty alimony has been examined in detail. There are social economic concerns in the purpose of bringing alimony for poverty. Protecting the weak against the strong is one of the underlying considerations of poverty alimony. Poverty alimony; It is a financial aid that is ordered by the court, provided that the party that will fallin to poverty or face the danger of falling due to divorce, on the otherhand, is not more defective. Poverty alimony can be described as the continuation of the spouses' obligation to help and solidarity after divorce during the continuation of the marriage union. Poverty alimony is among the financial consequences of divorce. Among the types of alimony, it is under the heading of maintenance alimony. Within the scope of our thesis, poverty alimony in the current Turkish Civil Code has been examined, and its differences with our Former Civil Code numbered 743 have also been mentioned. Inaddition, in practice, within the scope of the Supreme Court Decisions, related decisions regarding how poverty alimony is handle dare also included. In our thesis, the concept of alimony, the legal nature and characteristics of alimony were mentioned; Our study has been completed by examining the beginning of poverty alimony, procedural provisions and termination conditions.

Author

Dr. Merve Bilge Akbulut

How to Cite

Merve Bilge Akbulut (Master Thesis). Poverty alimony within the scope of Turkish Civil Code, 2021, Akdeniz University.

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