Alimony pendente lite in Turkish Civil Code
2023
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Advisor: Prof. Dr. Mehmet Erdem
Abstract (EN)
This thesis aims to examine all the legal regulations regarding alimony pendente lite in the Turkish Civil Code. In the preparation of our study, the books and articles of dear professors, and the practices of the Court of Cassation were scrutinized, and in this regard, controversial issues, current opinions, and our humble opinions and recommendations on the subject are presented in detail under the relevant sections. In the first part of the study, the definition, purpose, legal basis, and legal nature of the alimony pendente lite, along with a comparison between alimony pendente lite and other alimonies regulated in the Turkish Civil Code are explained, and in the continuation of the part, the different types of alimony pendente lite regulated in the Turkish Civil Code are analyzed under separate sections in terms of their own conditions and characteristics. In the second part of the study, the common conditions required to rule alimony pendente lite have been examined under separate sections, which were formed according to the separate conditions stipulated for spouses and children. In the continuation of the second part, priorly, the characteristics of the alimony pendente lite as a type of alimony receivable, along with the exclusive characteristics of alimony pendente lite, such as the beginning of the alimony pendente lite, the points considered while deciding the amount of alimony pendente lite, the right to object to the alimony pendente lite and the change of the alimony pendente lite are explained. Finally, in the second part of the study, the procedural provisions accepted in terms of alimony pendente lite and the execution of the alimony pendente lite are explained within the framework of the relevant articles of the Code of Civil Procedure and the Code of Execution and Bankruptcy, and the termination of the alimony pendente lite is emphasized.
Author
Dr. Nur Zeynep Şen
How to Cite
Nur Zeynep Şen (Master Thesis). Alimony pendente lite in Turkish Civil Code, 2023, Galatasaray University.
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