Legal Terminology - Ders 3
Legal Terminology - Ders 3
Legal Terminology - Ders 3
17.10.2023
Öğr. Gör. Begüm Yiğit
In General
Engagement does not constitute an enforceable contract. It does not compel any
of the parties to marry, and it does not prevent a marriage with someone else.
Consequences of Breach:
1. Reciprocal return of the gifts given by the fiancées, their parents or those
acting similar to the parents;
2. Material and/or immaterial damages may be recovered against a party that
breaks the engagement without reasonable cause.
Marriage
Following the celebration of civil marriage, the spouses enter into the
marital life where they are bound with "family law duties" towards
each other.
During the last decades, two current trends appeared in Turkish family
law.
Marital Life
1. Equality -> The family is now based on equality between the husband
and wife in the family. The husband is no more "head of the family".
• Woman and man are treated almost in all cases equal and have the
right and duty to govern the family together (CC Art 186).
Marital Life
E.g. The concept of "family house" was introduced. It is forbidden for the
spouses to alienate the ownership of the family house, to restrict the
rights on it, and to terminate the rental contract without the explicit
consent of the other spouse (CC Art 194/1).
Matrimonial Property Systems
They are not allowed to create a new regime or to amend the content of
the regime they have chosen.
Family Courts may grant a divorce in case a legal ground for divorce
can be found.
E.g. Continuous disagreement among the parties, the lack of trust have
been found as causes of incompatibility in court practice.
General Grounds for Divorce
Such an option is available only in case the marriage has lasted at least
one year!
General Grounds for Divorce
The other party can file a lawsuit on the condition that he/she cannot be
expected to continue the common life.
Specific Grounds for Divorce
D. Desertion-> If one of the parties leaves the home to avoid the duties of
the marriage and does not return or offer justification for this absence.
E. Mental illness-> It may also appear after the marriage. Such illness
should make normal married life unbearable for the other party (CC Art
165).
Legal Consequences of Divorce
Upon divorce, the parental authority over the children may be given to
one of the parties.
Financial Consequences
1. A party may demand material or immaterial damages from the other party
if it has been found that the latter is primarily responsible for the divorce.