AİLE HUKUKUNA HAKİM OLAN İLKELER

  1. ŞEKLE BAĞLILIK
  2. GENİŞ ÖLÇÜDE EMREDİCİ KURALLARA DAYANMA
  3. DEVLETİN MÜDAHALESİ
  4. İLİŞKİ TİPLERİNİN SINIRLI SAYIDA OLMASI
  5. EŞİTLİK
  6. ÇOCUKLARI VE ZAYIFLARI KORUMA

AİLE HUKUKUNUN İÇERİĞİ

Aile hukukunun içeriği şu şekilde maddelendirilebilir:

  • Aile kavramı
  • Aile hukukuna hakim olan ilkeler
  • Evlilik
  • Evlilik birliğinin oluşması
  • Nişanlılık ve nişanlılığın sona ermesi
  • Evlenme
  • Evlenmenin unsurları
  • Evlenme yaşı
  • Evliliğin genel hükümleri
  • Eşlerin hakları ve yükümlülükleri
  • Evlilik birliğinin ortadan kalkması
  • Evlilik birliğinde mal rejimleri
  • Mal rejimlerinin tasfiyesi

 

 

 

Aile hukuku, Medeni Hukukun, kişilerin aile çevresindeki ilişkilerini düzenleyen kısmıdır. Türk Medeni Kanunu aile ilişkilerini aile hukuku başlığını taşıyan ikinci kitabında düzenlemiştir. Bu kitap ise 3 ayrı bölümde düzenlenmiştir. Bunlar;

  • Evlilik (m.118-281)
  • Hısımlık (m.282-395)
  • Vesayet (m.396-494)
  1. kısım evlilik hukukudur. Bu kısımda, evliliğin nasıl kurulduğu, devamında hangi hükümlere tabi olacağı ve nasıl sona ereceği hususları düzenlenmiştir.
  2. kısım hısımlık hukukudur. Bu kısımda, ister evlilik içerisinde doğmuş olsun ister evlilik dışı birleşmeden doğmuş olsun, kişinin anne babası ve diğer hısımlarıyla doğumla kurulan ilişkisi ve bu ilişkiye bağlanan hükümler yer almıştır.
  3. Son kısım ise, vesayet hukukudur. Bu kısımda, normal bir aile düzeninin koruyuculuğundan yoksun küçükler ya da korunmaya muhtaç erginler için devlet kontrolü altındaki bir teşkilatın yani vesayet teşkilatının nasıl işleyeceği hususlarına yer verilmiştir.

 

test acordion

Accordion Sample Description1
Accordion Sample Description 1

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Cevap 1

Soru 2

Cevap 2

WHAT IS FAMILY LAW?

Family law, which is regulated under the Turkish Civil Code, is, in the simplest terms, the legal unit that deals with all family-related issues. It covers all family relations issues such as engagement, marriage, divorce, division of property, family housing, adoption, alimony, custody, trusteeship, and support alimony. It should be noted that this legal unit is independent in the fields of women’s rights and children’s rights. This is because these areas constitute a different field of study on their own. However, it is still considered within the discipline of family law.
This discipline, also known as matrimonial law, deals with disputes and problems that may arise in all areas related to the family institution. The distance and relationship patterns of spouses with each other, children and women’s rights are also protected within the scope of family law.

WHY IS FAMILY LAW IMPORTANT?

The field of family law, which ensures the protection of order within the society and ensures the safe and peaceful preservation of family unity, is very special and valuable. Because the status of the family, which is the smallest building block of society, is actually an institution of life that will affect the whole society.
Family law is a branch of law that protects both parties in the institution of marriage. Family law deals not only with marriage, but also with issues such as engagement or common life outside of marriage, children born out of marriage, even if they are born out of marriage, they are born with equal rights. The issues examined in family law are so wide that in some cases, the issues of interest can be carried to different legal units.
WHAT ARE THE TYPES OF FAMILY LAW CASES
As mentioned above, the most common types of lawsuits within the discipline of Family Law, which has a wide range and has many different fields of application: Divorce cases, liquidation of property regime, lawsuits and claims related to the accessories of divorce (custody, pecuniary and non-pecuniary compensation, alimony), jewellery case, case for the liquidation of property regime, separation case, lawsuits and claims requesting measures in accordance with Law No. 6284, guardianship (guardianship) case, paternity case, maternity case.

WHAT ARE THE BASIC PRINCIPLES AND RULES OF FAMILY LAW?

As the basic principles of family law, the principles and rules in the European Convention on Human Rights and our Constitution, the mandatory provisions and the prohibition of regulations contrary to public order and public morality, the rule of honesty and the prohibition of abuse of right in our Turkish Civil Code, the principle of the best interest of the child in requests and lawsuits regarding joint children, and the principle of protection of family unity can be counted. In cases related to Family Law, a solution method is determined according to these principles and the general principles of law, and a decision is made in accordance with the principle of equity. The point that should not be forgotten in Family Law is that the decision made or the law created is not only for a family, but for the society in general. Undoubtedly, since the provisions of Family Law almost shape the society, each principle and provision has been prepared in this manner.

COMPETENT AND AUTHORISED COURT IN FAMILY LAW CASES

In Family Law cases, the general court in charge is the Family Courts. However, depending on the nature of the legal transaction or work to be fulfilled, the Civil Courts of First Instance may also be in charge.

DIVORCE CASES

Divorce cases are divided into two as contentious divorce cases and uncontested divorce cases. All cases other than TMK 166/3 are called contentious divorce cases. Even if the parties agree on divorce, if they cannot agree on the secondary issues, the case will be in the form of a contentious divorce case. In short, in order to call a divorce case uncontested, the parties must agree on divorce, alimony, compensation, custody and establishing a personal relationship.
PROPERTY REGIME BETWEEN SPOUSES
The rules regarding the disposal and liquidation of the property owned by the spouses during the marriage union constitute the property regime. For marriages after 1 January 2002, if a property regime has not been chosen, the regime of participation in acquired property is valid. For marriages after 1 January 2002, separation of property regime is valid for the properties acquired until this date, and the regime of participation in acquired property is valid for the subsequent properties. The property regime agreement can be drawn up or ratified by a notary public. During the marriage application, the spouses may also choose the separation of property regime by making a written request.

ESTABLISHMENT OF PATERNITY

Paternity between the mother and the child is established at birth. If the child is born out of wedlock, the child is deemed to be illegitimate. The father of an illegitimate child may submit a written notification to the Civil Registry Office and establish paternity between himself and the child. This process is a recognition process. Even if the child is born outside the marriage union, he/she benefits fully from inheritance rights.
The lawsuit that can be filed by the mother or father against the person who does not provide the recognition institution with his consent is called “Paternity Lawsuit”. This right to file a lawsuit, which does not pass to the heirs with the death of the mother, is one of the rights strictly attached to the person. However, if the father is dead, the lawsuit can be filed against his heirs. A paternity lawsuit cannot be filed for a child who has a paternity relationship with another person, the existing paternity relationship must first be terminated.
In order to disprove the paternity between the father and the child for any reason, a “Denial of Paternity” lawsuit is filed. The father, mother and child have the right to file this lawsuit. A child born at least one hundred and eighty days after the marriage and at most three hundred days after the dissolution of the marriage is deemed to have been conceived within the marriage.

ADOPTION

The person who decides to adopt must first of all ensure that this institution is in the best interests of the child and that the rights of other children, if any, are respected. In order for minors to be adopted, they must have been cared for and educated by the adopter for one year. Spouses who have been married for at least five years and have reached the age of thirty can adopt together. At this point, it should be noted that people who are not in a marital union cannot adopt together. Unmarried persons can adopt alone, but the age limit between them must be at least 8 years old. Adoption relationship can only be established by court decision.

WHAT IS GUARDIANSHIP?

Guardianship is an institution valid for minors under the age of 18. A minor child is under the custody of the mother and father. If the mother and father are not married, the child under the custody of the mother can be appointed a guardian by court decision or the custody can be given to the father. If the joint life has been terminated or divorce has taken place, the custody is given to one of the spouses by court decision, taking into account the best interests of the child.

ALIMONY

Precautionary alimony is a temporary measure taken by the court in order to prevent the financial difficulties of the spouses during the divorce process. Likewise, an interim alimony may be ordered for the joint child to be paid to the spouse who has been granted custody of the child during the divorce or separation proceedings.
The party who will fall into poverty due to divorce may request alimony from the other party indefinitely in proportion to his/her financial capacity for his/her subsistence, unless his/her fault is more severe. Poverty alimony may be decided to be paid monthly or collectively. In cases where the judge decides to pay monthly alimony, it may be temporary or indefinite. The duration of the temporary alimony must be specified in the judgement. If the party who does not request poverty alimony during the divorce case does not waive this right, he/she may request poverty alimony by filing a separate lawsuit within 1 year from the finalisation of the divorce.
Alimony for participation is the alimony paid by the party without custody to the party with custody for the child after the divorce is finalised. The purpose of this type of alimony is the obligation of both parties to bear the financial burden necessary for the growth of the child. For this reason, there is no fault requirement for the award of this type of alimony. Alimony ends when the child reaches the age of 18.

CUSTODY

It is an institution to protect the minor who is not under guardianship or persons who cannot manage their property for various reasons. The guardian is appointed by the guardianship authority to ensure the management of the property of the minor or restricted person and to continue legal transactions. A trustee, on the other hand, is appointed by the guardianship authority to manage a certain business. The guardianship duty ends in the cases specified in the Law. It is terminated in cases where the guardian loses his/her capacity to act, dies, his/her term of office expires, he/she grossly neglects his/her duty, or abuses his/her powers. In addition, the guardian is obliged to withdraw from his/her duty if there are reasons that prevent the guardian from fulfilling his/her duty.