The Turkish Civil Code (TCC), which entered into force on 01 January
2002, introduced the institution of the matrimonial residence as a new concept
to Turkish law. The matrimonial residence is protected against some
transactions that made by the spouse who has a legal right on the property.
According to article 194 of TCC the spouse who has a legal right on the
property, may terminate a tenancy agreement, transfer or limit the rights on the
property of matrimonial residence only with the express consent of the other
spouse. If the matrimonial residence is a real estate, the non-owning spouse may
enrol a matrimonial residence annotation in the land registry according to
article 194 (3) of TCC. Although the lack of the consent of the other spouse, the
spouse who is the owner of the matrimonial residence may transfer the
owneraship of property to a third party. In this case, it is especially important
that who will be protected by the law under the protection of a good faith in the
land registry specially. If the annotation of matrimonial residence is enroled
into the land register, the spouse who is the owner cannot be transfer the
ownership of property to the third party. Therefore the protection of
matrimonial residence has become more effective with the annotation of
matrimonial residence according to article 194 of TCC. The procedure of
matrimonial residence’s annotation has been regulated by the circular letter
numbered 1756 (2014/4) but not with the article 194 (3) of TCC. Therefore in
this study, the annotation of the matrimonial residence will be examined within
the circular letter numbered 1756 (2014/4).
Primary Language | Turkish |
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Subjects | Law in Context |
Journal Section | Research Article |
Authors | |
Publication Date | December 26, 2019 |
Submission Date | May 2, 2019 |
Published in Issue | Year 2019 Volume: 21 Issue: 2 |
Dokuz Eylül University Law Review
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