Art. 236/II TCC, unlike its source, the Swiss Civil Code (SCC), regulated that in cases of adultery and attempt on life, the judge can reduce or abolish the defective spouse's share ratio of surplus. This article is criticised in doctrine for various reasons. First of all, the share ratio of surplus is an economic concept related to the regime of participation in acquired property and it is not correct that divorce due to adultery and attempt on life cause a change here. In addition, adultery and attempt on life have already been imposed by the lawmaker on various sanctions and should no longer have any effect on the share ratio of surplus. For the aforementioned reasons, it is beneficial for the judge to act timidly while applying the relevant provision and using his/her discretion.
|Yayımlanma Tarihi||30 Haziran 2020|
|Gönderilme Tarihi||11 Şubat 2020|
|Kabul Tarihi||26 Şubat 2020|
|Yayınlandığı Sayı||Yıl 2020 Cilt: 2 Sayı: 1|