Recent developments in Turkish family law / edited by F. Ibili and Zeynep Derya Tarman.

Format:

Book

Contributor:

Ibili, F. (Fatih), editor.

Tarman, Zeynep Derya, editor.

Language:

English

Subjects (All):

Domestic relations (International law).

Domestic relations--Turkey.

Domestic relations.

Physical Description:

1 online resource (106 pages)

Edition:

First edition.

Place of Publication:

The Hague, IL : Eleven International Publishing, [2020]

Summary:

This book offers a comprehensive overview of recent developments in Turkish family law, catering specifically to legal practitioners in Europe. It addresses both private international law and substantive law aspects, with a focus on the recognition and enforcement of foreign divorce decisions, the role of fault in divorce proceedings, the dissolution of the matrimonial regime, and issues related to the surnames of women and children, as well as joint custody after divorce. The book highlights recent legislative amendments and case law from Turkey's Court of Cassation and Constitutional Court, aiming to enhance the understanding and application of Turkish family law within European legal contexts. Edited by Professors Fatih Ibili and Zeynep Derya Tarman, it serves as a vital resource for those dealing with cross-border family law issues involving Turkish citizens. Generated by AI.

Contents:

Intro

TABLE OF CONTENTS

PREFACE

RECOGNITION AND ENFORCEMENT OF FOREIGN DIVORCE DECISIONS IN TURKEY

1 Introduction

2 Legal sources regulating recognition and enforcement in Turkey

3 International conventions

4 Recognition and enforcement under the PIL Code

4.1 The distinction between recognition and enforcement under Turkish law

4.2 Prerequisites for recognition and enforcement (Art. 50 of the PIL Code)

4.2.1 The foreign decision shall be pertaining to a civil or commercial matter

4.2.2 The decision shall be rendered by a state court

4.2.3 The decision must be final

4.3 Conditions of recognition and enforcement

4.3.1 Reciprocity

4.3.2 Exclusive jurisdiction

4.3.3 Exorbitant jurisdiction

4.3.4 Public policy

4.3.5 Procedural rights of the defendant

4.4 Procedure for recognition and enforcement before Turkish courts

4.4.1 Local jurisdiction of Turkish courts

4.4.2 Legal interest

4.4.3 Petition

4.4.4 Court fees and expenses

4.4.5 The limitation period

5 Recognition under Article 27/A of the Law on Civil Registry Services

5.1 Conditions for recognition

5.2 Procedure for recognition

THE ROLE OF FAULT IN DIVORCE PROCEEDINGS IN TURKISH FAMILY LAW

2 The role of fault in the grounds for divorce

3 The role of fault in the material consequences of divorce

3.1 Liquidation of the matrimonial regime

3.2 Inheritance rights of the surviving spouse

3.3 Compensation for material and moral damages

3.4 Post-divorce alimony

4 Conclusion

DISSOLUTION OF THE MATRIMONIAL REGIME OF PARTICIPATION IN THE ACQUISITION IN TURKISH LAW

1 Preliminary remarks

2 Introduction

2.1 The development of Turkish matrimonial property law

2.2 The main features of the regime of participation in the acquisition

2.2.1 General.

2.2.2 Main difference with the German community of gains: the allocation of the cyclical increase or decrease in value

2.2.3 The marriage-related contribution

2.2.4 The return on personal assets as acquisition

3 The adoption of participation in the acquisition in Turkey

3.1 By the legislator

3.2 Through jurisprudence and jurisdiction

3.2.1 Individual dissolution and debts

3.2.2 Implementation to resolve the conflict situation between the spouses

4 Consequences

THE SURNAME OF WOMEN AND CHILDREN IN TURKISH LAW

2 Overview of the relevant sources of law

3 The surname of women

3.1 The surname of women after marriage

3.2 The surname of women after the death of their husband

3.3 The surname of women after divorce

4 The surname of children

4.1 Acquisition of the surname by birth

4.2 Change of the surname of children

4.2.1 Change of the surname by court order in general

4.2.2 Change of the child's surname by court order after the parents' divorce

4.2.3 Change of the child's surname by court order in other cases

5 Conclusion

JOINT CUSTODY AFTER DIVORCE: NO LONGER A TABOO FOR TURKISH COURTS

2 How do Turkish courts deal with foreign laws allowing joint custody after divorce?

2.1 Overuse of the public order exception until 2017

2.2 The tipping point: the C.L.B. decision

3 Joint custody under Turkish law

3.1 Relevant provisions of the Turkish Civil Code

3.2 The traditional approach

3.3 The liberal approach

3.4 Recent case law

4 Concluding remarks.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

Description based on print version record.

ISBN:

9789089742377

9089742379

OCLC:

1377818269