Those are. The act of adultery of any one of the spouses is a cause for a divorce case. The classical definition of adultery in Turkish Law requires the fact of living together with someone else other than his or her spouse. A one time sexual intercourse with another third person is not deemed sufficient for a divorce case based on Adultery provisions of the Code but this act of disloyal behaviour is also reasons the divorce according to other provisios. In short, adultery is an ongoing, organized wrongful act of the faulty spouse mostly occurs as living and spending night time with another person in another place other than home. Finding out of an act of adultery which happened more than 5 years is not a valid reason for this No Sex Marriage Divorce Grounds of the code. The party who pardoned such an act has no right to depend on this provision either. Either spouses has the right to file a case for the reasons of an attempted murder, ill-treatment or higly degrading behaviours of other spouse. Conviction of a crime is mentioned as a legal No Sex Marriage Divorce Grounds for divorce int he provision. Dishonourable way of life, such as earning live with degraded methods like begging or prostituting is also a legal reason for the divorce demand by the other spouse. An abandoned spouse has the right to file a divorce case against the spouse who abandoned the home in order to avoid of his or her obligations arosen from conjugal community ie. Faulty act which defined by the law as of not returning home should be ongoing by the time the written notice sent and continued until the end of the given time period. Abandoned spouse must sent this above mentioned written notice which includes the time limit and the possible consequences filing for divorce in that case and wait for at least 2 months following the reciept of notice in order to file a case. Notice can not be sent before a time period of 4 months passed and case can not be filed before a time period of 2 months following the notice. If any of the spouses has been suffered from a mental illness which makes the joint life unbearable for the other one, a divorce case can be filed with the condition of obtaining a medical report by an official health board declaring there is no cure. The mental illness mentioned in the Code should be proved as incurable and the other spouse can not be expected to keep living together objecively. This is the most common and widley used legal reason for divorce cases in Turkey. Having not any specific definition within the text, any faulty action of each other spouses can be shown as a reason for filing a divorce case. No Sex Marriage Divorce Grounds the conjugal community is deteriorated on its basic foundation in a degree that none of the spouses can not be expected to keep going with it, each of the spouses can file a divorce case. The complaining spouse plaintiff-claimant is not expected to prove his or her innocence but should not be faultier than the other one in order to get a divorce verdict. The contested spouse who has lesser fault is entitled to rise an objection. Though, if there is no respected benefits for the respondent or the children left to be worthy to protect, than this objection might be considered as a misuse of right and divorce decision can be given. If the marriage has lasted for at least 1 year and both spouses file for divorce jointly uncontested divorce application or a spouse accepts the others demand for divorce, conjugal community is deemed deterierated from ground. In this case the judge should listen to the parties in person in order to decide if their free will is intact and economic results and conditions of children they decided with their agreement is fit. The judge has the right to make any changes to this agreement which he thinks appropriate for the benefit of the parties or children. Only if both parties agreed on those rearrangements a divorce can be decided. In the event of any divorce case based on any legal reason was rejected by the courtand 3 years passed following the finalized verdict, and a joint life could not be restored in anyway, conjugal community is deemed deterierated and upon request by any of the spouses a divorce decision shall be given. Gün içerisinde online danışma saati satın alabilir, Whatsapp Vb. Adultery The act of adultery of any one of the spouses is a cause for a divorce case. Attempted murder, ill-treatment or degrading behaviour Either spouses has the right to file a case for the reasons of an attempted murder, ill-treatment or higly degrading behaviours of other spouse. Same rules are applied as above regarding the time limit and pardon. Abandonment An abandoned spouse has the right No Sex Marriage Divorce Grounds file a divorce case against the spouse who abandoned the home in order to avoid of his or her obligations arosen from conjugal community ie. Mental Illness Disorder If any of the spouses has been suffered from a mental illness which makes the joint life unbearable for the other one, a divorce case can be filed with the condition of obtaining a medical report by an official health board declaring there is no cure. Deteriaration Of Conjugal Community This is the most common and widley used legal reason for divorce cases in Turkey. Yazar: Avukat Devrim Bozkurt. Avukatlık mesleğine kendisine ait DB Hukuk Bürosunda gerçek ve tüzel kişilere yasal danışmanlık ve dava takibi gibi hukuk hizmetleri vererek devam etmektedir. See more. Tapuda Veraset ve İntikal İşlemleri Rehberi. Vesayet Nedir?
Finding out of an act of adultery which happened more than 5 years is not a valid reason for this provision of the code. Faulty act which defined by the law as of not returning home should be ongoing by the time the written notice sent and continued until the end of the given time period. In contrast to adultery, the ground of living dishonorably is not subject to this article. The act of adultery of any one of the spouses is a cause for a divorce case. Bilgiyi kontrol etmek isteyen doğru ve yanlış cevaplı sorular dizisi. Keywords: adultery, living dishonorably, grounds of divorce, interpretation methods, equality — Introduction — Divorce is one of the possibilities of ending a valid marital relationship according to Turkish Civil Code.
Turkish pronunciation
Considering that the setting up of machinery to protect persons against sex discrimination is an important means of furthering equality between men and women;. grounds of sexual orientation, or any other personal status. However, this provision refers to Family Law in all matters relating to marriage and divorce. extramarital sex that willfully and maliciously interferes with marriage relations; "adultery is often cited as grounds for divorce": Injury; degradation. 21 The purpose of the contractual component is to provide a legal framework for legitimizing marital relations without affecting the spirit and purposes of.Individuals construct and reconstruct their gay, lesbian, bisexual, and transgender identities according to their culture and experiences. Both to prevent these problems and to develop a more equitable jurisprudence, the fact that a union of marriage which consists of a man and a woman can end because of the sexual intercourse between the same sexes, should be accepted. İçerik Oluştur. The problem is that the claimer should prove which gender of the third person, like biological sex or sexual identity that the third person internalized and reflected on society. Edition, İstanbul, Filiz. Under the Code of Hammurabi 18th century BC in Babylonia it was punishable by death by drowning, and in ancient Rome an offending woman could be killed, though men were not severely punished. Dishonourable way of life, such as earning live with degraded methods like begging or prostituting is also a legal reason for the divorce demand by the other spouse. The adultery is an absolute and specific ground of divorce which is indicated in article of the Turkish Civil Code. Gün içerisinde online danışma saati satın alabilir, Whatsapp Vb. Ayarlar bölümünü kullarak çevirisini görmek istediğiniz sözlükleri seçme ve aynı zamanda sözlüklerin gösterim sırasını ayarlama imkanı. English - English. In this case the judge should listen to the parties in person in order to decide if their free will is intact and economic results and conditions of children they decided with their agreement is fit. Resimler Google Resimler. Vesayet Nedir? The act of adultery of any one of the spouses is a cause for a divorce case. The contested spouse who has lesser fault is entitled to rise an objection. In that case, it is possible to say that there is a legal gap in the point of naming the term adultery. The interpretation gap in the act of adultery should be interpreted according to queer theory with the other interpretation methods. The distinction between adultery and living dishonorably has caused many problems about the equality of LGBT individuals. Kişisel Test. Veraset İlamı — Mirasçılık Belgesi Rehberi. Synonyms affair , carrying on , cheating , extracurricular activity , fling , fornication , hanky-panky , immorality , infidelity , matinee , playing around , relationship , thing , two-timing. Adultery is just specified as a ground of divorce without a certain definition in the Code. An abandoned spouse has the right to file a divorce case against the spouse who abandoned the home in order to avoid of his or her obligations arosen from conjugal community ie. Zina bir boşanma nedeniydi. Yazar: Avukat Devrim Bozkurt.
