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Ordinary and Extraordinary Matrimonial Regimes in Turkish Civil Code

Marriage which changes the "personal" status, it also the "financial" status of the spouses as well.
Tarık Kurban & Fatma Esra Güzeloğlu
                   

According to the Article 185 of the Turkish Civil Code (Law No:4721), through marriage the marriage union is established.                

Marriage which changes the "personal" status, it also the "financial" status of the spouses as well.

Matrimonial regimes can be portrayed as a legal institution that describes management and usage of asset that belong to spouses.  Matrimonial regimes also determine how assets shall be distributed at the end of the marriage.                
Article 202 of the Law No:4721 confers the right to choose the matrimonial regimes that are listed by the Law on spouses. If the spouses have not chosen one of the listed regimes, the regime of "participation in acquired property" is applied.                

The other matrimonial regimes that listed in the Law No:4721 are the regime of "Separation of Properties", the regime of "Shared Separation of Properties" and the regime of "Community of Properties"                

Reiterating such, the parties can only choose the regimes that listed in the Law No: 4721.

Ordinary and Extraordinary Matrimonial Regimes                

Ordinary Matrimonial regimes are the regimes which are applied to marriages when the spouses choose a regime or utilizes predetermined regime by law.                  

In certain extraordinary situations, the regime of participation in acquired property, the regime of shared separation of properties or the regime of community of properties are converted to the regime of separation of properties by judge or in some cases by law. The conversion, which must be made against the will of one of the spouses, reflects its extraordinary character.                   

The aim of this application is to protect the spouses or the creditor of the spouses.

Transition to Extraordinary Matrimonial Regime

1. Upon the Request of One of the Spouses                

According to Article 206 of the Law No:4721, If there is a justifiable reason, the judge may decide for the conversion of current regime to regime of separation of properties upon the request of one of the spouses.                

Article 206 of the Law No:4721 specifically qualifies below listed as justifiable reasons;                

i. The situation of economic insolvency for one of the spouses,                
ii. The situation of impressment of his/her share in the partnership,                
iii. The situation that one of the spouses jeopardized the interests of the other spouse or the partnership,
iv. The situation that one of the spouses do not give his/her consent to using the properties of the matrimonial regime to other spouse without any justifiable reason,                
v. The situation that one of the spouses refrains from providing information about assets, properties, income and debts,
vi. The situation that one of the spouses permanently lost his/her power of discernment.            

2. Upon the request of the creditor                

According to the Article 210 of the Law No:4721, if a creditor, who commences a proceeding before the Enforcement and Execution Offices against the one of the spouses, suffers a loss, then it may make a request before the judge for latter's verdict on the conversion of the regime of the separation of the property.

        3. Ex Mero Motu Transition of Matrimonial Regime Pursuant to the Law
    
Article 209 of the Law No:4721 stipulates that if a decision of the bankruptcy concerning one of the spouses who have priorly consented on the regime of the Community of the Properties is finalized, then the regime will be automatically converted to the regime of the Separation of the Property.                

According to Article 211 of the Law No:4721, if the creditor would be compensated, the judge may decide on the reestablishment of the regime of the community of properties, upon the request of one of the spouses.  
Author: Fatma Esra Güzeloğlu & Tarık Kurban
Relevant Fields: International Family Law
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