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The arrow is out of the bow: the problem of applying the regime of participation in acquired property as a legal property regime in terms of existing marriages when the civil code came into force

Title	The arrow is out of the bow: the problem of applying the regime of participation in acquired property as a legal property regime in terms of existing marriages when the civil code came into force
Author	Master, Love
Publication Date:	2014
Publication Place	- Seçkin Publishing
Subject	Property law in marital union, Legal property regime, Participation in acquired property regime, Implementation of the Enforcement Law No. 4722, Domestic labor, Marital property law, The regime of participation in acquired property, Legal regime of property, The Application of Transitional Law (No: 4722), Domestic labor
Type	Periodical
Language	Turkish
Digital	Yes
Manuscript	No
Library:	Özyeğin University
Library Asset ID	1304-7949
Record ID	7296299d-ee34-4443-b4eb-3b46c666258d
Library Location	Law
Date	2014
Sample Text	With the Civil Code that came into force in 2002, the regime of participation in acquired property was accepted as the legal property regime in order to strengthen the position of the wife within the marriage. The principle of the regime is based on the principle of equal sharing between the spouses of the amount of property acquired by the spouses during the marriage, which is subject to participation receivables upon the termination of the marriage. The effect of this regime change on existing marriages at the time the Law came into force was regulated by the Enforcement Law No. 4722. Participation in acquired property regime, which is a legal property regime in the Swiss Civil Code, came into force in 1984, and existing marriages are made effective until the beginning of the marriage date, unless the spouses wish otherwise. However, according to the Enforcement Law No. 4722, the regime of participation in acquired property will be effective after the date it comes into force. The spouses' ability to make the regime effective from the beginning of their marriage date is regulated as an optional right that they can use within one year by signing a contract at the notary. Although this period ended on December 31, 2003, its effective provision continues to be discussed. It is claimed in the study that the limitation is contrary to the spirit of the law and the principle of equality., In order to strengthen the position of woman spouse in marriage, participation in acquired property regime has been accepted as the legal property regime in the union of marriage in the current Civil Code of Turkey. The essence of the regime is based on the equit sharing property which acquired during marriage by the termination of marriage. The effect of the regime change for existing marriages are arranged by the provisions of the Transitional Law No. 4722. The regime has been accepted and came into force as legal property regime in marriage union by Swiss Civil Code in 1984. The new law applies to marriages that exist when the Federal Act of 5 October 1984 comes into force, unless otherwise provided. However, according to the Transitional Law, the regime will be effective after the date of entry into force. According to the Turkish Law, the regime would not be effective from the beginning of the existing marriages. It is arranged as an optional right, spouses would be able to use these rights within one year from the date the regime entered into force, by making a of contract at a notary. Although this date lasted on 31 December 2003, the transitional provision is still being debated. The purpose of this regime is to create a new family and society order. Therefore the restriction is contrary to the spirit of the law, and it violates the principle of equality and justice. In this study is claimed that the restriction is contrary to the spirit of the law and the principle of equality.
Cilt	9

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Özyeğin University

The arrow is out of the bow: the problem of applying the regime of participation in acquired property as a legal property regime in terms of existing marriages when the civil code came into force

Author Master, Love

Publication Date 2014

Publication Place - Seçkin Publishing

Subject Property law in marital union, Legal property regime, Participation in acquired property regime, Implementation of the Enforcement Law No. 4722, Domestic labor, Marital property law, The regime of participation in acquired property, Legal regime of property, The Application of Transitional Law (No: 4722), Domestic labor

Type Periodical

Language Turkish

Digital Yes

Manuscript No

Library Özyeğin University

Library Asset ID 1304-7949

Record ID 7296299d-ee34-4443-b4eb-3b46c666258d

Library Location Law

Date 2014

Sample Text With the Civil Code that came into force in 2002, the regime of participation in acquired property was accepted as the legal property regime in order to strengthen the position of the wife within the marriage. The principle of the regime is based on the principle of equal sharing between the spouses of the amount of property acquired by the spouses during the marriage, which is subject to participation receivables upon the termination of the marriage. The effect of this regime change on existing marriages at the time the Law came into force was regulated by the Enforcement Law No. 4722. Participation in acquired property regime, which is a legal property regime in the Swiss Civil Code, came into force in 1984, and existing marriages are made effective until the beginning of the marriage date, unless the spouses wish otherwise. However, according to the Enforcement Law No. 4722, the regime of participation in acquired property will be effective after the date it comes into force. The spouses' ability to make the regime effective from the beginning of their marriage date is regulated as an optional right that they can use within one year by signing a contract at the notary. Although this period ended on December 31, 2003, its effective provision continues to be discussed. It is claimed in the study that the limitation is contrary to the spirit of the law and the principle of equality., In order to strengthen the position of woman spouse in marriage, participation in acquired property regime has been accepted as the legal property regime in the union of marriage in the current Civil Code of Turkey. The essence of the regime is based on the equit sharing property which acquired during marriage by the termination of marriage. The effect of the regime change for existing marriages are arranged by the provisions of the Transitional Law No. 4722. The regime has been accepted and came into force as legal property regime in marriage union by Swiss Civil Code in 1984. The new law applies to marriages that exist when the Federal Act of 5 October 1984 comes into force, unless otherwise provided. However, according to the Transitional Law, the regime will be effective after the date of entry into force. According to the Turkish Law, the regime would not be effective from the beginning of the existing marriages. It is arranged as an optional right, spouses would be able to use these rights within one year from the date the regime entered into force, by making a of contract at a notary. Although this date lasted on 31 December 2003, the transitional provision is still being debated. The purpose of this regime is to create a new family and society order. Therefore the restriction is contrary to the spirit of the law, and it violates the principle of equality and justice. In this study is claimed that the restriction is contrary to the spirit of the law and the principle of equality.

Cilt 9