The Constitutional Court decision dated 14.03.2024 and numbered 2023/116 E. 2024/56 K. is published in the Official Gazette dated 19.04.2024 As per the aforementioned Constitutional Court decision; The following provision ‘In the event that the lawsuit filed for any of the grounds for divorce is decided to be dismissed and three years have passed from the date of finalization of this decision, if the common life cannot be re-established for…
With the decision of the Constitutional Court 26/07/2023, file numbered 2023/37, decision numbered 2023/140; the 1st subsection of Article 286 of the Turkish Civil Code No. 4721 which states that “The husband can refute the presumption of paternity by filing a lawsuit for denial of lineage. This lawsuit is filed against the mother and child.” was annulled unanimously as it was found to be contrary to Articles 20 and 40…
With the decision of the Constitutional Court dated 26/07/2023, file numbered 2023/3, decision numbered 2023/139; the 4th subsection of Article 314 of the Turkish Civil Code numbered 4721 which states that “The names of the adopted spouses are written as the mother and father’s names in the civil registry of minors who are adopted by the spouses together and who do not have the mental competence.” was annulled unanimously as…
“With its decision dated 15.03.2023 and numbered 2021/848 E., 2023/213 K. of the Court of Cassation Assembly of Civil Chambers, it has been decided that obligation of loyalty is eliminated in the cases where the divorce lawsuit has been finalized in terms of divorce, but it is ongoing in terms of the secondary claims, by stating that: “The marriage union of the spouses and the obligation of loyalty arising from…