Abstract:

             In Turkish and Swiss law, spouses may demand material compensation, immaterial compensation, alimony and division of property regime from each other in the case of marriage union ending by divorce. Even if Turkish Civil Code and its source which is Swiss Civil Code predict similar regulations for the results of divorce, there have been amended many significant changes in Swiss Civil Code after Turkey took into force its Civil Code in 01.01.2002. One of the main changes made in 2017 by Switzerland ist to share the retirement insurance savings and retirement benefits. In addition, the amendments in the Swiss Civil Code in 2017 have made it possible to share the retirement insurance savings and retirement benefits. In Turkish law, in accordance with the regime of participation in acquired property, the payments such as retirement pension, retirement bonus, invalidity pension, severance pay which are made by the social security institutions during the period of the property regime can be shared. There is no regulation related to this in Turkish law. This study aims to examine the scope and provisions of apportionment of the rights arising from retirement in Switzerland and Turkish law and to contribute to future regulations in the Turkish law.

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