Abstract:

Turkish Civil Code made substantial regime change on status of the spouses regarding gaining properties, both during the marriage and consequent to the divorce. Former Civil Code accepted separation of assets as a legal regime, however the new Code has accepted the regime of participation in acquired property. This situation is harmonized with Swiss Law and also has similarities with the German Law. Basic principle at legal regime on marital assets is sharing the assets equally on the value of the properties by the spouses. Sharing is for acquired property. Personal properties are excluded. All gained properties are deemed acquired properties, unless proven otherwise. Calculation of claims regarding the acquired properties, which is called share, is made by the evaluation of the residual value. Evaluation of residual value is made by extracting the liabilities from the assets. Share of the spouse is found by dividing the surplus by two. Share can be given/paid by the debtor spouse with property, rather than monetary payment. Mode of payment will be chosen by the debtor spouse. Counterparty has no right on this part

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