The law of persons, family law and inheritance law are governed by the first three books of the Turkish Civil Code (Law No. 4721). This heading covers a person's identity and personality, family relations and the transfer of an estate.
Personality and identity
The law of persons governs who can hold rights, who can exercise those rights, and how a person's name, identity and personality are protected. In Türkiye these rules are set out in the first book of the Turkish Civil Code (Law No. 4721). Some of these matters require a court decision: under Article 27 of the Turkish Civil Code, a change of name may be requested from the judge only on just grounds; under the Civil Registration Services Law (Law No. 5490), civil registry records are also, as a rule, corrected by court decision. A person whose personality rights are unlawfully infringed may, under Articles 24 and 25 of the Code, request that the infringement be prevented or stopped and that compensation be paid.
- Change of name and surname; correction of civil registry records
- Protection of personality rights; pecuniary and non-pecuniary (moral) damages
- Capacity to act, majority and emancipation by court order
- Guardianship, restriction of capacity, guardian and legal adviser
- Declaration of absence and determination of death
- Formation and management of associations and foundations
Family law
Family law governs the formation of marriage, the rights and obligations of spouses, the dissolution of marriage and decisions concerning children. Divorce may be sought on one of the specific grounds listed in the Code or on the ground that the marital union has broken down irretrievably. Unless the spouses agree otherwise, the statutory matrimonial property regime is participation in acquired property. Custody decisions are based on the best interests of the child. Protective measures against domestic violence are regulated by Law No. 6284.
- Divorce by mutual consent and contested divorce
- Types of alimony
- Custody and personal contact with the child
- Matrimonial property regime and division of property
- Protective measures under Law No. 6284
Inheritance law
Inheritance law governs how a person's estate passes to the heirs upon death. Statutory heirs are determined by their degree of kinship to the deceased. A person may dispose of their estate by will or by an inheritance contract; however, the reserved shares of heirs such as descendants, parents and the spouse are protected. Disclaimer of inheritance must, as a rule, be made within three months. A certificate of inheritance is obtained from a notary or a civil court of peace.
- Statutory inheritance and reserved shares
- Wills and inheritance contracts
- Disclaimer of inheritance
- Certificate of inheritance
- Action for abatement and partition of the estate
This text is for general information purposes only; it is not legal advice.