17 Nov THE TERM OF MATRIMONIAL PROPERTY, TYPES AND CHOOSING
In general, the rules regarding the goods regime in our law;
the rights, obligations of each of them to the property belonging to him and his wife, from each other when the property regime ends (death
what are the rights they can claim (from their heirs
it is organized by.
The Turkish Civil Code No. 4721 provides for four types of goods regimes. These are; the regime of participation in acquired goods (TMK m. 218-241), good
the separation regime (TMK m. 242-243), the regime of separation of goods by sharing (TMK
m. 244-255) and the goods partnership regime(TMK m. 256-281). Spouses must
they must be subject to one of these four property regimes, which are indicated in the law. If they themselves own one of these four regimes, then by agreement of the regime
if they do not choose; the so-called “legal goods regime” in the face of the law
the regime of participation in acquired goods (TMK m. 218-241) will be considered elected.
As a rule, the selection, modification and removal of the goods regime
it happens with the ”contract of the goods regime”. This contract is notarized in the “regulation”
or it can be made in the form of ”confirmation” and is subject to very strict limitations. If they wish, the parties who will marry can inform the marriage officer which property regime they have chosen during the marriage application.
The parties apply to the laws of other countries, except as provided in the law
they cannot choose any other goods regime that is available or that they will decide on themselves, nor can they make any changes to the goods regimes in the law, except within legal limits (TMK m. 202-205).
The contract of the goods regime can be concluded only by those who have the power to distinguish it. In order for the goods regime agreement to be valid, which will be made by small and limited persons who have the power to distinguish, it is legal
the consent of their representatives is also required. It has the power to distinguish but is limited
the consent of the legal representative in the contract of the goods regime that the contracting party will make
in addition, the permission of the guardianship authority is also required (TMK m. 462/9).(TMK= Civil Code)
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