THE ANNOTATION OF MATRIMONIAL RESIDENCE WITHIN THE SCOPE OF THE CIRCULAR LETTER NUMBERED 1756 (2014/4)

Abstract

The Turkish Civil Code (TCC), which entered into force on 01 January2002, introduced the institution of the matrimonial residence as a new conceptto Turkish law. The matrimonial residence is protected against sometransactions that made by the spouse who has a legal right on the property.According to article 194 of TCC the spouse who has a legal right on theproperty, may terminate a tenancy agreement, transfer or limit the rights on theproperty of matrimonial residence only with the express consent of the otherspouse. If the matrimonial residence is a real estate, the non-owning spouse mayenrol a matrimonial residence annotation in the land registry according toarticle 194 (3) of TCC. Although the lack of the consent of the other spouse, thespouse who is the owner of the matrimonial residence may transfer theowneraship of property to a third party. In this case, it is especially importantthat who will be protected by the law under the protection of a good faith in theland registry specially. If the annotation of matrimonial residence is enroledinto the land register, the spouse who is the owner cannot be transfer theownership of property to the third party. Therefore the protection ofmatrimonial residence has become more effective with the annotation ofmatrimonial residence according to article 194 of TCC. The procedure ofmatrimonial residence’s annotation has been regulated by the circular letternumbered 1756 (2014/4) but not with the article 194 (3) of TCC. Therefore inthis study, the annotation of the matrimonial residence will be examined withinthe circular letter numbered 1756 (2014/4).

Özet

01 Ocak 2002 tarihinde yürürlüğe giren Türk Medeni Kanunu (TMK) Türk

Keywords: Aile konutu, aile konutunun korunması, aile konutu şerhi, tapu kütüğü