Goods Regime Concept, Types, Selection
The rules regarding the goods regime in our law are generally; your spouses
each of them, their rights and obligations towards the property belonging to them and their spouse, from each other when the property regime ends (death
what are the rights they can claim from their heirs
organizes.
The Turkish Civil Code No. 4721 envisaged four types of property regime. These; the regime of participation in acquired goods (TMK m. 218-241), goods
separation regime (TMK m. 242-243), shared property separation regime (TMK
m. 244-255) and property partnership regime (TMK m. 256-281). Spouses must
they have to be subject to one of these four property regimes shown in the law. If they themselves agree to one of these four regimes with the property regime contract.
if they do not choose; so-called “legal property regime” against the law.
they will be deemed to have chosen the regime of participation in acquired goods (TMK m. 218-241).
Selection, modification and removal of the goods regime as a rule
It happens with the “goods regime contract”. This contract is “arranged” in the notary
or “validation” and is subject to very strict restrictions. The parties to be married can, if they wish, notify the marriage officer which property regime they have chosen during the marriage application.
The parties are valid in the laws of other countries other than those specified in the law.
They cannot choose another property regime, which is the property or which they will decide, and they cannot make any changes on the property regimes in the law outside the legal limits (TMK m. 202-205).
The goods regime contract can only be made by those who have the power to distinguish. In order for the property regime agreement to be made by minors and restricted persons, who have the power to distinguish, to be valid, the legal
Representatives’ consent is also required. Discriminating but limited
the consent of the legal representative in the goods regime contract to be made by the party
In addition, the permission of the guardianship authority is also required (TMK m. 462/9).
