The adultery and living dishonorably are two different specific grounds of the divorce, in the Turkish divorce system. Although according to the Turkish Civil Code No. The distinction between adultery and living dishonorably is socially and culturally based on continuing inequality against LGBT individuals. Keywords: adultery, living dishonorably, grounds of divorce, interpretation methods, equality. Divorce is one of the possibilities of ending a valid marital relationship according to Turkish Civil Code. The grounds of divorce are regulated by the Turkish Civil Code No. These grounds can be classified from different aspects, such as general and specific causes. Specific causes consist of adultery, plots against life, grave assaults and insults, living dishonorably, desertion, and mental illness. In this article, adultery, and living dishonorably will be examined from different points. Adultery is not defined specifically under the Turkish Civil Code, and the common approach to the definition of adultery, which is developed by jurisprudence and literature, has caused discrimination on gender and sexual orientation in law. The adultery is an absolute and specific ground of divorce which is indicated in article of the Turkish Civil Code. Adultery is just specified as a ground of divorce without a certain definition in the Code. Therefore adultery can be clarified as one of the spouses has sexual intercourse with a member of the opposite sex knowingly and intentionally during the union of marriage. Although the content and limits of the definition of adultery are not stated in articlethe dominant comment is that adultery occurred between different sexes. This dominated comment just conditioned on the sexual relationship between opposite sexes is problematic in terms of the adultery. In that case, it is possible to say that there is a legal gap in the point of naming the term adultery. This gap can No Sex Marriage Divorce Grounds filled with judicial discretion and the methods of interpretation [4]. According to the objective historical interpretation method, homosexual relationships are excluded from the scope of adultery. Hence, it is not possible to file a divorce lawsuit that is reasoned to adultery because of the homosexual relationship. Pursuant to the Turkish Civil Code, homosexual relationships are subject to divorce due to living dishonorably. The distinction between adultery and living dishonorably has caused many problems about the equality of LGBT individuals. Also, this distinction provides that occurring different results in terms of ending a marital relationship. Although homosexuality is not banned in Turkish society, it is perceived as immoral and unnatural behavior, and the perception against homosexuality is reflected in court decisions about the divorce, in Turkey. For instance, when the reason of divorce based on homosexuality, the court enacted that the right of custody cannot be given to the mother who had homosexual intercourse. When the union of marriage ends with the ground of adultery, according to articlejudicial discretion can be used at law or in equity on the division of matrimonial property [8]. In contrast to adultery, the ground of living dishonorably is not subject to this article. Gender identity has overstepped the limits of the term gender. Individuals construct and reconstruct their gay, lesbian, bisexual, and transgender identities according to their culture and experiences. The problem is that the claimer should prove which gender of the third person, like biological sex or sexual identity that the third person internalized and reflected on society. Also, according to article 40, there are transsexual real persons who have not undergone gender reassignment surgery, and this makes complicated the determination of the opposite sex. The interpretation gap in the act of adultery has created many problematic and debatable situations in terms of the procedure of divorce cases, such as the burden of proof and determination. Both to prevent these problems and to develop a more equitable jurisprudence, the fact that a union of marriage which consists of No Sex Marriage Divorce Grounds man and a woman can end because of the sexual intercourse between the same sexes, should be accepted. The interpretation gap in the act of adultery should be interpreted according to queer theory with the other interpretation methods. Edition, İstanbul, Filiz. Edition, Ankara, Seçkin, p. E-posta hesabınız yayımlanmayacak. Bu site, istenmeyenleri azaltmak için Akismet kullanıyor. Yorum verilerinizin nasıl işlendiği hakkında daha fazla bilgi edinin.
Avukatlık mesleğine kendisine ait DB Hukuk Bürosunda gerçek ve tüzel kişilere yasal danışmanlık ve dava takibi gibi hukuk hizmetleri vererek devam etmektedir. Latin adulterium adulter, substituted for the older form of advoutry, q. Adultery The act of adultery of any one of the spouses is a cause for a divorce case. Etimoloji, Eş ve Zıt anlamlar, kelime okunuşları ve günün kelimesi. İçerik Oluştur. Divorce is one of the possibilities of ending a valid marital relationship according to Turkish Civil Code.
Turkish pronunciation
21 The purpose of the contractual component is to provide a legal framework for legitimizing marital relations without affecting the spirit and purposes of. Considering that the setting up of machinery to protect persons against sex discrimination is an important means of furthering equality between men and women;. However, this provision refers to Family Law in all matters relating to marriage and divorce. extramarital sex that willfully and maliciously interferes with marriage relations; "adultery is often cited as grounds for divorce": Injury; degradation. grounds of sexual orientation, or any other personal status.A one time sexual intercourse with another third person is not deemed sufficient for a divorce case based on Adultery provisions of the Code but this act of disloyal behaviour is also reasons the divorce according to other provisios. Abstract The adultery and living dishonorably are two different specific grounds of the divorce, in the Turkish divorce system. E-posta hesabınız yayımlanmayacak. If any of the spouses has been suffered from a mental illness which makes the joint life unbearable for the other one, a divorce case can be filed with the condition of obtaining a medical report by an official health board declaring there is no cure. For instance, when the reason of divorce based on homosexuality, the court enacted that the right of custody cannot be given to the mother who had homosexual intercourse. Yazar: Avukat Devrim Bozkurt. Bu site, istenmeyenleri azaltmak için Akismet kullanıyor. Search Translation Games Programs. Although homosexuality is not banned in Turkish society, it is perceived as immoral and unnatural behavior, and the perception against homosexuality is reflected in court decisions about the divorce, in Turkey. If the marriage has lasted for at least 1 year and both spouses file for divorce jointly uncontested divorce application or a spouse accepts the others demand for divorce, conjugal community is deemed deterierated from ground. Basit Test. Kelimelerin seslendirilişini otomatik dinlemek için ayarlardan isteğiniz aksanı seçebilirsiniz. According to the objective historical interpretation method, homosexual relationships are excluded from the scope of adultery. Although according to the Turkish Civil Code No. Faulty act which defined by the law as of not returning home should be ongoing by the time the written notice sent and continued until the end of the given time period. Individuals construct and reconstruct their gay, lesbian, bisexual, and transgender identities according to their culture and experiences. Yazım Türkçeleştirici ile hatalı Türkçe metinleri düzeltme. Adultery is just specified as a ground of divorce without a certain definition in the Code. Antonyms faithfulness. Conviction of a crime is mentioned as a legal reason for divorce int he provision. Resimler Google Resimler. Dishonourable way of life, such as earning live with degraded methods like begging or prostituting is also a legal reason for the divorce demand by the other spouse. Both to prevent these problems and to develop a more equitable jurisprudence, the fact that a union of marriage which consists of a man and a woman can end because of the sexual intercourse between the same sexes, should be accepted. Adultery is not defined specifically under the Turkish Civil Code, and the common approach to the definition of adultery, which is developed by jurisprudence and literature, has caused discrimination on gender and sexual orientation in law. Serbest Yazı. Notice can not be sent before a time period of 4 months passed and case can not be filed before a time period of 2 months following the notice.
