HUK384

School of Law \ Law

3

4

Elective

Turkish

-

Bachelor of Law

In the course, divorce and property regime liquidation cases, which are an important part of family law, are discussed. In this context, the reasons for divorce, the consequences of divorce for spouses and children, the concept and types of property regime and the liquidation of the property regime are examined and petitions related to divorce and property regime liquidation cases are prepared.

Ahmet M. KILIÇOĞLU: Aile Hukuku, E. 7, Turhan Kitabevi, 2024.
Mustafa DURAL/Tufan ÖĞÜZ/Mustafa Alper GÜMÜŞ: Türk Özel Hukuku Cilt III, Aile Hukuku, Filiz Kitabevi, 2024. Suat SARI: Evlilik Birliğinde Yasal Mal Rejimi Olarak Edinilmiş Mallara Katılma Rejimi, Beşir Kitabevi, 2007. Zafer ZEYTİN: Edinilmiş Mallara Katılma Rejimi ve Tasfiyesi, E. 5, Seçkin Yayıncılık, 2021.
Turgut AKINTÜRK/Derya ATEŞ: Türk Medeni Hukuku Cilt: II, Aile Hukuku, E. 25, Beta Basım Yayın, 2024.
Bilge ÖZTAN: Aile Hukuku, E. 6, Turhan Kitabevi, 2015.
Aydın ZEVKLİLER/BeşirACABEY/Emre GÖKYAYLA: Medeni Hukuk (Giriş, Başlangıç Hükümleri,
Kişiler Hukuku, Aile Hukuku), E. 6, Seçkin Yayıncılık, 2000.
Hüseyin HATEMİ/Burcu KALKAN OĞUZTÜRK: Aile Hukuku I (Evlilik Hukuku), E. 6, On İki Levha YAyıncılık, 2018. Gözde Zeytin ÇAĞRI, Boşanmada Maddi Tazminat, On İki Levha Yayıncılık, 2024. Gülşah Sinem AYDIN ATEŞ, Boşanma Nedeniyle Edinilmiş Mallara Katılma Rejiminin Sona Erdiği Durumda Değer Artış Payının İstenmesine İlişkin Esaslar, On İki Levha Yayıncılık, 2024.

The aim of the divorce and property regime liquidation cases course is mainly to ensure that the students master the information on divorce and property regime. In addition, it is aimed to provide the students with the basic information on the preparation of petitions and protocols in divorce and property settlement cases.

1. Has a command of the reasons for divorce.
2. Has knowledge about custody, alimony, pecuniary and non-pecuniary compensation which are the components of divorce.
3. Has knowledge about the concept and types of property regime. Distinguishes between personal property and acquired property.
4. Have knowledge about the calculation of the participation claim in the property regime case and the issues affecting the participation claim.
5. Has the ability to work individually and as a team member in the face of problems related to divorce and property regime liquidation cases with the application studies carried out within the scope of the course.
6. Have the ability to follow current judicial decisions regarding divorce and property settlement cases.
7. Gains the ability to report and present the information learned in the course.

Week 1: General introduction to divorce law, special-general grounds for divorce, divorce according to Article 161 of TCC. The technique of preparing a petition in divorce cases.
Week 2: Divorce on the grounds of intent to take life, bad or degrading behavior in accordance with Article 162 of the TCC, divorce on the grounds of committing a crime and leading a life without dignity in accordance with Article 163 of the TCC, divorce on the grounds of abandonment in accordance with Article 164 of the TCC, divorce on the grounds of mental illness in accordance with Article 165 of the TMK. Answer preparation techniques in divorce cases
Week 3: Divorce on the grounds of the fundamental breakdown of the marriage union in accordance with Article 166 of the TCC, which is the general reason for divorce. Practical application of divorce case courts
Week 4: Custody, alimony and pecuniary and non-pecuniary compensation according to Article 174 of the TCC. Protocol preparation techniques in uncontested divorce case.
Week 5: The concept of property regime, types of property regime, the difference between personal property and acquired property, the legal property regime, the regime of participation in acquired property, the comparison of contribution and value increase share receivables. The technique of preparing a lawsuit and reply petition in the case of property regime liquidation.
Week 6: The concept of value to be added pursuant to Article 229 of the TCC, the missing participation claim against third parties pursuant to Article 241 of the TCC, the evaluation and calculation of the participation claim on pension bonuses and capital companies in terms of property regime liquidation.
Week 7: Determination of the changes that may occur in the ratio of the participation claim in the liquidation of the property regime in accordance with Article 236 of the TCC, evaluation of the claims that can and cannot be put forward in the property regime liquidation cases.
Week 8: Value increase share claim, calculations in the purchase of vehicles with credit in terms of participation claim.
Week 9: Cooperative and purchase of immovable property with credit (making payments within and outside the regime of participation in acquired property).
Week 10: Income of personal property, value increase share receivable, buying a house with a bank loan, bank interest and calculations regarding the payments of the immovable purchased before the legal property regime within the legal property regime.
Week 11: Practical study on divorce case.
Week 12: Practical study of property regime case.

• Midterm 40 %
• Final 60 %