What Is Settlement And Prevailing Principles
DEFINITION
Article 19/1 of the Turkish Civil Code defines the place of settlement as follows: “A place of settlement is the place where a person resides with the intention of staying permanently”
PRINCIPLES GOVERNING THE SETTLEMENT
1) Uniqueness of Settlement
Article 19/2 of the Civil Code. In our law, a person cannot have more than one place of residence. This rule applies to both natural and legal persons. However, it does not apply to commercial and industrial organizations. Nevertheless, the principle of uniqueness of domicile does not mean that a person cannot have relations with more than one place. A person may have houses in different places where he/she stays in summer and winter, in such a case, the judge will decide where the place of residence is. (In accordance with Article 4 of the Civil Code, he/she uses his/her discretionary power).
If one of the spouses resides in a different place, the house they share is considered as their residence in accordance with Article 186 of the TMK.
2) Necessity of Settlement
This principle shows that everyone must have a place of residence. For those who do not have a place of residence, provisions are made accordingly in CC 20. According to paragraph 2, the place of residence of those who do not have a place of residence in Turkey shall be deemed as their place of residence.
3) Continuity of Settlement
It means that everyone has a place of residence from birth to death. One can of course change one’s place of settlement, but one has a place of settlement from birth to death, and this is what continuity means.
Types of Settlement
1) Independent Settlement: It is the name given to the settlement established by those outside the Turkish Civil Code. It is the settlement established by the person independently. It has two conditions; intention of permanent residence and intention to settle.
2) Legal Place of Residence: The persons specified in Article 21 of the TCC are subject to legal, i.e. non-independent domicile. “The place of residence of the child under custody is the place of residence of his/her mother and father; if the parents do not have a common place of residence, the place of residence of the mother or father to whom the child is left. In other cases, the place of residence of the child shall be deemed to be his/her place of residence.
The place of residence of persons under guardianship is the place where the guardianship authority to which they are subject is located.”
The place of residence of children under custody is the common residence of the parents or, if they do not have a common residence, the place of residence of the parent to whom custody has been relinquished.
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