Concept, Types And Selection Of Property Regime
Concept, Types and Selection of Property Regime
The rules regarding the property regime in our law generally regulate the rights and obligations of each spouse regarding the property belonging to him/her and his/her spouse, and the rights that they can claim from each other (and from their heirs in case of death) when the property regime is terminated. Turkish Civil Code No. 4721 provides for four types of property regimes. These are the regime of participation in acquired property (TCC Art. 218-241), the regime of separation of property (TCC Art. 242-243), the regime of separation of property with sharing (TCC Art. 244-255) and the regime of community of property (TCC Art. 256-281). Spouses must be subject to one of these four property regimes specified in the law. If they do not choose one of these four regimes through a property regime agreement, they will be deemed to have chosen the regime of participation in acquired property (TMK Art. 218-241), which is called the “legal property regime” in the face of the law. As a rule, the selection, change and abolition of the property regime is made through a “property regime agreement”. This agreement can be made in the form of “arrangement” or “ratification” at the notary public and is subject to very strict limitations. If the parties to the marriage wish, they can inform the registry office of their choice of property regime during the marriage application. The parties may not choose any other property regime other than the ones specified in the law, which are valid in other countries’ laws or which they themselves decide, nor may they make any changes to the property regimes in the law, except within the legal limits (Art. 202-205 of the TCC). The property regime agreement can only be made by those who have the power of discernment. In order for the property regime agreement to be valid for minors and restricted persons who have the power of discernment, the consent of their legal representatives is also required. In the property regime agreement to be made by the party who has the power of discernment but is restricted, the consent of the guardianship authority is also required in addition to the consent of the legal representative (Art. 462/9 of the TCC).
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