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: No Sex Marriage Divorce Grounds, 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 be filled with judicial discretion and the methods of interpretation [4]. According to the objective historical interpretation method, homosexual No Sex Marriage Divorce Grounds 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 a 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. No Sex Marriage Divorce Grounds hesabınız yayımlanmayacak. Bu site, istenmeyenleri azaltmak için Akismet kullanıyor. Yorum verilerinizin nasıl işlendiği hakkında daha fazla bilgi edinin. İçerik Oluştur. Abstract The adultery and living dishonorably are two different specific grounds of the divorce, in the Turkish divorce system. Keywords: adultery, living dishonorably, grounds of divorce, interpretation methods, equality — Introduction — Divorce is one of the possibilities of ending a valid marital relationship according to Turkish Civil Code. Beğendiniz mi?
When the union of marriage ends with the ground of adultery, according to article , judicial discretion can be used at law or in equity on the division of matrimonial property [8]. 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. Arkadaşlarınızla Paylaşın! Tapuda Veraset ve İntikal İşlemleri Rehberi. Serbest Yazı. Attitudes toward adultery in different cultures have varied widely.
Turkish pronunciation
However, this provision refers to Family Law in all matters relating to marriage and divorce. Considering that the setting up of machinery to protect persons against sex discrimination is an important means of furthering equality between men and women;. extramarital sex that willfully and maliciously interferes with marriage relations; "adultery is often cited as grounds for divorce": Injury; degradation. 21 The purpose of the contractual component is to provide a legal framework for legitimizing marital relations without affecting the spirit and purposes of. grounds of sexual orientation, or any other personal status.See more. English - Turkish. Abstract The adultery and living dishonorably are two different specific grounds of the divorce, in the Turkish divorce system. E-posta hesabınız yayımlanmayacak. 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. Prohibitions against adultery are found in virtually every society; Jewish, Christian, and Islamic traditions all condemn it, and in some Islamic countries it is still punishable by death. Hyphenation a·dul·te·ry. Vesayet Nedir? The adultery is an absolute and specific ground of divorce which is indicated in article of the Turkish Civil Code. These grounds can be classified from different aspects, such as general and specific causes. 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. Abandoned spouse must sent this above mentioned written notice which includes the time limit and the possible consequences filing for divorce in that case and wait for at least 2 months following the reciept of notice in order to file a case. Gün içerisinde online danışma saati satın alabilir, Whatsapp Vb. Finding out of an act of adultery which happened more than 5 years is not a valid reason for this provision of the 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. This dominated comment just conditioned on the sexual relationship between opposite sexes is problematic in terms of the adultery. Sesli Sözlük garantisinde Profesyonel çeviri hizmetleri. Bu site, istenmeyenleri azaltmak için Akismet kullanıyor. Specific causes consist of adultery, plots against life, grave assaults and insults, living dishonorably, desertion, and mental illness. 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. Having not any specific definition within the text, any faulty action of each other spouses can be shown as a reason for filing a divorce case. Though, if there is no respected benefits for the respondent or the children left to be worthy to protect, than this objection might be considered as a misuse of right and divorce decision can be given. 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. Same rules are applied as above regarding the time limit and pardon.
