Turkish Civil Code

Turkish Civil Code

The Turkish Civil Code is characterized by non-discrimination between individuals according to the considerations of religion, sect, language, ethnicity, not even nationality, political thought and philosophical belief. Rather, it applies to all persons who bear international protection.

The Turkish civil law has taken care of several basic issues such as marriage, inheritance, divorce and how to obtain Turkish citizenship, and we will highlight in this article on the details of these matters according to the civil law in Turkey.

Marriage within the Turkish Civil Code

The Turkish Civil Code determines the age of marriage for those who have completed 18 years of age and over, and the desire to marry is announced in the presence of the marriage official with two witnesses. The marriage contract is considered official by the imam and deprives its owners of civil rights until the marriage contract is confirmed by the competent employee.

The Turkish Civil Code prohibits polygamy, as it is based on monogamy, and the law prohibits marriage for two of the same sex. The law is based on the principle of equality of rights and duties between the sexes, so that neither party enjoys additional rights over the other.

Ithra : When you marry a Turkish citizen, this entitles you to obtain Turkish citizenship after 3 years, in addition to granting children Turkish citizenship at their birth.


How to install marriage in Turkey:

There are several conditions that must be met in order for the marriage to be considered legal and recognized by the Turkish Civil Code, and these conditions are:

  1. That both spouses have the mental capacity that qualifies him to make a decision, but if there are problems, his eligibility must be proven by a health report from the hospital.
  2. That both parties exceed eighteen years of age, which is the legal age allowed for marriage in Turkey, and if a case is detected that does not meet this condition, the Turkish government annuls the marriage and punishes the guardians with imprisonment.
  3. That the spouses be free from any genetic disease, or a chronic disease such as AIDS, and the spouses conduct a comprehensive medical examination and analyzes to prove that they are free of these diseases, and a fertility test is also conducted.
  4. The Turkish Civil Code does not allow the conclusion of another marriage until nine months after the end of the first marriage.
  5. The Turkish Civil Code prohibits the marriage of close relatives, such as the marriage of a father to his daughter or the marriage of a son to his mother, and the marriage of an uncle or an aunt to the children of a brother or sister.
  6. Same-sex marriage is prohibited by Turkish Civil Code and is not accepted to be documented or considered as marriage.


Divorce in Turkish Civil Code

Divorce in Turkey takes place either with the agreement of both parties, or one of the spouses files a lawsuit for separation for several reasons:

  1. A spouse committing adultery.
  2. Attempt to kill one side of the other.
  3. Abuse, physical or verbal abuse.
  4. The impossibility of married life.
  5. One of the parties leaving the marital home.
  6. The injury of one of the parties incurable mental illness is impossible to treat.

The court does not issue a divorce decision unless both parties are present in court, and in the event that one of them is absent, the decision is not issued. After the divorce, the Directorate of Souls must be informed to change the civil status of the spouses, after about twenty days.

The financial and social situation of the parents after divorce is taken into consideration, in order to determine which of the two is most suitable for custody of the children.


Inheritance in Turkish Civil Code

Men and women are considered equal in inheritance within the civil law in Turkey, and everything that a person earns from property, debts and earnings while he is alive is considered an inheritance that is distributed to his family after his death.

Turkish laws are applied to every resident who holds temporary or international protection in inheritance cases. As for those who have a different status, the laws are applied according to boredom.

The property and money of the deceased goes sequentially to his relatives in the absence of a will, according to the Turkish Civil Code:

  1. It goes to the husband or wife in addition to the children.
  2. If the deceased did not have any children, his property goes to his father and mother, and if the husband or wife is still alive, he can take his share of the inheritance, which amounts to half.
  3. If the parents of the deceased are not alive, the property is transferred to the grandparents or siblings, after calculating the value of three-quarters of the property of the husband or wife if one of them is still alive.
  4. If there are no heirs that we mentioned, then the entire property is transferred to the husband or wife.
  5. If the deceased does not have any of these heirs, the property will go to the Turkish government.

After getting acquainted with the details of marriage, divorce and inheritance within the Turkish Civil Code, we must learn how to obtain Turkish citizenship.


Obtaining Turkish citizenship within the Turkish Civil Code

There are several conditions that a resident must have in order to obtain Turkish citizenship, which are:

  1. The resident should have legal and mental capacity, that is, over 18 years of age, and not complain of any mental or psychological problems.
  2. Fluent in speaking Turkish as much as possible.
  3. The resident's record should be free of criminal or judicial problems.
  4. That the applicant for citizenship be able to support himself and have a stable income.
  5. The applicant should not suffer from a disease dangerous to public health, and should be in good health.
  6. The applicant must have legally fulfilled the conditions for residing in Turkey for five years.


Stages of obtaining Turkish citizenship within the Turkish Civil Code:

The applicant for citizenship passes through several legal stages, which are as follows:

First: To apply for Turkish citizenship.

Second: Transferring an application for naturalization from the Immigration Department to the Soul Department.

Third: The stage of security research and auditing of the file of the applicant for naturalization.

Fourth: Announcing the result of the application with acceptance or rejection and transferring it to the Turkish Immigration Department.

Fifth: Completing the procedures for obtaining the identity card from the General Directorate of Personal Status (Noufs), which is the last stage.

In the event that the resident applies for Turkish citizenship under exceptional circumstances, the procedures will end quickly for some, while the application may take several years for others, and this is due to the study of the security and legal situation of the applicant, as the Turkish authorities alone have the decision.


Advantages of holding Turkish citizenship

Turkish citizenship gives its holder a number of advantages, including:

  1. The ability to travel to 110 countries around the world without a visa, including Singapore, Japan and Hong Kong.
  2. Obtaining an E-2 visa for the United States of America becomes very easy, and this visa enables Turkish citizens to travel and invest within the United States.
  3. You will obtain Turkish citizenship without residing in it.
  4. Newborns are granted Turkish citizenship by inheritance from their parents, and children who have not reached the age of 18 are automatically granted Turkish citizenship.
  5. Citizenship allows its holder to enjoy free medical care.
  6. School and university education.

And here we have mentioned to you the most prominent points and issues that the Turkish Civil Code is concerned with, and we have explained the issues of marriage, divorce and inheritance in detail, in addition to mentioning the conditions and stages of obtaining Turkish citizenship for foreign residents.