THE IMPACT OF THE NOTICE OF ABANDONMENT UPON THE REASONS FOR DIVORCE AND THE CLAIM FOR NON-PECUNIARY DAMAGES IN THE LIGHT OF THE SUPREME COURT'S RULINGS


Unver T. A. , Karaahmetoglu S. D.

JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI, cilt.75, sa.2, ss.587-608, 2017 (ESCI İndekslerine Giren Dergi) identifier

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 75 Konu: 2
  • Basım Tarihi: 2017
  • Dergi Adı: JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI
  • Sayfa Sayıları: ss.587-608

Özet

Abandonment is one of the special reasons for divorce. A spouse, who wants to sue for a divorce based on the abandonment, has to send a notice through a notary public or judge and warn another spouse about returning the family home and the consequences of the non-performance of returning (TCC. Art. 164 II). The Supreme Court takes into consideration the notice not only at a divorce case based on abandonment but also other grounds for divorce especially irretrievable breakdown of marriage. According to the rulings of the Supreme Court, the spouse, who sends a notice to another spouse and warns him/her to return the family home, in essence, has forgiven or at least tolerated the misconducts of another spouse until the notice through the notice. Therefore, the spouse who sends a notice to another spouse about returning home is not able to sue for a divorce based on irretrievable breakdown of marriage on the ground of another spouse's misconducts until the notice. Similarly, the Supreme Court denies the claims of the claimant spouse for satisfaction in the divorce cases based on abandonment. In this study, the rulings of the Supreme Court have been scrutinized in the light of doctrine.