Dokuz Eylül Üniversitesi Hukuk Fakültesi Dergisi

Öz

The Turkish Civil Code (TCC), which entered into force on 01 January

2002, introduced the institution of the matrimonial residence as a new concept

to Turkish law. The matrimonial residence is protected against some

transactions that made by the spouse who has a legal right on the property.

According to article 194 of TCC the spouse who has a legal right on the

property, may terminate a tenancy agreement, transfer or limit the rights on the

property of matrimonial residence only with the express consent of the other

spouse. If the matrimonial residence is a real estate, the non-owning spouse may

enrol a matrimonial residence annotation in the land registry according to

article 194 (3) of TCC. Although the lack of the consent of the other spouse, the

spouse who is the owner of the matrimonial residence may transfer the

owneraship of property to a third party. In this case, it is especially important

that who will be protected by the law under the protection of a good faith in the

land registry specially. If the annotation of matrimonial residence is enroled

into the land register, the spouse who is the owner cannot be transfer the

ownership of property to the third party. Therefore the protection of

matrimonial residence has become more effective with the annotation of

matrimonial residence according to article 194 of TCC. The procedure of

matrimonial residence’s annotation has been regulated by the circular letter

numbered 1756 (2014/4) but not with the article 194 (3) of TCC. Therefore in

this study, the annotation of the matrimonial residence will be examined within

the circular letter numbered 1756 (2014/4).