Gender Equality MARCH 2020 Gender Equality | Page 7

saying “The head of the family is husband.” has been changed into “spouses carry out the conjugal
community together.”
• Representation of the conjugal community has given to each spouse together.
• The provision saying that the husband determines the conjugal home has been amended and the
clause of “The conjugal home shall be determined jointly by the spouses” has been brought.
• The clause in the former Civil Code saying that the both spouses have parental authority over the
children and in case of disagreement father’s opinion will be predominant has been amended and
the provision “both spouses have parental authority over the children. In case of disagreement, the
judge will elect.” has been brought. Mothers may be entitled to custody over children born out-of-
wedlock.
• The provision in the former Code declaring that “Spouses have freedom to choose their job and
profession. They do not require other’s permission.” has been accepted by the new Code. • The new
Turkish Civil Code has accepted “participation in acquisitions” as the regular matrimonial property
regime. Under this regular regime, acquired property which each spouse acquires during the
marriage is shared equally when the marriage comes to an end.
• While according to the former Code the financial maintenance of the conjugal union and children
belonged to the husband, with the new Code has brought the clause saying 5 “spouses contributes
to the expenses of the family in proportion of their capacity with their labour and property”.
• Legal age of marriage has been raised to 17 for both men and women.
• The application place for marriage has been accepted as the marriage office where woman or man
lives.
• In alimony law trials pleaded after divorce the authorized court shall be the court where the
creditor of the alimony settle downs.
• The clause saying that upon the request of the parties divorce trials shall be taken as confidential
sittings has been brought.
• None of the spouses can limit the other’s possessions on family abode without an explicit consent
of the other. Neither of the spouses can alone annul a rental agreement related to the family abode
even if family abode itself is a hired one.
• The right to become equal inheritor of father has been given to children who are born outof-
wedlock and lineage of whom are realized by recognition or judge decision just like the other
children. By the New Turkish Criminal Code put into effect on 1 June 2005 contemporary
arrangements have been presented concerning equality between women and men and violence
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