13 - The marriage ceremony, the engagement, the descent

a) a Turkish person and a foreign person and also two foreign persons can close the marriage in Turkey before the registrar of births, marriages and deaths personally and with simultaneous presence and in presence of two witnesses. The same nationality possessing man and woman can close the marriage by its Consulate General, if it considers its national laws valid. If the foreign persons of the Turkish language are not powerful, an interpreter is obligated. Since with Turk acquires marrying foreign Mrs. the Turkish nationality, the new badge becomes and the heiratsurkunde it gives. The information about the homeless ones and refugees at police authorities is considered as being enough and so can them before the Turkish registrar of births, marriages and deaths the marriage close.

The Turkish nationality possessing man and woman or the Turkish and foreign man and woman can close the marriage abroad, where they are resident. As well as the Turkish and foreign man and woman can know with the Turkish consulate the marriage to close. The marriage ceremonies executed before the foreign authorities are within one month the Turkish consulate, which is in the marriage ceremony place to indicate. The business over marriage ceremony is subject to the right of the place, where the marriage is closed. Therefore are not the marriage validly closed abroad are also in Turkey valid, even it according to the Turkish laws is valid.

b) the Turkish legal regulations over the engagement do not have differences with the German laws over engagement.

Also in the Turkish right the engagement is a form-free family-legal and verweigbarer contract on entering the marriage although the partners promised to be received the marriage together can no complaint on it is raised. However the other partner has or to have its parents a requirement over compensation and the cancelling of the engagement gifts with groundless resignation.

Engagement ability and prerequisites of the engagement are subject to the individual national rights of the partners. For the effects engagement comes the common right of the partners to Anwendung.Wenn the partners different nationality possesses, then the Turkish right is used.

c) the Ehelichkeitserklaerung is subject to the national right of the father, if it is missing, the national right of the nut/mother, even if it is missing, the national right of the child. The personal and financial relations between the illegitimate child and the nut/mother is subject to the national right of the nut/mother, the personal and financial relations between the illegitimate child and the father is subject to the national right of the father.

The prerequisites and ability over the adoption is subject to the individual national right of the parties, the effects of the adoption is subject to the national right of the adopted one (the assuming).

Over the marriage ability the marriage partners can one of the national rights of the place, where they are resident or where they closed the marriage, determine. In the case of the Nichtfestlegens at the point in time of the marriage ceremony the valid common national right is used, if it is missing, is the common right of the place for the marriage ability, where they are resident, even if it is missing, are the right of the place, where the marriage ability is available, applicably. If the new right is to be applied after the marriage ceremony for the marriage partners, the marriage partners under the prerequisite, which remains the rights third under reservation, are subject to the new right.

The birth and death of the foreigners are determined on request by the register office and in a sonderen document secured.

The contract from the 1958 over the improvement of the business concerning the personal things and the contract from the 1967 over the Verleichterung of the business concerning the marriage ceremony abroad are also in Turkey in strength. For the citizens of a state, which is the Beisitzenderstaat of the committee over the international personnel things, the regulation with the number 3 of the contract over the international Informat.onsverkehr is applicable.

The modification of the law over it that the Turkish officials with the foreigners may not close a marriage, was removed by the constitutional court. Only the members of the Turkish armed forces may not close a marriage with the foreigners. However also this regulation was changed. The marriage ceremony between the member of the Turkish armed forces and the foreigners requires the official agreement.

Hacı Ali Özhan
hacialiozhan@mynet.com
Not:German-Deustch:PRAKTİSCHER HANDBUCH FÜR DİE AUSLÄNDER ....Ausläderrecht- 1.Einführng 2.allgemeiner Blick auf das türkischen Rechtssystem 3.Burgerrecht 4.Das Klagerecht und die an der Klage zu leistende Sicherung des Ausländers 5.Die Anerkennung der gerichtlichen und schiedsrichterlichen Entscheidungen 6.PERSONENRECHT 7.Yabancının taşınmaz edinmesi 8.Dernek, Sendika ve Sosyal güvenlik 9.ERZIEHUNGSRECHT 10.HANDELSRECHT 11.Joint Venture Vertrag 12-Europavertrag und individuelles Antragsrecht 13-Die Eheschliessung, das Verlöbnis, Die Abstammung 14-Ehescheidung, Die elterliche Sorge, Unterhaltspflicht, Schadenersatz 15-Strafrecht

ana sayfa / main page