Adi Ortaklığın Bir Görünüm Şekli Olarak Evlilik Dışı Birliktelikler

Anahtar Kelimler: Evlilik dışı birliktelik, adi ortaklık, ortaklık, aile hukuku,…

The Nonmarital Partnership As an Ordinary Partnership…

Abstract: The concept of family, which is generally accepted in our society, is still defined through marriage. For this reason, the starting point of family law regulations in our country is based on marriage. However, it is an undoubtful fact that nonmarital partnerships are becoming widespread in our country as well as in the world. The reasons that motivate people to live together without a marital bond are basically lack of legal ground for formal marriage between them, as is the case with same-sex couples, and sometimes people do not want to adhere to strict rules of marriage law. Another common social phenomenon in our society is that couples live together by simply having a religious marriage, without having a formal marriage. Unlike in the Western countries, there is no statistics regarding the number of unmarried couples in our country. However, it is clear that this number cannot be minor in a country with a population of approximately 84 million. Despite this fact, our legal system does not recognize any legal status for nonmarital partnerships, a social fact ignored by law. As a result of this, questions and problems arise regarding whether it is possible for the parties to make legal requests from each other, especially when the partnership ends, and whether the assets acquired by the parties in the partnership will be shared. The subject we want to evaluate within the scope of our study is whether it is possible to accept nonmarital partnerships as ordinary partnerships and to resolve existing questions and problems in line with the provisions of ordinary partnership.…