The Law Gap Must Be Filled Quickly

At the fourth Symposium on Current Developments in Civil Law organized by Altınbaş University Faculty of Law, experts discussed the annulled civil law provision.

Dr. Ali Yaşar Çelikel, Lecturer at the Department of Civil Law, underlined that there will be a gap in the law after the annulment decision enters into force until the new regulation is made and said, “The legislator should bring a new regulation in order to file a divorce case due to de facto separation during this period.”   

The Constitutional Court (AYM) had annulled the rule stipulating that couples who could not re-establish a common life for 3 years after the finalization of the divorce case rejection could file for divorce on the grounds that it imposed a burden on the parties that they could not bear.

Stating that there may be a gap in the law until the regulation after the annulled provision, Altınbaş University Department of Civil Law Faculty Member Dr. Ali Yaşar Çelikel said, “The reasons for divorce and the provisions of the law on paternity should be rearranged. In addition, the condition of not being able to re-establish a common life should be reduced to 1 or 2 years.” 

Prof. Dr. Ali Yaşar Çelikel also emphasized that the regulation to be made should be made by considering the Swiss Civil Code and other Continental European legal systems, the opinions in the doctrine and the problems in practice. 

“It would be appropriate for the legislator to make a systematic arrangement regarding the Family Law Book of the Turkish Civil Code instead of preferring to make an article-based arrangement,” said Dr. Çelikel from Altınbaş University:

“In this direction, considering the dynamic structure of family law and based on the understanding of contemporary family law, the grounds for divorce and the provisions on the law of paternity should be reorganized. It should also be emphasized that in the process of systematic regulation of family law rules, extreme care should be taken and the principle of women's rights, equality between men and women and the best interests of the child should be taken into focus.”