Is Foreclosure of the House As a Result of Excessive Borrowing of the Spouse a Reason for Divorce

166 Of the Turkish Civil Code. in the article under the heading of shaking the marriage union, the fact that the marriage union was shaken from its foundation was explained as one of the reasons for the general divorce. TMK m.according to Article 166: “If the marriage union is shaken from its foundation to such an extent that they are not expected to lead a common life, each of the spouses can file for divorce.”

In order for a divorce to be filed due to the fact that the marriage union has been shaken from its foundation; An event or attitude that has shaken the marriage must occur, and this event or attitude must make it impossible for the spouses to continue the marriage union. As Dec matter of fact, there are disputes between spouses within the marriage union and a number of problems occur. But if these quarrels and quarrels for the spouses do not make it impossible to continue the marriage, then for these reasons a divorce will not be decided.

It is necessary to be convinced by the judge that a divorce will be more beneficial for the parties and society. The judge will make an assessment of the concrete event, taking into account the statements of the parties and witnesses, and will decide on a divorce only if at least one of the spouses cannot be expected to lead a joint life.

Shaking the marriage union from its foundation is generally regulated in the law, and there are not a limited number of reasons that may lead to shaking the marriage union from its foundation. What can be included in this coverage is mostly shaped by the decisions of the Supreme Court.

Situated in the decisions of the Supreme Court, a few reasons, the following is an example of; to slander his wife, to explain the family secrets, seeing the family with his wife, the wife’s family is an insult to your wife to say that you don’t love, jealousy, extreme show,many being the cause of excessive borrowing by the executive proceeding, the wife and the social environment isolate from horse racing, to reduce the danger of the economic situation of the family play and Continuous Alcohol, bathe without a justified reason to avoid having to take money out of the pocket of one of the spouses, the other woman let’s profession to pursue.

The full decision of the Supreme Court, which considers foreclosure of the house as a result of excessive borrowing of the husband as a reason for divorce, is as follows;

SUMMARY: It is understood that the defendant husband did not fulfill his union duties and that he was in excessive debt, which caused him to foreclose on the joint house. These events were also considered fixed by the court and the reason for the divorce was accepted. 174/2 of the Turkish Civil Code, although these actions of the defendant are an attack on the personal rights of the plaintiff’s spouse and for the benefit of the plaintiff. according to the realization of the conditions of the article; taking into account the economic and social situation of the parties and defect situations for the benefit of the plaintiff; an appropriate amount of non-pecuniary compensation appreciation is required.

CASE: At the end of the trial between the parties, the decision Dec by the local court, the date and number shown above, was appealed, the documents were read and discussed as necessary and considered:

DECISION: 1-According to the articles in the file, the evidence on which the decision is based, the legal reasons and, in particular, there is no inaccuracy in the discretion of the evidence, all the appeals of the defendant husband and the plaintiff woman that fall outside the scope of the following paragraph are inappropriate.

2-From the investigation and the evidence collected, it is understood that the defendant husband did not fulfill his union duties and caused him to foreclose on the joint house by borrowing excessively. These events were also considered fixed by the court and the reason for the divorce was accepted.174/2 of the Turkish Civil Code, although these actions of the defendant are an attack on the personal rights of the plaintiff’s spouse and for the benefit of the plaintiff. according to the realization of the conditions of the article; taking into account the economic and social situation of the parties for the benefit of the plaintiff, as well as the defect situations; while the appropriate amount of non-pecuniary compensation should be appreciated, it was not correct to make a decision in writing and required to be overturned.

CONCLUSION: The above-mentioned provision of the appeal 2. if it is OVERTURNED for the reason shown in the paragraph, the other parts of the appeal subject to the provision that are outside the scope of the violation are listed above. approval for the reason shown in the paragraph, loading the fee written below to the defendant, deducting the advance fee and 103.50 TL. since receiving the appeal application fee tuition is used further in advance whether the plaintiff to return to the advance tuition deposit of Appeal this decision within 15 days of the receipt of the decision on it was decided unanimously to open the way for the correction of 24.01.2013.

(T.C. COURT OF CASSATION 2. DEPARTMENT OF LAW E. 2012/14896 K. 2013/1651 T. 24.1.2013 )

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