ARTICLE · 25 AUGUST 2022

Ortak Velayet Nedir?

MGC Legal

Explore more from MGC Legal

335-363. maddeler arasında velayet kurumunu düzenleyen Türk Medeni Kanunu (TMK) velayet kavramının tanımını yapmamıştır.

TurkeyFamily and Matrimonial

Faruk Yalçinkaya

Author LinkedIn connections

MGC Legal ekibinin kaleme aldığı işbu “Ortak Velayet Nedir?” başlıklı makalemizi okumanıza sunarız.

Velayet Kavramı Nedir?

335-363. maddeler arasında velayet kurumunu düzenleyen Türk Medeni Kanunu (TMK) velayet kavramının tanımını yapmamıştır. Ancak, velayetin kapsamı başlığını taşıyan 339. maddenin ilk fıkrasında yer alan ifadeden “ana ve babanın, çocuğun bakım ve eğitimi konusunda, onun menfaatini göz önünde tutarak gerekli kararları almasına ve uygulamasına” imkân veren hak ve yetkidir şeklinde, kaynağını yasadan alan bir tanım çıkarılabilir.¹

Çocukla ana-baba arasında soy bağı ilişkisinin bir sonucu olan velayet hakkı ebeveynlere birtakım hakların yanı sıra yükümlülükleri beraberinde getirir. Bu kapsamda; çocuğun bakımı, gereksinimlerinin karşılanması, iyi bir eğitim alması gibi yükümlülükler de velayet kavramının kapsamı içerisindedir.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Kişisel Malın Evlilik Birliği İçindeki Kredi Ödemelerinden Doğan Mal Rejimi Tasfiyesi Ve Alacağı Hakları

TurkeyFamily and Matrimonial

Ürey Law Office

Eşin Tinder ve Arkadaşlık Uygulaması Kullanması Boşanma Sebebi mi?

TurkeyFamily and Matrimonial

Anayasa Mahkemesi Tarafından Süresiz Nafaka Kararının İptal Edilmesi Ve Uygulamaya Etkileri

TurkeyFamily and Matrimonial

ESENYEL & PARTNERS Lawyers and Consultants

Turkish Citizenship By Marriage

TurkeyFamily and Matrimonial

ONGUR & PARTNERS

Marrying In Turkey As A Foreign National

TurkeyFamily and Matrimonial

ONGUR & PARTNERS

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Family and Matrimonial
- Family Law
- Divorce

Related Comparative Guides

Comparative Guide

Family Law

See more popular content from

Family and MatrimonialMGC Legal

What Is A Marriage Contract And Why Is It Important?

A marriage contract is a legal document made between couples who wish to establish a marriage or those already married, which includes property arrangements.

TurkeyFamily and Matrimonial

Solmaz Law and Consultancy Firm

Turkish Citizenship By Marriage

This article examines acquisition of Turkish citizenship by marriage under Article 16 of Turkish Citizenship Law No. 5901. It distinguishes the three-year marriage condition from residence in Turkey, explains the family-unity investigation and separate and joint interviews, and considers documentary requirements, security and public-order review, death or divorce during the application, judicial review and the effect of later divorce.

TurkeyFamily and Matrimonial

ONGUR & PARTNERS

Marrying In Turkey As A Foreign National

This article examines the legal preparation required when a foreign national marries in Turkey. It distinguishes marriage capacity and substantive conditions from the formal requirements of the ceremony, and the validity of a foreign marriage from its notification and registration

TurkeyFamily and Matrimonial

ONGUR & PARTNERS

Jurisdiction And Applicable Law In International Divorce Cases In Turkey

International divorce cases often involve more than one country, nationality or legal system. The spouses may hold different citizenships, live in separate countries, have children habitually resident abroad or own property in multiple jurisdictions.

TurkeyFamily and Matrimonial

Inheritance Rights Of Foreign Nationals In Turkey 2026

This article examines succession involving foreign nationals and assets in Turkey. It considers the applicable law, statutory and reserved shares, foreign wills, inheritance certificates, real estate restrictions, estate debts, disputes and tax formalities.

TurkeyFamily and Matrimonial

ONGUR & PARTNERS

Inheritance Law In Turkey (2026): A Complete Guide

Navigating inheritance law in Turkey can be complex for foreign nationals and international families dealing with cross-border estates. Understanding the legal requirements for inheriting property, bank accounts, and other assets in Turkey—including inheritance certificates, tax obligations, and recognition of foreign wills—is essential for protecting your family's rights and ensuring a smooth transfer of assets.

TurkeyFamily and Matrimonial

ONGUR & PARTNERS

Documents Required For Divorce In Turkey For Foreigners

Foreign nationals and international couples navigating divorce proceedings in Turkey face unique documentation challenges that vary based on nationality, residence status, and whether the divorce is contested. Understanding which documents require apostille certification, proper Turkish translation, and when personal court attendance becomes mandatory can significantly impact the timeline and success of cross-border divorce cases.

TurkeyFamily and Matrimonial

Alimony In Turkey For Foreign Spouses

Foreign nationality does not, by itself, prevent a spouse from requesting alimony in Turkey. The decisive questions are whether the Turkish courts have jurisdiction, which country’s law applies to the claim and whether the legal conditions for maintenance are satisfied.

TurkeyFamily and Matrimonial

Turkish Inheritance Law

Turkish inheritance law, reserved shares, foreign heirs, cross-border estate, Turkish real estate, certificate of inheritance, inheritance tax, renunciation, foreign will

TurkeyFamily and Matrimonial

ONGUR & PARTNERS

International Divorce In Turkey - Cross-Border Family Law

International divorce cases in Turkey involve complex jurisdictional questions when spouses have different nationalities, live in different countries, or hold assets across multiple jurisdictions. Understanding which court has authority, what law applies, and how foreign decisions are recognized becomes essential for foreign nationals, expatriates, and Turkish citizens abroad navigating divorce proceedings.

TurkeyFamily and Matrimonial

Visa Free Countries For Turkish Passport Holders

Turkey is a beautiful country with a rich history and culture, and as a Turkish passport holder, you can travel to numerous countries without a visa.

TurkeyImmigration

Criminal Extradition (Return) Procedure In Turkey

The state's criminal jurisdiction authority, which the state has been granted by its nature, is critical regarding public security and justice...

TurkeyCriminal Law

What Is Web Tapu?

The MGC Legal team has meticulously prepared the article "What is Web Tapu?" for our valued readers. We recommend that you read the following article to learn more information.

TurkeyReal Estate and Construction

Usage Of Vehicles In Turkey Brought From Abroad By Foreigners

Buying and owning a vehicle in Turkey typically involves paying various taxes and fees. These may differ based on the vehicle's value, type, age, and engine size.

TurkeyTransport

Procedures To Be Applied When Foreigners Commit Crimes In Turkey

The state's right to sovereignty, which is limited to its territory, provides the state the authority of jurisdiction to prosecute, punish, and execute the punishment of crimes committed.

TurkeyCriminal Law

Registering A Company In Turkey: Essential Steps And Insights

Turkey is an attractive destination for entrepreneurs and investors seeking to establish a business presence in a dynamic and growing market.

TurkeyCorporate/Commercial Law

What Is Initial Public Offering (IPO)?

An Initial Public Offering (IPO) is the activity of a company announcing that its shares are for sale...

TurkeyCorporate/Commercial Law

The Process Of Gender Transition For Foreigners In Turkey

Modern medicine values not only the physical health of people but also their mental health.

TurkeyFood, Drugs, Healthcare, Life Sciences

New Center Of Arbitration In Istanbul

The trend of alternative dispute resolutions is in demand nowadays in Turkey. After the new regulations about mediation, the eyes are on the arbitration now.

TurkeyLitigation, Mediation & Arbitration

Obtaining Work Permit In Republic Of Turkey

There are three types of work permit stipulated at Code No: 6735 of Republic of Turkey on International Labour Force.

TurkeyImmigration