Abstract

Divorce due to the inability to establish a common life is an important regulation that was included in the Turkish Civil Code in 1988 and was later preserved in the new Civil Code. This study aims to determine the problems regarding implementation since the regulation came into force. In modern divorce laws, due to the abandonment of special reasons for divorce and the abandonment of divorce based on fault in time, divorce will be discussed more in our law in the future due to actual separation, and maybe it will be one of the two main reasons for divorce together with the agreed divorce. In the study, first of all, the conditions related to divorce due to de facto separation and the problems and criticisms related to these conditions were determined and then the study was terminated with the points to be considered regarding the actual separation case.

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