RECENT DEVELOPMENTS IN TURKISH LAW REGARDING THE SURNAME OF A MARRIED WOMAN
Dilsah Busra Kartal (dbkartal@fsm.edu.tr)
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Dilsah Busra Kartal: Fatih Sultan Mehmet Vakif University, Istanbul
No 10212734, Proceedings of International Academic Conferences from International Institute of Social and Economic Sciences
Abstract:
According to Article 187 of the Turkish Civil Code, a married woman must change her surname upon marriage. The article only provides a married woman with the right to bear her own surname before the surname of her husband. This rule is not only in conflict with the Turkish Constitution but also with the international agreements to which Turkey became a party. The Turkish courts have changed their application of Article 187 in the last years. Practically, Article 187 is considered void by the courts but there is no amendment to the article so far. Even though the courts do not apply Article 187, administrative authorities adhere to it. Therefore, a woman who does not wish to bear a family name is forced to file a lawsuit to use this right. Unless Article 187 is amended, the problem cannot be fully solved. There are some amendment proposals but none of them are satisfying.
Keywords: Surname of Married Women; Incorporeal Personality; Gender Equality; Turkish Family Law; Effects of a Marriage; Family Name; Surname (search for similar items in EconPapers)
JEL-codes: K10 K36 K41 (search for similar items in EconPapers)
Pages: 13 pages
Date: 2020-07
New Economics Papers: this item is included in nep-ara
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Published in Proceedings of the Proceedings of the 54th International Academic Virtual Conference, Prague, Jul 2020, pages 231-243
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Persistent link: https://EconPapers.repec.org/RePEc:sek:iacpro:10212734
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