ENSURING THE PROTECTION ON MATRIMONIAL HOME: SHOULD THE PRINCIPLES ESTABLISHED UNDER ENGLISH LAW BE INTRODUCED INTO TURKISH LAW?

Article 194 of Turkish Civil Code establishes the mandatory rule that either of spouses shall not enter in any transaction considering matrimonial home unless the other spouses’ express consent is obtained. This consent is required for the protection of matrimonial home as it is the property where spouses reside together. The same protection is also provided under English law by the equity based undue influence doctrine. In applying this, English courts considered the balance between the parties of the transaction and in Royal Bank of Scotland v Etridge the House of Lords established set of principles in order to strike the required balance and protect the spouse against the prospect of other spouse’s undue influence. Considering these, this paper will seek an answer to the question: whether common law-like principles should be introduced into Turkish law for the purpose of ensuring the protection of the parties and the matrimonial home?