DEFINITION
The definition of a settlement is as follows in article 19/1 of the Turkish Civil Code: “A settlement is a place where a person lives with the intention of staying permanently”
PRINCIPLES THAT DOMINATE THE SETTLEMENT
1) The Uniqueness of the Settlement
The Turkish Civil Code is in article 19/2. In our law, a person cannot have more than one place of residence. This rule applies to both natural and legal persons. However, it is not valid in commercial and industrial institutions. However, the principle of uniqueness of place does not mean that a person cannot be associated with more than one place. The person may have houses where he stays in different places in summer and winter, in such a case, the judge will appreciate where the settlement is. (According to article 4 of the Turkish Civil Code, he uses his discretion.)
If one of the spouses makes a different place of residence, the house they stay in common with the Turkish Civil Code 186 is considered as their residence.
2) Necessity of Residence
This principle indicates that everyone must have a place of residence. For those who do not have a place of residence, provisions are given accordingly in the Civil Code 20. According to paragraph 2, the place of residence of those who do not have a place of residence in Turkey is considered their place of residence.
3) Continuity of the Settlement
It means that everyone has a place of residence from birth to death. Of course, a person can change his place of residence, but there is a place of residence from birth to death, and its continuity tells this.
Types of Settlement
1) Independent Settlement: It is the name given to the settlement established by those outside the Turkish Civil Code. It is a place of residence established by the individual independently. There are two conditions; permanent residence intention and settling intention.
2) Legal Place of Residence: Persons specified in article 21 of the Turkish Civil Code are subject to a legal, that is, non-independent settlement. “The place of residence of the child under custody, his parents; If the parents do not have a common place of residence, it is the place of residence of the mother or father to whom the child is left. In other cases, the child’s place of residence is considered his place of residence.
The place of residence of the persons under guardianship is the place where the guardianship authority to which they are attached is located.
The place of residence of the children in custody is the parent’s joint residence or, if they do not have a joint residence, the residence of the parent from whom the custody was released.
