DEFINITION
Article 19/1 of the Turkish Civil Code defines the definition of a settlement as follows: “A settlement is a place where a person lives with the intention of staying permanently”
THE PRINCIPLES THAT INCLUDE THE SETTLEMENT
1) Uniqueness of the Settlement
TMK is in article 19/2. In our law, a person cannot have more than one number of settlements. This rule applies to both natural and legal persons. But it does not apply to commercial and sinai institutions. Nevertheless, the principle of uniqueness of a settlement does not mean that a person cannot have a relationship with more than one place. A person may have houses where he stays in different places summer and winter, in such a case, the judge will appreciate where the settlement is located.(TMK uses its discretion in accordance with Article 4.)
If one of the spouses makes the settlement a different place, the houses they share with TMK 186 are considered to be residential buildings.
2) The Necessity of the Settlement
This principle indicates the necessity for everyone to have a settlement. Provisions have been made accordingly in MK 20 for non-residents. 2. according to the paragraph, the place of residence of those who have not acquired a settlement in Turkey is considered their settlement.
3) Continuity of the Settlement
It means that everyone has a settlement from birth to death. Of course, a person can change his place of residence, but there is a settlement from birth to death, and its continuity tells about it.
Types of Settlements
1)Independent Settlement: It is the name given to the settlement established by those who are outside the Turkish Civil Code. It is a settlement that a person has established independently. There are two conditions: the intention to live permanently and the intention to settle.
2) Legal Settlement: The persons specified in Article 21 of the Turkish Commercial Code are subject to legal, i.e. non-independent settlement. “The settlement of the child under guardianship is the settlement of the parents or the father, where the child is left to him if the parents do not have a common settlement. In other cases, the child’s place of residence is considered to be his place of residence.
The place of settlement of persons under guardianship is the place of the guardianship authority to which they are connected”
The place of residence of children under guardianship is the common residence of the parents or, if they do not have common housing, the place of residence of the parent where custody is left.
