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The Implicit Social Contract Between Two Spouses in
Bodrum Turkey

The situation is different if the cooperation of a spouse is not subordinate but equal. In such cases, the spouses often do not conclude a contract on how to legally evaluate the work involved in setting up the company and how to distribute a profit. In such cases, the case law is based on a conclusively concluded social contract if the spouses pursue a purpose that goes beyond the realization of the matrimonial cohabitation. This is the case when the spouses work together systematically, purposefully and permanently to build up the company in order to create assets together or to secure family support, whereby the owner of the property is only one spouse, namely the business owner. The Turkish Civil Code does not only take into account the work performed by a spouse. Rather, it focuses on whether the contribution of one spouse was essential to the other’s wealth accumulation. This is also the case if a spouse has not performed any work but has made a substantial contribution in kind or in capital, e.g. by provides the premises for a company or cash for the foundation of the company. However, mere financing through bank loans or the provision of real collateral is not sufficient.

Requirements for a spouse from abroad in Bodrum Turkey

The association of the spouse from abroad exists if the following conditions are met:

The spouses pursue a purpose that goes beyond the realization of the marital cohabitation. As a result, only one spouse forms assets. The company can be a classic company, such as a business but also real estate assets, but not the acquisition and construction of the family home. It is then questionable what happens in the event of a separation of the spouses if there is an internal spouse. The dissolution of the spouse’s internal society: property equalization despite separation of property. If the spouses live in the legal community of property of the community of gains, an appropriate compensation is often already provided through the compensation of profits, so that one does not have to resort to the spouse’s society. However, it must be taken into account that the spouse who requests compensation is not limited to claiming compensation. Rather, the right to compensation for profits stands alongside the right to compensation under company law.