Volume 3 Issue 1 | April 2023

COMPARISON OF THE REPRESENTATION OF THE MARRIAGE UNION WITH THE POWER OF REPRESENTATION IN THE CONTEXT OF THE LAW OF OBLIGATIONS

The representation institution is regulated in Turkish Code of Obligations in general. However, as the marital union has a unique character, it has been preferred to set forth this institution in Turkish Civil Code. The representation of marital union organizes legal relationships between the partners and third parties. The represen- tation of marital union framed in the articles of 188-191 of Turkish Civil Code is quite different from representation institution within Turkish Law of Obligations. The representation of marital union is a legal power that is entitled to partners to meet the needs of the marriage. The term representation in marital union is not used by its techinal meaning. Partners do not need to give permission each other to use this power. Partners acquire the power to represent from establisment of the marriage. Also, it is not possible to count the representation of marital union as one of the types of representation in Turkish Code of Obligations. In consideration of its own scope and structure it differs from the representation within the context of Turkish law of obligations. the purpose of this insttution is to meet the needs of marital union and the protect family. Therefore, it has been regulated specially.

Marital Union, Representation, Representation of Marital Union, Representation in Turkish Law of Obligations, Family Law.