DEFINITION
The definition of place of residence is set forth in Article 19/1 of the Turkish Civil Code as follows: “Place of residence is the place where a person resides with the intention of staying permanently.”
PRINCIPLES GOVERNING RESIDENCE
1) Uniqueness of Residence
This is stipulated in Article 19/2 of the Turkish Civil Code. Under our law, a person cannot have more than one residence. This rule applies to both natural and legal persons. However, it does not apply to commercial and industrial establishments. Nevertheless, the principle of uniqueness of residence does not mean that a person cannot be associated with more than one place of residence. A person may have homes in different places for summer and winter; in this case, the judge will determine where the place of residence is.
If one of the spouses has a different place of residence, the home they share is considered their place of residence in accordance with Article 186 of the Turkish Civil Code.
2) Residence Requirement
This principle states that everyone must have a place of residence. Article 20 of the Turkish Civil Code contains provisions applicable to those without a residence. According to paragraph 2, the residence of those without a residence in Turkey is deemed to be their residence.
3) Continuity of Residence
In other words, everyone has a residence from birth to death. Of course, a person can change their residence, but they have a residence from birth to death, and its continuity demonstrates this.
Types of Residence
1) Independent Residence: This is the name given to a place of residence established by persons not covered by the Turkish Civil Code. It is a place of residence established independently by an individual. There are two conditions: the intention to reside permanently and the intention to settle.
2) Legal Place of Residence: Persons specified in Article 21 of the Turkish Civil Code are subject to a legal, i.e., non-independent, place of residence. “The place of residence of a child under guardianship is that of the mother and father; if the mother and father do not have a common place of residence, it is the place of residence of the mother or father with whom the child resides. In other cases, the child’s place of residence is considered to be his or her place of residence.”
The place of residence of persons under guardianship is the location of the guardianship authority to which they are subject.
The place of residence of children under parental authority is the joint residence of the mother and father or, if they do not have a joint residence, the place of residence of the mother and father whose parental authority has been revoked.