“Although the Animal Protection Law No. 5199 is regulated for animals in our country, animals still have the status of” property/movable property". A movable property is considered as part of the personal acquired property during decommissioning between spouses. Of course, this assessment varies from court to court. Court if the pet is not a commodity/item 'can' if he believes that this is the case, then the course of the entire case will change, and the provisions of custody May apply," Elvan Kılıç said in a statement, 335 in the Turkish Civil Code. He points out that there are rare court rulings that custody provisions regulated from the article can also apply to pets.
"From the point of view of movable property, this pet will be subjected to the sharing of movable property – the procedures for sharing goods in divorce. In a divorce how pets 'Bell' as the court's pet 'custody' is a sample event beautiful and the application of the provisions, although most court pet 'goods/goods transported' from what he described as, pets are subject to the regime of separation of goods during the divorce," said Elvan Kılıç, suggests that divorced couples:
Since the animal is in the status of an item carried by the courts, it is at the discretion of the court whether it is accepted if it is written in the protocol of a negotiated divorce. The parties may enter into the protocol matters such as custody, alimony, compensation, real estate or movable property agreed between them, and the court may decide on a negotiated divorce in this protocol, accepting the common decency of the parties. The days on which the animal will stay, how to take care of it can be poured into the protocol, and if the court considers the animal as movable property, it can accept the protocol within the framework of the provisions with movable property.
A person who takes care of the animal can first have a vaccination report card belonging to the animal. As a result of the name written on the vaccine report card, it is considered that the animal is taking care of. In addition, the vet can be heard as a witness in the case. If there are costs that it has made for maintenance, it can offer receipts or documents that show the costs.
Since pets are considered movable property in Turkish law, most courts do not apply joint custody of the animal. But the return of movable property can become the object of lawsuits, such as the return of ownership. Joint custody provisions can only be applied in cases where the court considers the animal to be “life”. In such a case, the parties will jointly decide and implement issues such as the care of the animal. Otherwise, if there is no such situation, the provisions applied to the movable property will apply.
If the health, life and care of the animal is neglected between the couples in the event of decoupling, the law on the protection of animals will apply in this case. Sanctions may be imposed under the act and 3. people will be able to file a complaint with the necessary authorities for the animal that is between decoupling.
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