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artisan credit and surety cooperatives and to the shareholders of
the cooperatives by public institutions and organizations.”
As seen, similar to the draft version of the TCO, the new provision
does not require spousal consent for sureties to be granted with respect
to the enterprise by the owner of an enterprise registered to the Trade
Registry. Additionally, a similar provision has been established with
respect to other partnerships. However, unlike the provision in the draft
TCO, the types of partnerships have not been specified one by one, and
a general expression was used in the amended TCO provision which
exempts “
the sureties to be granted with respect to a company by the
shareholder or the director of the company
” from spousal consent.
In addition, it has been accepted that under certain circumstances,
which have not been stipulated either under theDraft or under the provision
of the reference Code amended on 1941 and abrogated afterwards, a
surety agreement may be established without the consent of the spouse.
In addition to the shareholder or director of a company, the sureties
granted by the craftsmen and artisans registered to the craftsmen and
artisans registry concerning their occupational activities are exempted
from the consent of the spouse.
Similarly, in the sureties to be granted for the credits to be used within
the scope of the Law No. 5570 and dated 27.12.2006 on the Provision of
Credit Facilities Supported by Interest Carried out by Banks with Public
Capital, the consent of the spouse shall not be required.
Finally, it has been accepted with a more general listing method, that
the consent of the spouse shall not be required in the sureties granted in
the credits which will be made available to agricultural credit, agricultural
sale and craftsman and artisan credit and surety cooperatives and to the
shareholders of the cooperatives by public institutions and organizations.
Conclusion
The provision which the TCO introduces in relation to “
spousal
consent
” was subject to severe criticism from the date of entry into force
of the Code on the grounds that it is a hindrance to business life. An
additional paragraph was introduced as a result of such criticism and in
the above described circumstances, the surety agreements entered into by
married persons do not require spousal consent in order to be valid.