T.R.
SUPREME COURT
- HD
2011/3430 E. 2011/6636 K. 18.4.2011 T.
In the petition, it was requested to collect the compensation of 2500 liras, together with interest and expenses, from the defendant. The court dismissed the case, and the judgment was appealed by the plaintiff’s attorney.
After it was understood that the appeal request was within the deadline, all the papers in the file were read and the necessary considerations were taken.
The case concerns the claim for compensation due to the defendants’ child starting a fire. From the explanations in the petition, it is understood that the responsibility of the defendants as the head of the family is requested.
The legal basis for the responsibility of the head of the family is found in Article 369 of the MK. In Article 4 of the Law No. 4787 on the Establishment of Family Courts, it is stated that the cases and affairs arising from the 2nd book of the MK will be resolved in the Family Court. In the concrete case, since compensation is requested based on Article 369 of the MK, such a case should be examined and concluded in the Family Court. The fact that the merits of the work was examined by the court, regardless of the direction of duty, is the reason for reversal.
In this respect, it was unanimously decided on 18.04.2011 that the written verdict was inaccurate, and the appeal objections were valid for these reasons, regardless of the principles explained above, and that the judgment be OVERFINED pursuant to Article 428 of the HUMK and that the appeal fee in advance be returned to the appellant upon request.