T.C.
SUPREME COURT
LAW DEPARTMENT
2012/13948
2013/2247
21.2.2013
EMANCIPATION ( A Minor Who Has Reached the Age of 15 Can Be Emancipated by the Court with His Own Willingness and the Consent of His Guardian – The Minor’s Willingness on This Matter Is Recorded in tT.C.
SUPREME COURT
LAW DEPARTMENT
2012/13948
2013/2247
21.2.2013
EMANCIPATION ( A Minor Who Has Reached the Age of 15 Can Be Emancipated by the Court with His Own Willingness and the Consent of His Guardian – The Minor’s Willingness on This Matter Is Recorded in the Minutes and If His Willingness Is Positive, the Case Will Be Accepted. )
REQUEST FOR A DECISION ON ACCIDENTAL BIRTH (A Minor Who has Reached the Age of 15 Can Be Made an Adult by the Court at His Own Request and with the Consent of His Guardian – His Parents Have Informed Him that They Have Given Permission With Signed Statements Received at the Hearing / The Minor’s Request on This Issue Will Be Taken into Custody and Accepted If It is Positive )
A MINOR OVER THE AGE OF FIFTEEN ( He Can be Made an Adult by the Court at His Own Request and with the Consent of His Guardian / There are No Signs of Physical Mental Illness with a Forensic Medical Report – His Parents Allowed an Accidental Birth Decision to Be Made / The Minor’s Request Will Be Decided by Passing a Seizure )A MINOR OSUMMARY : The case is related to the maturation. A minor who has reached the age of fifteen may be made an adult by the court at his/her own request and with the consent of his/her guardian. In the Forensic Medicine Institution report, if the minor is still aged 15 to 16, there are no signs or symptoms of physical or mental illness, no signs of mental retardation, his psychological development is reported to be compatible with his age, his parents and parents have signed statements received at the hearing, stating that they allow a decision on accidental birth, the minor’s request on this issue should be decided to accept the case, if his request is positive, by passing a seizure.
CASE : In the petition of the case, it was requested to issue a decision of legal majority. The court decided to dismiss the case, and the decision was appealed by the plaintiffs’ attorneyCASE : In the petition of the case, it was requested to issue a decision of legal majority. The court decided to dismiss the case, and the decision was appealed by the plaintiffs’ attorney.
After it was understood that the request for appeal was within the time limit, all the papers in the file were read and considered necessary:
DECISION : Attorney of the plaintiff in the petition for the case, U, born on 01.10.1996.’s still 11ECISION : Attorney of the plaintiff in the petition for the case, U, born on 01.10.1996.’s still 11. he is a class student and will take the KPSS exam in 2012, as a condition of taking the exam, a decision that he is a minor is required before the exam date, therefore, he asked f : Attorney of the plaintiff in the petition for the case, U, ECISION : Attorney of the plaintiff in the petition for the case, U, born on 01.10.1996.’s still 11. he is a class student and will take the KPSS exam in 2012, as a condition of taking the exam, a decision that he is a minor is required before the exam date, therefore, he asked for a decision that U is a minor on a date before 23.09.2012, the court decided to reject the request.
The case is about emancipation.
Article 12 of the Turkish Civil Code according to the article, a minor who has reached the age of fifteen may be made an adult by a court at his own request and with the consent of his guardian.
In the report numbered 19.09.2012 day 2012/23084 of the current Forensic Medicine Institution Branch Directorate in the file, U was born in 1996 with physical and mental structure, developed in accordance with the population registration, still aged 15, aged 16, no signs or symptoms of physical, mental illness, no signs of mental retardation, his psychological development was reported to be compatible with his age, his parents and parents signed statements received at the hearing, in the face of reports that they allowed a decision to be made kazai rüht U’s request on this issue is also passed through the arrest by, if the request is positive, the acceptance of the case should be decided, but the rejection with inappropriate justification was not considered correct.if the request is positive, the acceptance of the case should be decided, but the rejection with inappropriate justification was not considered correct.
CONCLUSION: In this regard, the judgment in the written form without taking into considf the request is positive, the acceptance of the case should be decided, but the rejection with inappropriate justification was not considered correct.
CONCLUSION: In t the request is poe, the • EMANCIPATION OF A PERSON UNDER GUARDIANSHIP ( THE PERMISSION OF THE SUPERVISORY AUTHORITY IS ALSO REQUIRED AFTER THE PERMISSION OF THE GUARDIAN AUTHORITY. ) EMANCIPATION OF A PERSON UNDER GUARDIANSHIP ( THE PERMISSION OF THE SUPERVISORY AUTHORITY IS ALSO REQUIRED AFTER THE PERMISSION OF THE GUARDIAN AUTHORITY. )
EMANCIPATION OF A PERSON UNDER GUARDIANSHIP ( THE PERMISSION OF THE SUPERVISORY AUTHORITY IS ALSO REQUIRED AFTER THE PERMISSION OF THE GUARDIAN AUTHORITY. )
• EMANCIPAT• EMANCIPATION OF A PERSON UNDER GUARDIANSHIP ( THE PERMISSION OF THE SUPERVISORY AUTHORITY IS ALSO REQUIRED AFTER THE PERMISSION OF THE GUARDIAN AUTHORITY. )
• EMANCIPATION ( REQUIRES THE PERMISSION OF THE SUPERVISORY AUTHORITY AFTER THE PERMISSION OF THE PERSON UNDER GUARDIANSHIP – AND THE GUARDIANSHIP AUTHORITY. )
• ACCORDING TO THE PERMISSION OF THE SUPERVISORY AUTHORITY ( AFTER THE PERMISSION OF THE GUARDIAN AUTHORITY – MAKING THE PERSON UNDER GUARDIANSHIP A MAJOR )
4721/M.12,463
ABSTRACT : TMK No. 4721.nun12. according to the provision of the article, a minor who has reached the age of fifteen may be made an adult by a court at his own request and with the consent of his guardian.
Article 463 of the same law regulates the cases in which the permission of the supervisory authority is required after the permission of the guardianship authority, and the case of emancipating the person under guardianship is also listed among these.rticle 463 of the same law regulates the cases in which the permission of the supervisory authority is required after the permission of the guardianship authority, and the case Article 463 of the same law regulates the cases in which the permission of the supervisory authority is required after the permission of the guardianship authority, and the case of emancipating the person under guardianship is also listed among these. Accordingly, it is contrary to the procedure and the law that a decision is made to make a minor an adult without the permission of the guardianship and supervisory authorities.
CASE: At the end of the reasoning of the case, the overturning of the judgment given by the local court for the benefit of the law was requested by the Chief Public Prosecutor’s Office of the Supreme Court of Appeals upon the letter of the Ministry of Justice, the document was read and discussed and considered as necessary:
DECISION: It is understood that the lawsuit filed by the plaintiff Ersin Yirik on 28.9.2002 without a rival with the request to become a minor has been decided to be accepted by the court and the verdict has been finalized without appeal.DECISION: It is understood that the lawsuit filed by the plaintiff Ersin Yirik on 28.9.2002 without a rival with the request to become a minor has been decided to be accepted by the court and the verdict has been finalized without appealECISION: It is understood that the lawsuit filed by the plaintiff Ersin Yirik on 28.9.2002 without a rival with the request to become a minor has been decided to be accepted by the court and the verdict has been finalized without appeal.
12 Of the Turkish Civil Code No. 4721. according to the provision of the article, a minor who has reached the age of fifteen may be made an adult by a court at his own request and with the consent of his guardian.
463 Of the same Law. in the article, the cases in which the permission of the supervisory authority is required after the permission of the guardianship authority are regulated, and the state of Decertification of the person under guardianship is also considered among them.
It is against procedure and law for the court to decide that the minor be emancipated without obtaining permission from the guardianship and supervision authorities.
CONCLUSION: The Supreme Court of Appeals Public Prosecutor’s Office,t is against procedure and law for the court to decide that the minor be emancipated without obtaining permission from the guardianship and supervision authorities.
CONCLUSION: The Supreme Court of Appeals Public Prosecutor’s Office, in accorIt is against procednd law t is against procedure and law for the court to decide that the minor be emancipated without obtaining permission from the guardianship and supervision authorities.
CONCLUSION: The Supreme Court of Appeals Public Prosecutor’s Office, in accordance with Article 427/6 of the Code of Civil Procedure, it was unanimously decided on the day of 29.12.2004 that the provision should be OVERTURNED so as not to be effective to the result by accepting the request to overturn it for the benefit of the law based on its article for the explained reason.
T.C.
SUPREME COURT
2nd LAW CHAMBER
E. 2004/1635
K. 2004/2614
T. 3.3.2004
* BECOMING AN ADULT ( A MINOR OVER THE AGE OF 15 – AT HIS OWN REQUEST AND WITH THE CONSENT OF PARENTS / THAT THE REQUEST OF ONE OF THE SPOUSES IS NOT ENOUGH )* BECOMING AN ADULT ( A MINOR OVER THE AGE OF 15 – AT HIS OWN REQUEST AND WITH THE CONSENT OF PARENTS / THAT THE REQUEST OF ONE OF THE SPOUSES IS NOT ENOUGH * BECOMING AN ADULT ( A MINOR OVER THE AGE OF 15 – AT HIS OWN REQUEST AND WITH THE CONSENT OF PARENTS / THAT THE REQUEST OF ONE OF THE SPOUSES IS NOT ENOU* BECOMING AN ADULT ( A MINOR OVER THE AGE OF 15 – AT HIS OWN REQUEST AND WITH THE CONSENT OF PARENTS / THAT THE REQUEST OF ONE OF THE SPOUSES IS NOT ENOUGH )
* MAKING THE MINOR AN ADULT ( OVER THE AGE OF 15 – AT HIS OWN REQUEST AND WITH THE CONSENT OF HIS PARENTS / THE REQUEST OF ONE OF THE SPOUSES IS NOT ENOUGH )
* THE NEED FOR PARENTS TO USE CUSTODY TOGETHER ( MAKING A MINOR WHO HAS REACHED THE AGE OF 15 AN ADULT – THE REQUEST OF ONE OF THE SPOUSES IS NOT ENOUGH )
* CUSTODY (THE MINOR WHO HAS REACHED THE AGE OF 15 MUST BE MADE AN ADULT / THE PARENTS MUST USE IT TOGETHER – THE REQUEST OF ONE OF THE SPOUSES IS NOT ENOUGH )
4721/M.12, 336, 342
SUMMARY : A minor who has reached the age of fifteen can be made an adult by a court at his own request and with the consent of his guardian.4721/M.12, 336, 342
SUMMARY : A minor who has reached the age of fifteen can be made an adult by a court at his own reque4721/M.12, 336, 342
SUMMARY : A minor who has reached the age of fifteen can be made an adult by a court at his own request and with the consent of his guardian.
The plaintiff’s wife from the current population registration sample in the file …….it is understood that the is alive.
By the court, the plaintiff is given time to notify his wife’s consent by participating in the case or being present at the hearing, or to submit a notarized document with a signature indicating his consent, and a decision must be made based on the result of this, while the request of one of the spouses is sufficient and establishing a judgment is contrary to procedure and the law.
CASE: At the end of the reasoning of the case between the parties, the Decriminalization of the judgment given by the local court in the interest of the law was requested by the Chief Public Prosecutor of the Supreme Court of Appeals upon the letter of the Ministry of Justice, the document was read and discussed and considered as necessaryCASE: At the end of the reasoning of the case between the parties, the Decriminalization of the judgment given by the local court in the interest of the law was requested by the Chief Public Prosecutor of the Supreme Court of Appeals upon the letter of the Ministry of Justice, the document was read and discussed and considered as necessary:
DECISION: In the case filed by the plaintiff with a petition dated 11.02.2002, his son born on 01.10.1984, who is under his custody, was …………’ it is understood that he wanted to be brought up as a minor, the participation of the minor’s mother in the case was not ensured, the court decided to accept the case and the verdict was finalized without appeal.
12 Of the Turkish Civil Code No. 4721. according to the article, a minor who has reached the age of fifteen may be made an adult by a court at his own request and with the consent of his guardian.
336 Of the same Law.2 Of the Turkish Civil Code No. 4721. according to the article, a minor who has reached the age of fifteen may be made an adult by a court at his own request and with the consent of his guardian.
336 Of the same Law. in the artic2 Of the Turkish Civil Code No. 4721. according to the article, a minor who has reached the age of fifteen may be made an adult by a court at his own request and with the consent of his guardian.
336 Of the same Law. in the article “As long as the marriage continues, the mother and father use custody together.” the verdict is available. According to the provision of this article, priority or superiority is not granted to any of the spouses. 342. in the article, the principle that parents will represent the child within the framework of their custody is introduced without distinction.
These mandatory provisions are valid for all lawsuits filed by the parents on behalf of the child within the scope of the use of custody in a marital union.hese mandatory provisions are valid for all lawsuits filed by the parents on behalf of the child within the scope of the use of custody in a marital union. According to this, the main thing is that the spouses file a lawsuit together, but it is sufficient that the case to be filed by one of them will be established jointly, since the other spouse will subsequently declare his consent and reveal his posie mandatory provisions are valid for all lawsuits filed by the parents on behalf of the child within the scope of the use of custody in a marital union. According to this, the main thing is that the spouses file a lawsuit together, but it is sufficient that the case to be filed by one of them will be established jointly, since the other spouse will subsequently declare his consent and reveal his positive will, and custody will be established together. The case in which the participation or consent of the other spouse cannot be provided must be rejected.
The plaintiff’s spouse from the existing population registration sample in the examined file …………’ it is understood that he is alive.
By the court, the plaintiff is given time to notify his wife’s consent by participating in the case or being present at the hearing, or to submit a notarized document with a signature indicating his consent, and a decision must be made based on the result of this, while the request of one of the spouses is sufficient and establishing a judgment is contrary to procedure and the law., the plaintiff is given time to notify his wife’s consent by participating in the case or being present at the hearing, oe court, the plaintiff is given time to notify his wife’s consent by participating in the case or being present at the hearing, or to submit a notarized document with a signature indicating his con
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