JUDGMENT OF THE SUPREME COURT ON ACCIDENTAL MATURITY

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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THE CONCEPT OF EVIDENCE AND TYPES OF EVIDENCE IN CRIMINAL CASES

Since the material fact is investigated in criminal procedure, everything is accepted as evidence. This is a consequence of the principle of freedom of evidence. However, in criminal proceedings, unlimited methods that violate the rules of law and disregard the rights of the accused cannot be followed in order to reach the material truth.ince the material fact is investigated in criminal procedure, everything is accepted as evidence. This is a consequence of the principle of freedom of evidence. However, in criminal proceedings, unlimited methods that violate the rules of law and disregard the rights of the accused cannot be followed in order to reach the material truth. The purpose of criminal procedure is to reach the material truth about the concrete incident that occurred and to ensure that the incident is proved with evidence in a way that leaves no room for doubt. At the stage of prosecution, evidence is the means of proof necessary to prove the concrete event that occurred and for the opinion of the judge.

The evidence that can be used for proof in criminal proceedings must represent the event. The evidence that represents the event must be reasonable, in accordance with the material truth and the lawIn order to reach the material truth and prevent the disregard of legal rules, evidence must be in accordance with the law and collected by methods in accordance with the law. In this context, the evidence obtained illegally cannot be taken as a basis for the judgment; it cannot and should not affect the conscientious opinion of the judge.n order to reach the material truth and prevent the disregard of legal rules, evidence must be in accordance with the law and collected by methods in accordance with the law. In this context, the evidence obtained illegally cannot be taken as a basis for the judgment; it cannot and should not affect the conscientious opinion of the judge. The prohibitions imposed on obtaining evidence in violation of the law are expressed as ‘evidentiary prohibitions’. However, since the evidence obtained by means of illegal evidence is also affected by this violation, it will not be able to get rid of having an illegal character.

According to CMK Art.148/3, evidence obtained by prohibited methods cannot be considered as evidence even if consent is given.ccording to CMK Art.148/3, evidence obtained by prohibited methods cannot be considered as evidence even if consent is given. However, the statement of the person whose statement was taken and whose confession was obtained during the illegally applied arreAccording to CMK Art.148/3, evidence obtained by prohibited methods cannot be considered as evidence even if consent is given. However, the statement of the person whose statement was taken and whose confession was obtained during the illegally applied arrest, detention and forcible removal measures should also be considered as illegal evidence and should not be used in the trial.

TYPES OF EVIDENCE IN A CRIMINAL CASE
Evidence is divided into categories among themselves. Although there are various classifications, the evidence that proves the main event that the court needs to solve is called direct evidence, and the evidence that explains the side events that are related to the main event that needs to be decided on is called indirect or indicativevidence is divided into categories among themselves. Although there are various classifications, the evidence that proves the main event that the court needs to solve is called direct evidence, and the evidence that explains the side events that are related to the main event that needs to be decided on is called indirect or indicative evidence. In addition, it is possible to classify the witness, the accused, the expert witness whose source is a person, and the evidence whose source is an object document and symptom as indirect evidence.

Our law has adopted the conscientious evidence system. This system imposes research rights and duties on the judge ex officio. The judge does not have to be satisfied with the evidence put forward by the prosecution and defense authorities. The court may conduct a spontaneous search for evidence.law has adopted the conscientious evidence system. This system imposes research rights and duties on the judge ex officio. The judge does not have to be satisfied with the evidence put forward by the prosecution and defense authorities. The court mayur law has adopted the conscientious evidence system. This system imposes research rights and duties on the judge ex officio. The judge does not have to be satisfied with the evidence put forward by the prosecution and defense authorities. The court may conduct a spontaneous search for evidence.

It should be noted that not everything put forward in a case needs to be proven. The judge will decide which of the put forward defenses to investigate and which ones not to investigate, on request or ex officio, in accordance with the type of crime. For this reason, the issue of which aspects need to be proved is a relative situation.

STATEMENTS OF THE ACCUSED
The defendant is obliged to answer all questions related to his identity correctly; otherwise, the Misdemeanors Law art. he will be punished according to 40.TATEMENTS OF THE ACCUSED
The defendant is obliged to answer all questions related to his identity correctly; otherwise, the Misdemeanors Law art. he will be punished according to 40. However, other than this, he has not been held responsible for not giving accurate answers to the questions asked to him. The defendant is the person who knows tTS OF THE ACCUSED
The defendant is obliged to answer all questions related to his identity correctly; otherwise, the Misdemeanors Law art. he will be punished according to 40. However, other than this, he has not been held responsible for not giving accurate answers to the questions asked to him. The defendant is the person who knows the incident best. However, it is considered natural that he would avoid reflecting the truth in his statements about the incident if he thought that he would receive a punishment after his statements. Because by nature, a person will run away from pain. The legal order has not ignored this fact.

However, although our legal system has in the past accepted the principle of confession by the defendant, today this issue is also approached with caution as the importance given to revealing the material truth has increased.

WITNESS STATEMENTS
Anyone in the third person can be a witness. Anyone who has the ability to understand the incident in question, to reason about it and to convey the impressions/information they have obtainednyone in the third person can be a witness. Anyone who has the ability to understand the incident in question, to reason about it and to convey the impressions/information they have obtained about it can be a witness. Even if the witness is mentally ill, a child, a relative or a relative, or has previously been convicted of perjury, it does not prevent testimony. It is one of the least reliable means of proof.

The importance of the witness to tell the truth to himself before going to rest; he is informed that if he does not tell the truth, he will be punished for perjury; he will swear; he cannot leave the courtroom without permission.The importance of the witness to tell the truth to himself before going to rest; he is informed that if he does not tell the truth, he will be punished for perjury; he will swear; he cannot leave the courtroom without permission.

It is obligatory for the witness to make a statement regarding his/her identity; this obligation does not change even if he/she has the right to abstain from testifying.

If the evidence in a judgment consists of witnesses, the witnesses should definitely be listened to during the trial.

Various measures can be taken in the Turkish Penal Code for the protection of witnesses. These measures may be in the form of hiding the identity, changing it, or allowing the person to get rid of the testimony.arious measures can be taken in the Turkish Penal Code for the protection of witnesses. These measures may be in the form of hiding the identity, changing it, or allowing the person to gVarious measures can be taken in the Turkish Penal Code for the protection of witnesses. These measures may be in the form of hiding the identity, changing it, or allowing the person to get rid of the testimony. If there is a serious danger for the witness, it is also possible to change the sound and image of the witness and listen.

Statements of Persons Other than the Accused and the Witness

Under the title of witnesses who have not been sworn in, it has been accepted in our law that accomplices should be heard as witnesses.

WRITTEN EXPLANATIONS
Any written document that conveys an idea that is useful in proving the incident in question or the statements made through them constitute the evidence of ‘’written statements/ documents’’. These documents may be official documents such as law enforcement, prosecutor and judge’s reports, or they may be private documents such as letters and similar writingswritten document that conveys an idea that is useful in proving the incident in question or the statements made through them constitute the evidence of ‘’written statements/ documents’’. These documents may be official documents such as law enforcement, prosecutor and judge’s reports, or they may be private documents such as letters and similar writings.

EXPLANATIONS WITH TOOLS THAT RECORD IMAGES AND SOUNDS
These records are in the nature of document evidence and indirectly represent the event. Just as there is the possibility of direct representation in the tapes recording the moment when the incident took place, even those that have the quality of indirect representation can create valuable evidence.These records are in the nature of document evidence and indirectly represent the event. Just as there is the possibility of direct representation in the tapes recording the moment when the incident took place, even those that have the quality of indirect representation can create valuable evidence.

When examining whether such means of proof are legal evidence; it is necessary to pay attention to different issues such as whether the recording is confidential, whether it was obtained by public officials, whether the place is a public space, whether the recorded activity is open to the public.

Both universal legal rules and the Constitution provide absolute protection for an individual’s private life and communication rights. These rights may be suspended by a judge’s decision in the following cases:

*In the presence of a strong suspicion of crime,th universal legal rules and the Constitution provide absolute protection for an individual’s private life and communication rights. These rights may be suspended by a judge’s decision in the following cases:

*In the presence of a strong suspicion of crime,
* For the purpose of restoring the social peace and tranquility disrupted by crime,
*If there is no possibility of obtaining evidence in another way.

While it is fixed that no evidence obtained in accordance with the law, regardless of its occurrence, cannot be based on the judgment; audio/video recordings, even if they are duly filled out and stored, do not constitute sufficient evidence for a conviction decision to be made in the doctrine alone. it is fixed that no evidence obtained in accordance with the law, regardless of its occurrAny means of proof that, when supported by other evidence, will lead to the conviction or acquittal of the defendant is considered as evidence. These may include items found at the crime scene, brake marks, and data obtained as a result of a person’s physical examinationny means of proof that, when supported by other evidence, will lead to the conviction or acquittal of the defendant is considered as evidence. These may include items found at the crime scene, brake marks, and data obtained as a result of a person’s physical examination. Symptoms are very important in the emergence of material truth in the possibility of establishing a link between side evidence and illusory evidence.

Symptoms directly support the evidence and provide a healthy conclusion in solving the proof problem. For example, in sexual crimes, finding a biological sample belonging to the suspect on the victim constitutes serious evidence that the suspect had physical contactly support the evidence and provide a healthy conclusion in solving the proof problem. For example, in sexual crimes, finding a biological sample belonging to the suspect on the victim constitutes serious evidence that the suspect had physical contact with the victim.

ELECTRONIC EVIDENCE
When data, records and documents created, modified, transmitted or stored in electronic environment are used or intended to be used for the proof of an alleged fact, electronic evidence is in question.

Electronic evidence can vary according to the environment in which they are found, the way they are obtained and their ability to prove the concrete event that occurred. Therefore, they are sometimes considered as documentarylectronic evidence can vary according to the environment in which they are found, the way they are obtained and their ability to prove the concrete event that occurred. Therefore, they are sometimes considered as documentary evidence and sometimes as indicative evidence. Since these evidences are open to outside interference compared to other evidences, they should be investigated carefully and supported by other evidences.

After the proof activity is completed, the judge now reaches a conclusion as to whether the alleged crime was committed by the defendant.fter the proof activity is completed, the judge now reaches a conclusion as to whether the alleged was committed by the defendant. Conviction is the fact that, without leaving room for doubt, the crime has been established in the judge’s conscience and mind as a result of the evaluation of the evidence in accordance with the existroof activity is completed, the judge now reaches a conclusion as to whether the alleged crime was committed by the defendant. Co

 

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THE ABOLITION OF THE DECISION OF ABSENTEEISM?

Legal Department         2009/5037 E.  ,  2010/8390 K

“Case Law TextLegal Department         2009/5037 E.  ,  2010/8390 Legal Department         2009/5037 E.  ,  2010/8390 K

“Case Law Text”

COURT: Bursa 2nd Civil Court of First Instance
DATE: 25.12.2008
NUMBER : Main no: 2007/250 Decision no:2008/571

Although the judgment given by the local court at the end of the proceedings of the case between the parties and the date number shown above was appealed by the plaintiff with the request that the examination be held at trial; 438/1 of the Code of Civil Procedure Decrees.Although the judgment given by the local court at the end of the proceedings of the case between the parties and the date number shown above was appealed by the plaintiff with the request that the examination be held at trial; 438/1 of the Code of Civil Procedure Decrees.since it is not one of the pending cases mentioned in the article, it was decided to reject the request for a hearing and to conduct an examination on the documents. The document was examined. The need was discussed and thought about.
The photo of the person whose photo is attached to the “Identity Document with Photo” issued to the plaintiff by the Turkish Embassy in Riyadh on 14.05.2008 is our citizen S.TThe photo of the person whose photo is attached to the “Identity Document with Photo” issued to the plaintiff by the Turkish Embassy in Riyadh on 14.05.2008 is our citizen S..It has been reported thThhehe photo of the person whose photo is attached to the “Identity Document with Photo” issued to the plaintiff by the Turkish Embassy in Riyadh on 14.05.2008 is our citizen S..It has been reported that he is working and is alive and residing in Riyadh at the address shown in this document, and has long been known to the Embassy staff as well. The plaintiff’s witness is A..H.. T.., stated that he has known the plaintiff since 1990 and has been working in Arabia, following his affairs in Turkey as a proxy; This statement of the witness was also confirmed by the power of attorney issued by the Riyadh Embassy to this person, which was given by the plaintiff on 02.05.2007.his statement of the witness was also confirmed by the power of attorney issued by the Riyadh Embassy to this person, which was given by the plaintiff on 02.05.2007. The identity information contained in the identity card that the plaintiff received from the Riyadh Embassyhis statement of the witness was also confirmed by the power of attorney issued by the Riyadh Embassy to this person, which was given by the plaintiff on 02.05.2007. The identity information contained in the identity card that the plaintiff received from the Riyadh Embassy on 02.05.2007 based on the reason of “renewal” and the identity information in the population registration sample dated 05.10.2005 in the file also coincide exactly. With these collected evidences, the fact that the person about whom the decision of absence was made on 14.11.2006 is a plaintiff has been proved in such a way as to leave no room for doubt. In this case, although it should have been decided to cancel the decision of absenteeism, the rejection of the request was not found correct.In this case, although it should have been decided to cancel the decision of absenteeism, the rejection of the request was not found correct.
RESULT: The appealed verdict is REVERSED for the reasons stated above, the advance appeal fee is to be refunded to the depositor, and the decision is to bee, although it should have been decided to cancel the decision of absenteeism, the rejection of the request was not found correct.
RESULT: The appealed verdict is REVERSED for the reasons stated above, the advance appeal fee is to be refunded to the depositor, and the decision is to be corrected within 15 days from the date of notification, with unanimity in the reversal and majority in the reason, in accordance with the law.27.04.2010 (Tuesday)
OPPOSING OPINION WRITTEN
The evidence collected is not sufficient to prove, in a way that leaves no room for doubt, that the person for whom the declaration of absence has been made is the plaintiff. Therefore, it would be beneficial for the courthe evidence collected is not sufficient to prove, in a way that leaves no room for doubt, that the person for whom the declaration of absence has been made is the plaintiff. Therefore, it would be beneficial for the court to summon the plaintiff. However, taking into account the reasons stated in the reply letter on this issue, I disagree with the decision of the dear majority with tThe evidence collected is not sufficient to prove, in a way that leaves no room for doubt, that the person for whom the declaration of absence has been made is the plaintiff. Therefore, it would be beneficial for the court to summon the plaintiff. However, taking into account the reasons stated in the reply letter on this issue, I disagree with the decision of the dear majority with the opinion that it is inappropriate to establish a rejection clause in writing without evaluating this issue, while a reasonable period of time should be given for the plaintiff to be present, and a decision should be made according to its result.
ARTICLE OF THE VOTE AGAINST
The plaintiff S., who claims that he is not absent and wants the absenteeism decision to be canceledTheThe plaintiff S., who claims that he is not absent and wants the absenteeism decision to be canceled.. I..in order to understand that he is alive and to determine his identity in a way that leaves no room for doubt, the local court required the defendant to be heard in person; it decided to dismiss the case due to thhe plaintiff S., who claims that he is not absent and wants the absenteeism decision to be canceled.. I..in order to understand that he is alive and to determine his identity in a way that leaves no room for doubt, the local court required the defendant to be heard in person; it decided to dismiss the case due to the defendant’s failure to attend the hearing during the given time and thus not complying with the request. The plaintiff argued that he was present and living in the Kingdom of Saudi Arabia, that he could not come to Turkey at the requested time due to this restriction of the law of a foreign country, and therefore did not comply with the request. In that case, the plaintiff and his attorney should be asked for a reasonable period of time during which they can remove the obstacle and enable the plaintiff to attend the hearing in person in Turkey; an appropriate period should be given for interrogation again and the result should be evaluated and a decision should be made. However, it was not correct to make a decision based on incomplete examinationn that case, the plaintiff and his attorney should be asked for a reasonable period of time during which they can remove the obstacle and enable the plainti that case, the plaintiff and his attorney should be asked for a reasonable pInIIn that case, the plaintiff and his attorney should be asked forDecision Date: 22.03.2012

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Related Concepts: TO WHOM THE ENMITY WILL BE DIRECTED IN CASES OF LIFTING THE DECISION OF ABSENTEEISM

T.C. Y A R G I T A Y 2.LEGAL DEPARTMENT MAIN NO: DECISION NO: 2011/363 2012/6883 Y A R G I T A Y I L A M I

THE DECISION UNDER REVIEW : THE COURT :Küçükçekmece 3. Civil Court of First Instance DATE: 05.10.2010 NUMBER: Case number: 2008/343 Decision number: 2010/586

PLAINTIFF :……..
THE DEFENDANTS ARE :1-…… 2-………

TYPE OF CASE : Removal of the Decision of Non-Disclosure

APPELLANT ;Defendants At the end of the reasoning of the case between the parties, the judgment given by the local court, the date and number shown above, was appealed, the document was read and discussed and considered as necessary: the case relates to the request for “Decertification of the decision of absence”.PPELLANT ;Defendants At the end of the reasoning of the case between the parties, the judgment given by the local court, the date and number shown above, was appealed, the document was read and discussed and consiPPELLANT ;Defendants At the end of the reasoning of the case between the parties, the judgment given by the local court, the date and number shown above, was appealed, the document was read and discussed and considered as necessary: the case relates to the request for “Decertification of the decision of absence”. The decision of disappearance, which has been taken, gives the opportunity to exercise these rights to those whose rights depend on death, just as if the death of the deceased had been proven, except for marriage. For this reason, in the case concerning the annulment of the decision of absence, the hostility should be directed against all those whose rights depend on death, as well as those who have taken the decision of absence.
The establishment of the party composition is related to public order and is considered ex officio by the judge. According to the population register in the file, the person for whom the interdiction decision is requested to be lifted was born on 29.10.1993, BThe establishment of the party composition is related to public order and is considered ex officio by the judge. According to the population register in the file, the person for whom the interdiction decision is requested to be lifted was born on 29.10.1993, B….It is seen that he has an illegitimate child named , and that the paternity between this child and the absent person was established by “recognition” before the annulment decision. Therefore, it was not correct to direct hostility to this person as a “defendant”, to collect his evidence if he shows it, and to judge according to the result by evaluating all the evidence together, while it was necessary to establish a verdict with incomplete opponent and incomplete examination.Therefore, it was not correct to direct hostility to this person as a “defendant”, to collect his evidence if he shows it, and to judge according to the result by evaluating all the evidence together, while it was necessary to establish a verdict with incomplete opponent and incomplete examination.

CONCLUSION: It was unanimously decided that the appealed judgment sho

 

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SAMPLE PETITION REGARDING THE DELETION OF CRIMINAL RECORD REGISTRY

TO THE GENERAL DIRECTORATE OF CRIMINAL RECORDS AND STATISTICS

TO THE GENERAL DIRECTORATE OF CRIMINAL RECORDS AND STATISTICS

TOO THE GENERAL DIRECTORATE OF CRIMO THE GENERAL DIRECTORATE OF CRIMINAL RECORDS AND STATISTICS

TO THE GENERAL DIRECTORATE OF CRIMINAL RECORDS AND STATISTICS

Ankara

(Tuna Street No:10 06100 Yenişehir/ANKARA – TURKEY)

REQUESTOR  :……………………………..

T.C IDENTIFICATION NUMBER          :……………………………..

SUBJECT :Deletion of my criminal record and criminal record archive record

about

descriptions

Ankara …………………………………… The Court ofAnkara …………………………………… The Court of ………………….. with the numbered decision …………………. about me in history ……………………………… he had secured a conviction in the form of his sentence. This decisionkara …………………………………… The Court of ………………….. with the numbered decision …………………. about me in history ……………………………… he had secured a conviction in the form of his sentence. This decision has been executed. It’sAnkara …………………………………… The Court of ………………….. with the numbered decision …………………. about me in history ……………………………… he had secured a conviction in the form of his sentence. This decision has been executed. It’s not in my criminal record.

Law on Judicial Registration 9. Since my sentence has been executed in accordance with the Article and other relevant provisions, and there is no other conviction decision issued against me after that, the necessary conditions have been created for the deletion of my criminal record and criminal record archive record.

The “showing of the archive record of the criminal record” in my criminal record record causes my deprivation of rights.

For this reason, I have had to apply for the deletion of my criminal record archive record.

Legal Reasons: Article of Law No. 5352.9 and related legislationr this reason, I have had to apply for the deletion of my criminal record archive record.

Legal Reasons: Article of Law No. 5352.9 and related legislation.

Conclusion and Request: I respectfullFor this reason, I have had to apply for the deletion of deletion of my criminal record archive record.

Legal ReasonFor this reason, I have had to apply for

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INTERN LAWYER CONSENT FORM EXAMPLE

deed of consent

CONSENTED BY
ATTORNEY                                                                                   :CONSENTED BY
ATTORNEY                                         CONSENTED BY
CONSENTED BY
ATTORNEY                                                                                 ED BY
ATTORNEY                                                                                   :
BARO AND REGISTRY NUMBER                                       :
TAX OFFICE AND REGISTRY NUMBER                                             :
address                                                                                   :

MUVAFAKAT
TRAINEE LAWYER/S AND INTERNSHIP REGISTRATION NUMBER/S     :
SCOPE OF THE CONSENT DOCUMENT                                 :

As an Antalya Bar Association intern, Stj. under my supervision, who completed his internship with a lawyer in accordance with Article 22 of the Attorneys Actandalya Bar Association intern, Stj. under my supervision, who completed his internship with a lawyer in accordance with Article 22 of the Attorneys Act, is Stj. Atty. …………….. and Stj. Atty. ………………; To be able to participate in hearings related to cases and affairs that I follow in the Civil Courts of Peace, Criminal Co an Antalya Bar Association intern, Stj. under my supervision, who completed his internship with a lawyer in accordance with Article 22 of the Attorneys Act, is Stj. Atty. …………….. and Stj. Atty. ………………; To be able to participate in hearings related to cases and affairs that I follow in the Civil Courts of Peace, Criminal Courts of Peace and Enforcement Civil / Criminal Courts under my supervision and responsibility, and to be able to conduct affairs in the Enforcement Directorates, 26 of the Law No. 1136 on Lawyers.I consent in accordance with the article.
Stj.Av. ……….Stj.Av. ………Stj.Av. ……….. and Stj.Av. ………….., to keep track of the affairs of our office, photocopy, etc. in order to get an example from the file by means of, to examine the case and follow-up files, Av. 46 Of the Law. it has been authorized by mej.Av. ……

 

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EXAMPLE OF A PETITION TO INCREASE THE PARTICIPATING ALMS

 

How to File an Alimony Increase Lawsuit, The Conditions
The alimony granted by the court does not constitute a final provision. Alimony may be increased, removed or reduced in accordance with the demands.ow to File an Alimony Increase Lawsuit, The Conditions
The alimony granted by the court does not constitute a final provision. Alimony may be increased, removed or reduced in accordance with the demands. If alimony is not sufficient due to reasons such as changing conditiow to File an Alimony Increase Lawsuit, The Conditions
The alimony granted by the court does not constitute a final provision. Alimony may be increased, removed or reduced in accordance with the demands. If alimony is not sufficient due to reasons such as changing conditions over time or loss of inflation, an alimony increase lawsuit may be filed. Let’s say that the alimony of 500 liras given to one of the spouses who divorced five years ago varies according to this year. Since the purchasing power, inflation and bill payments five years ago will not be the same, the alimony payee has the right to request an increase in alimony.

Couples who are divorced with an agreed divorce can file an alimony increase lawsuit, even if they have agreed on participation or poverty alimony. Therefore, couples who are divorced by agreement also have the right to file the case in question.Couples who are divorced with an agreed divorce can file an alimony increase lawsuit, even if they have agreed on participation or poverty alimony. Therefore, couples who are divorced by agreement also have the right to file the case in question.

ouples who are divorced with an agreed divorce can file an alimony increase lawsuit, even if they have agreed on participation or poverty alimony. Therefore, couples who are divorced by agreement also have the right to file the case in question.

A lawsuit can be filed by writing a lawsuit petition with a request for child support increase. In a lawsuit filed with a request for an increase in alimony, the issues that should be included in the lawsuit petition should be as stated in the law. When there is a deficiency or inaccuracy in the lawsuit petition, it may lead to an irrevocable legal loss or lawsuit loss in the future.

The plaintiff who requests an increase in alimony by filing a lawsuit should also request that the rate of increase in the amount of alimony to be determined by the court be added to the decision. If the alimony increase rate is not determined according to each year, it may lead to the need to file an alimony increase lawsuit in future years.

The alimony increase case varies according to the economic situation of people after marriage or divorce, according to their needs. Since each alimony increase case varies according to each event or situation, a lawsuit petition should be written.he alimony increase case varies according to the economic situation of people after marriage or divorce, according to their needs. Since each alimony increase case varies according to each event or situation, a lawsuit petition should be written. For this reason, when an alimony increase lawsuit is filed, it should be discussed with an expert lawyer before the case, and the lawsuit petition should be prepared by an expert lawyer.

The petition for lawsuit should be submitted together with the petition for lawsuit and the petition for lawsuit that will prove the claims should be attached to the petition for lawsuit. Since the alimony increase case is subject to the simple trial procedure, it is a case that will be concluded in a short timehe petition for lawsuit should be submitted together with the petition for lawsuit and the petition for lawsuit that will prove the claims should be attached to the petition for lawsuit. Since the alimony increase case is subject to the simple trial procedure, it is a case that will be concl

EXAMPLE OF A PETITION TO INCREASE THE ALIMONY OF A MEMBER

… TO THE FAMILY COURT

 

prosecutor                                 :

TC ID NUMBERprosecutor                                 :

TC ID rosecutor                                 :

TC ID NUMBER :

address                                  :

attorney                                  :

(If anytor                                 :

TC ID NUMBER :

address                                  :

attorney                    prosecutor                               osecutor    1- The defendant … and our client … The Family Court …/…/… date, …/… E . and …/… K. they are divorced by a numbered decree. (Oct-1)- The defendant … and our client … The Family Court …/…/… date, …/… E . and …/… K. they are divorced by a numbered decree. (Oct-1)

2- As a result of the d- The defendant … and our client … The Family Court …/…/… date, …/… E . and …/… K. they are divorced by a numbered decree. (Oct-1)

2- As a result of the divorce, the custody of the couple’s common child … born … … (was given to his mother) in EK-2.  No alimony was awarded to the common child in this decree. However, as a result of the increase in the child’s expenses, school and classroom expenses in the face of aggravating living conditions, our client is in the Family Court for alimony to be paid to the joint child …/… E. he filed a lawsuit with a numbered file.

3 – … The …/…/… history of the Family Court, …/… E . and …/… K. By his numbered decree, he has ruled on the monthly …TL affiliate alimony for the joint child. (Oct-3 – … The …/…/… history of the Family Court, …/… E . and …/… K. By his numbered decree, he has ruled on the monthly …TL affiliate alimony for the joint child. (Oct-3)

4- … the monthly … TL subsidiary alimony, which was ruled in the year, became insufficient as a result of the economic condi – … The …/…/… history of the Family Court, …/… E . and …/… K. By his numbered decree, he has ruled on the monthly …TL affiliate alimony for the joint child. (Oct-3)

4- … the monthly … TL subsidiary alimony, which was ruled in the year, became insufficient as a result of the economic conditions of the day and the growth and increasing needs of the joint child. The common child … … is still studying in the classroom at … High School (Oct-4) and attending the classroom. (Oct-5)

5- Taking into account the improvement in the economic situation of the defendant, the decrease in the purchasing power of money in the face of high inflation and the increase in the needs of the common child, it was necessary to file this lawsuit. Taking into account th- – – Taking into account Tkg into account the improvement in the economic situationTaking into account the improvement in the economic situation of the defendaomic situation of the defendant, the decrease in the purchasing power of money in the face of high inflation and the increase in the needs of the common child, it was necessary to file this lawsuit.

 

LEGAL REASONS : 4721 P. K. m. 330, 364, 365, 6100 S. K. m. 1, 5.

 

LEGAL EVIDENCES        : 1-) …. Family Court’s …/…/… T. …/… E. …/…. K.

a numbered divorce decree.

2-) Population Registration Sample.

3-) …. Family Court’s …/…/… T. …/… E.                                                3-) …. Family Court’s …/…/… T. …/… E. …/…. K.

num-) …. Family Court’s …/…/… T. …/… E. …/…. K.

. Family Court’s …/…/… T. …/… E. …/…. K.

numbered court order.

CONCLUSION AND REQUEST                        : For the reasons explained above, the participation alimony, which is …TL per month, will be increased by …TL per month, starting from the date of the lawsuit, to …TL per month.ONCLUSION AND REQUEST                        : For the reasons explained above, the participation alimony, which is …TL per month, will be increased by …TL per month, starting from thNCLUSION AND REQUEST                        : For the reasons explained ONCLUSION AND REQUEST                        : For the reasons explained above, the participation alimony, which is …TL per month, will be increased by …TL per month, starting from the date of the lawsuit, to …TL per month. we respectfully request on behalf of our client that a decision be made to have it removed to the other party, that the trial expenses and the proxy fee be charged to the other party.  …/ …/ …

 

Oct. : 1-) ……….. The Family Court’s …/…/… T. …/… E. …/…. K.

a numbered divorce decree.

2-) Population Registration Sample

3-) …. Family Court’s …/…/… T. …/… E.                                                  3-) …. Family Court’s …/…/… -) …. Family Court’s …/…/… T. …/… E. …/…. K.

numbered court order.

…. Family Court’s …/…/… T. …/… E. …/…. K.

. Family Court’s …/…/… T. …/… E. …/…. K.

numbered court order.

4-) Student Certificate.

5-) Receipts related to school and classroom expenses.

6-) Witnesses will testify with their names and addresses

it shows the subjects of the witness list.

7-) One approved power of attorney sample.

Plaintiff’s Attorney

 

 

 

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EVEN IF SOME WITNESSES’ STATEMENTS ARE NOT INCLUDED IN THE REASONED DECISION, THE DECISION IS IN ACCORDANCE WITH THE PROCEDURE.

SUPREME COURT DECISION : LINK yuksekMahkemeDetaySUUPREME COURT DECISION : LINK yuksekMahkemeDetay

T.C. SUPREME COURT 2.LUPREME COURT DON DATE: 06.06.2017

EVEN IF SOME WITNESSES’ STATEMENTS ARE NOT INCLUDED IN THE REASONED DECISION, THE DECISION IS IN ACCORDANCE WITH THE PROCEDURE.

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