08 Mar DNA TESTING
T.C THE DECISION OF THE SUPREME COURT
8.law office
Base: 2018/ 11714
Decision: 2018 / 18506
Date of Decision: 12.11.2018
COURT :Family Court
As a result of the trial between the parties and the case described above, it was decided to approve our Apartment with the addition of Decision28.12.2017 days and … Basis, 2017/17686, after the decision on the acceptance of the case granted by the Court was appealed by the defendants’ attorney. The defendants were asked to correct the decision during the time by the deputy, but the file was considered necessary to be examined:
decision
In the petition filed by the deputy plaintiff, the plaintiff’s father was dead, and the determination of paternity was requested; the decision made by the court to accept the case was appealed by the deputy defendants, and the file was re-examined, as it was requested that the approval decision made by our department be corrected by the defendant’s attorney.
The case is referred to Article 301 of the Turkish Civil Code No. 4721. within the scope of the article, it is related to the paternity determination request filed by the adult child and the lawsuit has been filed against the heirs because the alleged father is dead.
Review of Forensic Medicine Institution, based on the provision dated 11.12.2015 the file according to the report, the plaintiff claimed to be with the father …’s son, a DNA test is performed and received from oral swab samples of the parties with Y-STR DNA profiles in terms of identical DNA regions studied because it is the name of the persons can be detected in male individuals from the same pedigree that can be understood.
Claimed to be the father by the court …’s to be taken by the plaintiff understood that Kabir is dead conquest of samples to be taken from the samples by comparison with the DNA testing to be done in the absence of this situation is possible should be done with the person who claimed to be the brother of a DNA test review decision in writing as to when this time has been understood in an incomplete review of the decision that received the acceptance of the request for correction is required.
CONCLUSION: On 28.12.2017, the day of acceptance of the objections to the correction of the decision of the defendants’ attorney for the reasons described above, … The basis is the REMOVAL of the approval decision No. 2017/17686 of our Department, Temporary 3 of the HMK No. 6100 for the reasons described in the provision of the local court. according to Article 428 of the Code No. 1086. in accordance with the article
It was decided unanimously on 12.11.2018 to CANCEL it, to return the advance fee to the applicant who requested an appeal and correction of the decision upon request.
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