T.C SUPREME COURT

8.Legal Department

Basis: 2018 / 11714

Decision: 2018/18506

Decision Date: 12.11.2018

Court :Family Court

After the decision on the acceptance of the case given by the court as a result of the trial between the parties and the above-mentioned case was appealed by the defendants ‘ attorney, it was decided that our department would be upheld with the decision no.28.12.2017 day and… Esas, 2017/17686. The defendants were asked by the attorney to correct the decision in due course, but the file was reviewed.:

DECISION

In the petition of the plaintiff, the plaintiff’s father was dead and the paternity decision was requested to be determined; the court’s decision on the acceptance of the case was appealed by the defendants ‘attorney, and the case was reviewed again, since the consent decision given by our department was requested to be corrected by the defendants’ attorney.

The case was filed under Section 301 of the Turkish Civil Code No. 4721. as part of the article, the claim for paternity was filed by an adult child, and the case was filed against his heirs because the father was allegedly dead.

Review of the provision based on the file dated 11.12.2015 Forensic Medicine Institution, according to the report, the plaintiff claimed to be with the father …’s son with a DNA test and oral swab samples received from the parties is performed Y-STR DNA profiles identical in terms of DNA regions studied because it is the name of the persons from the same pedigree, it is understood that male subjects can be detected.

Since the court first understood that the alleged father …was dead, it was necessary to accept the request for correction of the decision, since it was understood that the samples to be taken by making a tomb of conquest and the DNA test by comparing the samples to be taken from the plaintiff, if this is not possible, the DNA test with the person alleged to be a brother was necessary, since this time the review was decided by incomplete examination in writing.

Conclusion: for the reasons described above, with the acceptance of objections to the correction of the decision of the defendants ‘ attorney, 28.12.2017 day of our department, … the basis, 2017/17686 Decision No.of the cancellation of the consent decree, temporary 3 of HMK no. 6100 for the reasons described in the Local Court provision. article 428 of Humk No. 1086. according to the article

A unanimous decision was made on 12.11.2018 to overturn, to return the advance fee to the person who requested the appeal and correction of the decision on request.