03 Oct END OF THE PERSONALITY
Personality can end in two ways. These are death and awkwardness.
1- DEATH
Determination of Death: Personality ends with death according to Article 28/1 of the Turkish Criminal Code. The rights that are firmly attached to the person disappear, while other rights pass to his heirs by inheritance. With the termination of the personality, new rights cannot be acquired, because the driver’s license has also expired. In determining the subject of death, there are two different types of death, biological and brain death.
Proof of Death: According to MK29/1, a person who claims that a person is alive or dead is obliged to prove it. In doing so, Personal status logs can be used for these. If the inaccuracy and absence of information in this log is alleged, it can be proved by any evidence.(MK article 30/2) indicates that a document indicating the incident of death can be sent to the population directorates with a document related to it in article 33 of the MK article 33.
Presumptions: There are also presumptions that are used to prove death. Death and death together are presuppositions of death.
-Presumption of DEATH: It can be used when the body is not found, although there is not the slightest doubt that the person is dead. For example, if a passenger plane explodes, there is a presumption of death. According to Article 31 of the Turkish Criminal Code, if someone disappears and cannot be found, considering his death a certainty according to his life experience, he is considered dead. With the lowering of the death record, the consequences of that death arise.
-Presumption of Death TOGETHER: The important thing in this presumption is not that the body cannot be found, but that the exact time of death of the deceased cannot be known. There are multiple people who cannot be determined which one is dead. Those who died with this presumption are considered to have died together. Here, for example, if the spouses are the heirs of the first deceased to the other, while they do not have common children in the presumption of death together, it passes to their heirs in the second group.
Condition of the Body: The bodies of the deceased do not have any rights, but their relatives have the right to personality rights over the body of the deceased. The damage done to the body is considered to have been done to their personality. Relatives can also file lawsuits.
2- ABSENCE: In some cases, the situation in which people are found does not count death as a presumption, but leaves doubts about when they are dead or alive. Here people should be lost in great danger of death or have not been heard from for a long time.
An example of disappearing in danger of death could be a soldier lost in battle.
If there has been no news for a long time, there should be doubt whether the person is alive or not. Because of this, it is not included that no one can be heard from who goes to another country to work and does not have the right to speak. If this person is in regular communication and suddenly broke off the relationship, this lawsuit may be filed. If a person has disappeared in danger of death, a lawsuit can be filed after 1 year, and after 5 years because of the inability to receive news for a long time. His wife, heirs or those who have a will in his favor can file this lawsuit.
The person whose identity is decided is not dead or alive. A person’s assets are automatically transferred to his heirs. In the same way, those who claim otherwise to be gay are obliged to prove it.
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