10 May Name Change Case
27 of the Turkish Civil Code No. 4721.according to the article, name change can only be achieved through litigation. However, with the Law No. 7036 published in the official gazette No. 30229 dated 03.11.2017 with the law on Population Services and the law amending some laws, a new possibility has been introduced in name and surname name changes.
As a result of this arrangement, persons apply to the district population offices located in the place of residence within two years from the date of the law’s entry into force and apply to the surname Law No. 2525 No. 3.they may replace names that are contrary to the article with names that are misspelled or misspelled. The change is made on a one-off basis.
With this law, it is possible to correct only names and family names that are against the law. As a result, it should be noted that people who want to change names in the presence of a justifiable reason still have to sue to change names.
As a result, it is not enough to apply to the population Directorate for name change operations. The change in 2017 only allows people whose name was incorrectly passed to the population to correct their name. In this context, the name can be changed by suing in the presence of justifiable grounds.
COMPETENT AND COMPETENT COURT IN NAME CHANGE CASE
The case for changing the name is filed in the Court of First Instance at the place of residence of the plaintiff, i.e. the person who wants to change the name.
JUSTIFIABLE REASONS FOR CHANGING THE NAME:
The justifiable reasons for the name change are as follows:;
– The name is ridiculous, mockery, ugly, bad or has a moral meaning,
– The name is unfavorable or difficult to pronounce
– Cause confusion due to the use of the same name by more than one person
– In case of changing religion and citizenship,
– In case of gender change,
– The person is known / called by another name around family or friends,
– Name of a person’s social life or business activities,
– Someone in the family of the person with the name may commit a felony or have a bad reputation,
– The use of a prohibited name,
reasons can be cited as examples of justifiable reasons. But justifiable reasons are not limited to these examples. Each situation must be evaluated within itself.
The name change also does not affect legal connections with one’s family. In other words, the person’s family ties are not severed and the person can still be the heir.
HOW DOES THE PROCESS WORK AFTER THE NAME CHANGE CASE?
Name change cases are usually the ones that come to a decision in a short time. After the conclusion of the decision, the decision of the relevant court shall be notified to the parties. After receiving the notification, the parties may apply to appeal within a period of 15 days. If there is no appeal within the 15-day period, the decision will be finalized. The decision to comment on the finalization is sent to the press announcement Authority for the announcement. It takes an average of 10-15 days for the advertisement to be made and the advertisement newspaper to be sent to court. After this stage, the court sends its decision to the relevant population Directorate and the person can get a new identity card from the population directorate.
The person can follow the name change case himself or with the help of a lawyer can follow. However, since such cases are cases that require legal knowledge and experience, legal processes such as preparing a petition , opening a lawsuit, finalizing a decision may create some difficulty for the person so that they do not lose their rights.
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