10 May Recognition Of The Person By Other Name
T.C.
SUPREME
18. LEGAL DEPARTMENT
E. 2011/9929
K. 2011/12617
T. 12.12.2011
* The request to change the name of the child under custody to DERSIM ( where the plaintiff claims that the daughter is known by that name – based on justifiable reason, the request will be accepted )
* Demand to change the name ( where the child under the custody of the claimant states that he is known by the name Dersim – as the claim is based on justifiable reason, his acceptance is required )
4721 / m.27
Summary: the plaintiffs in the lawsuit petition, claiming that their daughter under their custody was known by the name “Dersim” and requested that the name “Dilan” written in the Population Register be changed to “Dersim”. The person may ask the judge to change his or her name based on justifiable reasons. As it is understood from the contents of the file that the Daughters of the plaintiffs are known by the name “Dersim”, the request must be accepted since there is a justified reason to change the name.
Lawsuit: the plaintiffs requested in the lawsuit that the name of their daughter, Dilan, be corrected as Dersim. The court decided to dismiss the case and the verdict was appealed by the plaintiffs.
Once it was understood that the appeal request was within its duration, all the papers in the file were read and considered necessary:
Verdict: the plaintiffs in the lawsuit petition, claiming that their daughter under their custody was known by the name “Dersim” and requested that the name “Dilan” written in the Population Register be changed to “Dersim”.
In accordance with the provisions of Article 27 of the Turkish Civil Code No. 4721, a person may ask the judge to change his name on the basis of justifiable reasons, in the applications of the Supreme Court, a person may use the name he is known around and ask for registration with the population under this name, provided that it is not In the concrete case, it is understood from the contents of the file that the Daughters of the plaintiffs are known by the name “Dersim”, that the request should be accepted because there is a right reason to change the name, but it was not considered right to dismiss the case on grounds that are not in place.
Conclusion: in this respect, without taking into account the principles described above, the provision in written form is without fault, and the appeal appeals are in place for these reasons, so that the provision is accepted by H.U.M.K.nun 428. it was decided unanimously on 12.12.2011 to have the application annulled in accordance with the article and to return the application fee to the appellant if requested.
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