T. C.

SUPREME COURT

2.Law Office

Principal No: 2018/1306

Decision No: 2018/4719

Date of Decision: 09.04.2018

CHANGING THE JOURNAL OF THE JOINT STYLE WITH THE MOTHER SURNAME

PROMPT OF THE CHILDREN IN THE CONTEXT OF THE RIGHT TO VACCINE

THE RIGHT OF THE RIGHT TO DETERMINE – CHANGE OF CHANGE

UNDERSTANDING THE EXISTENCE – THE CASE OF THE ACCEPTANCE OF THE CASE

– THE PROSECUTION IS

ABSTRACT: The case is aimed at replacing the common child’s surname with the surname of the plaintiff who has the right of custody exclusively. The right of the custody of the right not to recognize the right of the child to be given the right to determine the surname of the child in the same legal status as the right to determine the surname of the child in the same legal status, that there is no legal arrangement that prevents the mother from replacing it with her own surname after the termination of the marriage union with the termination of the marriage union. Considering that there is no violation and the child’s surname changed with the surname of the child, the Constitutional Court gave The decision to accept the case should be decided by taking into consideration the decisions of the violation.

(2709 SK m. 10, 20, 41) (4721 SK m. 27, 282, 292, 321, 335, 336) (2525 SK m. 4) (6216 SK m. 50) (ANY. T. 2010/119 E. 2011/165 K.) (ANY. MAH. 25.06.2015 T. 2013/3434 E.) (ANY. MAH. 11.11.2015 T. 2013/9880 E.)

Litigation: At the end of the reasoning of the lawsuit between the parties, the date and number of the cases given by the Legal Court of the Regional Court of Justice have been appealed by the plaintiff.

Ruling: Plaintiff B. Karakol In his petition dated 12.05.2016; The defendant is divorced on the date of 27.02.2015 with the most decision, the common child has been given to him custody of the AE dated 17.03.2011, the common child who started school doğum Review çocuk with the last name and his family name before the marriage kesin Karakol 27 surnames because of the difference he had problems in the transaction, to be the mother of the child related to the process of registering with the sample of the population had to submit a divorce, the respondent father is not common child, disinterested in the child for a long time and not pay child support, the child is also uncomfortable that the child’s surnames differ from the mother and claiming that he wanted to carry the same last name, the child’s surname changed to the plaintiff mother’s surname en Karakol un, and the first court of first instance decided on 18.07.2017. In According to article 321 of TMK, if the parent and father are married, the child will carry the family name of the family, the father will be understood as ç family için, the child will be given the surname. born in the birth of the father and mother born in marriage in the birth of the father, born in accordance with Article 321 TMK.nin according to the father’s surname, the surname of the child so that the surname of the Turkish Civil Code to change its surname after the right to change the article in Article 321 If the child’s surname is only possible after the adult, the conditions of the article 27 of the Turkish Civil Code can be made by him / herself or by the father. as long as the child does not hesitate to take the father’s surname on the grounds that 14 oc the case was decided to refuse the decision of the mother of the Izmir Regional Court of Justice on the decision of the decision of the mother on the date of 14.11.2017 with the decision…… in accordance with Article 321 of the Turkish Civil Code of the On the grounds that he received his surname tem acı, he rejected the plaintiff’s request for appeal, and the claim was appealed by the applicant’s mother.

The case is intended to replace the claimant’s mother’s surname with the surname of the common child.

The trial and the evidence collected; joint child AE was born on 17.03.2011 before the date of marriage of the parties, on 18.03.2011 by the defendant father was established by the bond with the father, the parties were married on 22.08.2011, and on 27.02.2015 most definitively divorced with the decision, along with the divorce decree joint It is understood that the custody of the child AE was left to the plaintiff mother and that the plaintiff mother still has custody rights and responsibilities.

Between the child and the mother is established with the birth of a knight. Between the child and the father, the mother, marriage, recognition or judge is established with the provision. The patrol is also established through adoption (TMK m. 282). A child born out of wedlock shall be subject to provisions concerning children born in their own marriage in the event that their mother and father marry each other (TMK m. 292). If the child, mother and father are married, they carry the family’s surname. However, if the mother has a double name due to her previous marriage, the boy bears her bachelor’s given last name (TMK no. 321).

The name may be changed from the judge on the basis of justified reasons. It is registered and announced in the population registry where the name is changed. Changing the name does not change the personal situation. A person who has suffered a change of name may sue the abolition of the decision to change within one year from the day of learning (TMK m.27). The surname is the one of the most important elements in determining the identity as an individual and an indispensable, non-transferable, which is an indispensable part of the individual, which becomes an inseparable element of the individual and his / her marrow.

Custody; is the whole of the rights and obligations of the mother or father, non-adult children or restricted adult children and their rights and obligations regarding these two issues (AKINTÜRK, Turgut: Turkish Civil Code C.2, Family Law, Istanbul 2002, p. 400). Custody gives responsibility to the parent and authorizes them to make necessary decisions about him until the child is mature. In this respect, custody in modern law is considered to be the sum of rights and obligations, since it includes power and responsibility for providing the best interests of the child as well as a right. The ultimate aim of the custody is to provide the young, who has not yet reached maturity, to prepare for future life as an adult (AKYÜZ, Emine Children’s Law, Protection of Children’s Rights, 2012 p.220). Article 335 of the Law No. 4721 on the right to guardianship stipulates that the non-adult child is under the auspices of his / her parents and that there is no legal reason that the custody cannot be taken from the mother and father. As long as the marriage continues, the parent and father will use the custody together, the joint life is terminated or in case of separation the judge may give the custody to one of the spouses, in case of death of one of the parents and the mother custody survivors, divorce belongs to the party left to the child, custody, custody. and the principle of exercising the powers of the spouses.

In the case of termination of marriage or divorce, in the second paragraph of Article 4 of the Surname Law Nr. a has been revoked by the decision of the Constitutional Court dated 8.12.2011 and numbered E.2010 / 119, K.2011 / 165 and in the justification of the cancellation decision, the rights and responsibilities of women and men during marriage and the termination of marriage. reference to the provisions of international conventions that require them to be and that the spouses, during the continuation of marriage and divorce in terms of the same legal position in terms of the rights they have, the right to choose the child’s surname within the scope of the right of the child is not recognized the right to choose the surname, custody, it was stated that the rule of appeal was canceled due to the violation of Articles 10 and 41 of the Constitution.

In the individual application decisions of the Constitutional Court dated 25.06.2015 and 2013/3434, dated 11.11.2015 and 2013/9880, numbered 20.04.2017 and numbered 2014/1826; The right to protection, care and supervision, or similar terms, is a legal value that must be addressed within the scope of Article 20 of the Constitution because the demand for the custody of the child whose surname has been changed with its own surname is related to the right to custody and the use of the powers in this context. the right to determine the surname of the child, the right to determine the sake of the child’s surname, the right to determine the surname of the child, that the child has a surname for the purpose of determining the membership of a family and that the child and the public are Although the mother’s surname is given to the child.

The decisions of the Constitutional Court as a result of the individual application are different from the abstract and concrete norm control, and are valid and binding only for the person and the administrative process or decision of the applicant. In the light of the decision of the Constitutional Court regarding the violation of the rights determined by the court decision and the derece retrial to eliminate the breach and its consequences to eliminate the consequences of the breach and its consequences ”based on Article 50 (2) of the it is no longer possible to decide otherwise. However, similar judicial decisions made in other cases of the mother’s right to change the surname of the common child with the surname of the above-mentioned custody may be determined by the Supreme Court in the case of individual application, then the violation of the right to a retrenchment in order to eliminate the consequences of the violation. It is certain that it will open. The Constitution and the European Convention on Human Rights and in the joint protection of the additional protocols, which Turkey is a party “fundamental rights and of the alleged violation of freedom” is primarily generally be resolved in the usual legal remedies in the courts hanged.

Within the scope of these decisions of the Constitutional Court; The principle of m The Good Benefit of the Child inin should also be examined. The most general definition of this principle is the protection of the benefits of the child at all times and under all circumstances. It is the highest principle that guards the officials and officials in all the problems encountered in child law, orders the preference of the solution for the benefit of the child and protects against the weak, the strong (AKYÜZ, Emine). Child Rights Protection of Children’s Rights, 2012 p. 10). The best interest of the child is a criterion, a guideline, which is taken into account in determining what is best for the child in a particular case and which is compulsory to take into account in all matters concerning the child. The superior benefit of the child also undertakes a function that guarantees the rights of the child (YÜCEL, Özge Ufuk University Journal of the Faculty of Law Volume 1 Issue 2, December 2013, p. 117-137). The importance of the child in the best interests of the child, not only the child or the parents, but also the interests of society. Because the social, cultural, physical and psychological positive development of the child will prevent the emergence of harmful behaviors in society in the future (BAKTIR, Çetiner Selma, Velayet Law, Ankara 2000 p.33).

In the present case, the plaintiff mother has the right to have the custody claiming that the child is uncomfortable and that the mother wants to carry the same last name. stated that she was uncomfortable about not carrying them, expressed her desire to carry the same last name as the mother, and expressed her last name as the mother’s surname and “Karakol” when she introduced herself. It is not suggested that if the surname of the child is changed with the surname of the child, the spiritual development of the child will be adversely affected by the best interests of the child, it can be understood that it is in the best interest of the child to change the child’s surname as the mother’s surname.

In the light of all these explanations; that the mother’s right to the custody of the child’s surname is related to the use of the powers under the right of custody, the right to determine the surname of the child within the scope of the parental right, that there is no legal arrangement that prevents the mother from replacing it with her own surname after the termination of the marriage union with the termination of the marriage union. considering that there is no violation and the child’s surname will not change (TMK m. 27). While it was necessary to decide on the acceptance of the case, it was necessary to decide on the verdict.

Conclusion: For the reason explained above, the Izmir Regional Court of First Instance of the Court of First Instance of the decision of the Court of 14.11.2017, the first-instance court of the Izmir 8 th Family Court on 18.07.2017, 2017/11 basis, 2017/523 decision No. BOZULMASINA, the first to be sent to a court of law, an example of the decision to be referred to the court of the regional court of justice, upon request, the decision of appeal to the investor to return the investment was decided. 09/04/2018