T.C. SUPREME
2.Legal Department

Basis: 2011/13681
Verdict: 2012/6879
Decision Date: 22.03.2012

THE REQUEST FOR THE DECISION OF GUARDIANSHIP WITH RESTRICTION – THE DETERMINATION OF THE NATIONAL LAW OF THE PERSON WHO IS ASKED TO BE RESTRICTED BY USING THE HELP OF THE CLAIMANT – THE NEED TO INVESTIGATE WHETHER IT IS POSSIBLE TO APPOINT A GUARDIAN

Summary: the reasons for the restriction and guardianship decision must be decided in accordance with the Turkish law by investigating whether it is possible to restrict the person and appoint a guardian for the person who is asked to be restricted by using the help of the plaintiff, and in cases where it is not possible to restrict the person according to the National Law of

(5718 P. K. m. 2, 10)

Case: the decision given by the Local Court at the end of the judgment of the case was appealed, the paperwork was read, the need was discussed and considered.

Verdict: H., who is of Azerbaijani nationality and who is in Turkey with a residence permit, by casethe court has requested that he be restricted because of his disability.the request was refused on the grounds that it could not be restricted in accordance with the Turkish Civil Code due to the fact that the person is not a citizen of the Republic of Turkey.

10 of the law No. 5718 on International Private Law and Procedural Law. in this article, it is stipulated that the person whose reasons are to be restricted by the decision of restriction or guardianship is subject to national law, if the decision of guardianship or restriction is not possible according to the National Law of the foreigner, if the person’s habitual residence is in Turkey, the decision can be made according to Turkish law, and There is no provision in Turkish law that prevents the Turkish court authorized to issue a restraining order against foreign persons from issuing a restraining order and appointing a guardian subject to foreign law.

The reasons for the restriction and guardianship decision are primarily subject to the National Law of the person to whom the restriction is requested by the court; with the assistance of the plaintiff (5718 P.K. m. 2) it is against the law and procedure to determine the National Law of the person to be restricted and to investigate whether it is possible to appoint a guardian for the person to be restricted, and in cases where it is not possible to be restricted according to the National Law of the foreigner, it is against the law and procedure to establish a written

Conclusion: a unanimous decision was made on 22.03.2012 to overturn the appealed provision for the reason shown.