Bilgi  [HMK. 1] GÖREV KURALLARI VE NİTELENDİRİLMESİ
Mahkemeler ancak kanunla kurulurlar ve görevleri kanunla düzenlenir. Taraflar aralarında anlaşarak bir uyuşmazlığın çözümünün belirledikleri mahkeme ya da mahkemelerde görülmesini önceden kararlaştıramazlar. Görev kuralları kamu düzeni ile ilgili olduğu için hakim tarafından re'sen dikkate alınır, taraflar da yargılama sona erinceye kadar mahkemenin görevsiz olduğunu ileri sürebilirler. Bu konuda taraflarca önceden yapılmış olan anlaşma ya da anlaşmalar batıldır (baştan itibaren hükümsüzdür)....

 Çeviri  [MK. 354] İngilizce Çeviri

Mother and father, may use properties of child unless their parental custody has been cancelled because of their faults.

 Çeviri  [MK. 353] İngilizce Çeviri

When marriage terminated the spouse at whom parental custody has been left, is obliged to give a book indicating inventory of assets of child and notify important alterations materialized on those assets or investments made, to judge.

 Çeviri  [MK. 352] İngilizce Çeviri

Mother and father, as long as their parental custody continued, they own right of governing of properties of child and are obliged to do that; they do not give account and security as a rule. In cases where mother and father have not fulfilled their obligations, judge interferes.

 Çeviri  [MK. 351] İngilizce Çeviri

In case the situation changed, the measures concerning protection of child must be modified to new conditions. If cause necessitating cancellation of parental custody has been disappeared, judge grants custody back on his/her own initiative or upon request of mother or father.

 Çeviri  [MK. 350] İngilizce Çeviri

In case parental custody has been cancelled, obligations of mother and father to meet caring and education expenses of their child continue. If mother and father and child have no ability to pay, those expenses are defrayed by the State. Provisions concerning child support are reserved.

 Çeviri  [MK. 349] İngilizce Çeviri

Getting remarried of mother or father having parental custody, does not necessitate cancellation of custody. However, as well as owner of parental custody may be altered when interest of child necessitated, a guardian may also be appointed to child by being cancelled parental custody according to the case and conditions.

 Çeviri  [MK. 348] İngilizce Çeviri

If there can not be obtained any result from other measures regarding protection of child or is understood in advance that those measures will become insufficient, judge decides cancellation of parental custody in the following circumstances; (AMENDED SUBPARAGRAPH Official Gazette: July 07,2005 Official Gazette No: 25868 Act No: 5378/38) 1. Being not able to fulfill of mother and father of their duty of parental custody as required because of lack of experience, illness or being at any other place or of one of related causes. 2. Being not shown adequate concern of mother and father to child or being neglected of their obligations toward him/her seriously. If parental custody is removed from both of mother and father, a guardian is appointed to child. Unless otherwise is stated in decison, cancellation of parental custody includes all of existing children or ones to born.

 Çeviri  [MK. 347] İngilizce Çeviri

In case that physical and mental development of child is in peril or child has been left spiritually deserted, judge may place child beside a family or into an institution by taking him or her from mother and father. If staying of child in the family breaks the peace of family in an extent that there can not be expected them to endure and there has not even been any other remedy according to requirements of the case, judge may take the same measures upon request of mother and father or child. If mother and father and child have no ability to pay, expenses which those measures necessitated are defrayed by the State. Provisions concerning child support are reserved.

 Çeviri  [MK. 346] İngilizce Çeviri

In case interest or development of child imperiled, mother and father could not find a remedy for situation or have not been capable for that, judge shall take proper measures for protection of child.

 İçtihat  [HMK. 10] Yargıtay 15. Hukuk Dairesi, Esas: 2011/408, Karar: 2011/1128

Taraflar arasındaki ilişki eser sözleşmesi olup dava, davalının yerleşim yeri veya akdin ifa yeri mahkemesinde açılabilir.

 İçtihat  [HMK. 4] Yargıtay 3. Hukuk Dairesi, Esas: 2009/3753, Karar: 2009/6260

Dava, niteliği itibariyle kira sözleşmesine dayanan bir tespit davası olmayıp kiralanan taşınmazın el değiştirmesinin muvazaalı olduğunun tespiti istemlidir. Bu sebeple temyize konu dava, asliye hukuk mahkemesinin görev alanındadır.

 İçtihat  [HMK. 2] Yargıtay 2. Hukuk Dairesi, Esas: 2009/5078, Karar: 2009/17954

Mirasın kayıtsız şartsız reddinin iptaline ilişkin davalarda görev Asliye Hukuk Mahkemesine aittir.

 Çeviri  [MK. 345] İngilizce Çeviri

Becoming burdened with debt of child by a legal transaction to be made between child and father or mother or to be made between child and third person for the benefit of mother and father, depends upon participation of a trustee and approval of judge.

 Çeviri  [MK. 344] İngilizce Çeviri

Child under parental custody, may make legal transactions on behalf of family with consent of mother and father if he or she has discretion; mother and father become burdened with debt because of those transactions.

 İçtihat  [HMK. 2] Yargıtay 2. Hukuk Dairesi, Esas: 2008/15352, Karar: 2010/239

Malvarlığı borcuna yetmeyen mirasçı, alacaklılarına zarar vermek amacıyla mirası reddederse; alacaklılarının veya iflas idaresinin, kendilerine yeterli bir güvence verilmediği takdirde, ret tarihinden başlayarak altı ay içinde ikame edebilecekleri mirasın reddinin iptali davasına bakmaya asliye hukuk mahkemesi görevlidir.

 Çeviri  [MK. 343] İngilizce Çeviri

Capacity to act of child under parental custody is just as capacity of person under guardianship. Child, is liable from his/her debts with his/her own assets regardless of rights of mother and father over child properties.

 Çeviri  [MK. 342] İngilizce Çeviri

Mother and father, are legal representatives of their children towards third persons within the frame of their parental custody. Bonafide third persons, may assume that either of spouses has made transaction with the permission of the other. Except issues subject to permission of guardianship authorities, provisions concerning representation of persons under guardianship shall also apply in representation regarding parental custody.

 Çeviri  [MK. 341] İngilizce Çeviri

Right to determine of religios education of child belongs to mother and father. All kinds of agreements are invalid to limit rights of mother and father in this regard. Major, is free to choose his or her religion.

 Çeviri  [MK. 340] İngilizce Çeviri

Mother and father shall educate child according to their capacities and provide and protect his/her physical, mental, spiritual, moral and social development. Mother and father shall provide child, especially physically or mentally handicapped ones, general and professional education in an extent that become suitable to their abilities and inclinations.

 Çeviri  [MK. 339] İngilizce Çeviri

Mother and father, take and perform required decisions by considering interest of child in respect of caring and education of him or her. Child, is obliged to obey his/her mother and father. Mother and father shall enable the child to organize his/her life in proportion to his/her maturity; take his or her opinion into consideration in important matters as far as possible. Child, may not desert home without consent of his/her mother and father and may not be taken from them without just cause. Name of child is given by his/her mother and father.

 Çeviri  [MK. 338] İngilizce Çeviri

Spouses, are also obliged to bestow diligence and concern to their step children who are not major. Other spouse becomes helpful appropriately to the spouse who exercises parental custody over his/her own child; he or she represents him/her for the needs of child in an extent that situation and conditions necessitated.

 Çeviri  [MK. 337] İngilizce Çeviri

If mother and father are not married, parental custody belongs to mother. If mother is minor, incapacitated or deceased or parental custody has been removed from her, judge appoints guardian or grants parental custody to father according to interest of child.

 Çeviri  [MK. 336] İngilizce Çeviri

Mother and father exercise parental custody together as long as marriage continued. If joint life has been terminated or separation state occurred, judge may grant parental custody to one of spouses. Parental custody, belongs to serviving one if one of mother and father has died, to the party to whom child has been left in case of divorce.

 Çeviri  [MK. 335] İngilizce Çeviri

Child who has not been major, is under parental custody of his/her mother and father. Parental custody may not be removed from mother and father unless legal cause existed. Unless judge considered to be appointed guardian necessary, incapacitated major children are also under parental custody of mother and father.

 İçtihat  [HMK. 391] YARGITAY 9.HD 2011/47825E. 2011/41222

Mevcut durumda meydana gelebilecek bir değişme nedeniyle hakkın elde edilmesinin önemli ölçüde zorlaşacağından ya da tamamen imkânsız hâle geleceğinden veya gecikme sebebiyle bir sakıncanın yahut ciddi bir zararın doğacağından endişe edilmesi hâllerinde, uyuşmazlık konusu hakkında ihtiyati tedbir kararı verilebilir.

 Önerge  [HMK. 79] (1) Vekil, duruşma sırasında uygun olmayan tutum ve davranışta bulunursa, hâkim tarafından uyarılır; vekil uyarıya uymaz ve fiil disiplin suçu veya adlî suç teşkil eder nitelikte görülürse, duruşma salonunda bulunan kişilerin kimlik bilgileri, adresleri de yazılarak olay tutanağa geçirilir, tutanak hazır bulunanların tümü tarafından imzalanır, imzadan çekinme halinde bu husus belirtilir ve duruşma ertelenir. Vekil hakkında gerekli yasal işlem yapılmak üzere mahkemece vekilin kayıtlı olduğu baroya ve gerekiyorsa Cumhuriyet başsavcılığına bildirimde bulunulur.

 Önerge  [HMK. 77] (3) Bir tarafın davayı takip için bir avukata vekalet vermek istemesi nedeniyle yargılama başka bir güne bırakılamaz.

 Çeviri  [MK. 334] İngilizce Çeviri

If mother and father do not fulfil their obligations of child support permanently and persistently or it may be regarded that they have been in preparation of escaping, spent their properties negligently or wasted them, judge may decide to be provided an appropriate security or when necessary to be taken other measures with relation to their obligations of child support in future.

 Çeviri  [MK. 333] İngilizce Çeviri

If child support is requested together with action of paternity and judge deems probability of paternity strong, he or she may decide to a proper child support for needs of child before judgement.

 Çeviri  [MK. 332] İngilizce Çeviri

When action of child support filed, judge takes required measures during pending of case upon request of plaintiff. If lineage tie has been determined, there may be decided defendant to store up or pay provisionally proper amount of child support.

 Çeviri  [MK. 331] İngilizce Çeviri

In case the condition has changed, judge upon request, determines amount of child support again or cancels child support.

 Çeviri  [MK. 330] İngilizce Çeviri

Amount of child support, is determined by regarding needs of child and life conditions and payment abilities of mother and father. Incomes of child are also considered in determination of amount of child support. Child support is paid every month in advance. Judge on request, may decide in what amount to be paid of child support in the following years according to social and economic conditions of parties which has been decided its payment as annuities.

 Çeviri  [MK. 329] İngilizce Çeviri

Mother or father who has been caring minor virtually, may file an action against the other on behalf of child for child support. Action for child support for minor without discretion in cases where necessitated, may also be filed by trustee or guardian to be appointed. Minor having discretion may file action for child support too.

 Çeviri  [MK. 328] İngilizce Çeviri

Obligations of caring of mother and father continue until child becomes major. If education of child continues despite he or she has become major, mother and father are obliged to care child being in an extent that can be expected from them according to situation and conditions, until his or her education ends.

 Çeviri  [MK. 327] İngilizce Çeviri

Expenses required for caring, education and protection of child, are met by mother and father. Mother and father, in case that they have been poor or special conditon of the child required extraordinary expenses or any kind of extraordinary cause existed, may spend a certain amount from properties of child to be sufficient for his or her caring and education with permission of judge.

 İçtihat  [CMK. 231] Yargıtay 2. CD. 2009/36259 E. 2011/37793 K.

Kararda, hükmün açıklanmasının geri bırakılmaması kararının yasanın aradığı anlamda gerekçelendirilmediği ve m.231 açısından zarar olgusunun belirlenmesinde hatalı ölçüt kullanıldığı saptanmış ve bu hususlar bozma nedeni sayılmıştır.

 Çeviri  [MK. 326] İngilizce Çeviri

The court where child resided is also competent in all arrangements regarding formation of personal relationship. Rules of territorial jurisdiction concerning divorcement and protection of marriage union are reserved. Until been made an arrangement aimed at personal relationship with child, there may not be formed personal relationship without consent of the person who has parental custody or to whom child has been left.

 Çeviri  [MK. 325] İngilizce Çeviri

If there have been extraordinary circumstances, in an extent that has been suitable to interest of child, right of request to form personal relationship with child may also be granted to the other persons, especially his or her relations. Limitations specified for mother and father shall apply for third persons mutates mutandis.

 Çeviri  [MK. 324] İngilizce Çeviri

Either of mother and father, is obliged not to injure personal relationship of child with the other one and avoid to prevent education and rearing of child. If peace of child has been imperiled due to personal relationship or mother and father have misused those rights of them contrary to their obligations specified in the first paragraph or have not concerned with the child seriously or there have been other important causes, right of formation of personal relationship may be rejected or removed from them.

 Çeviri  [MK. 323] İngilizce Çeviri

Either of mother and father has right to request to be formed proper personal relationship with the child who has not been under his or her parental custody or who has not been left to him or her.

 Çeviri  [MK. 322] İngilizce Çeviri

Mother, father and child, have to be helpful, show respect and consideration one another and protect honour of family in such a way that peace and integrity of family necessitated.

 Çeviri  [MK. 321] İngilizce Çeviri

Child, bears (REPEALED PHRASE Official Gazette: October 07,2009 Official Gazette No:27369 The Court of Constitution Date: July 02,2009 Docket No: 2005/114 Decree No: 2009/105 ) (Date Entered Into Force: October 07,2010) surname of family if mother and father are married. However, if mother has been bearing double surnames because of her previous marriage, child bears her maiden surname.

 Çeviri  [MK. 320] İngilizce Çeviri

Intermediation operations regarding adoption of minors, may only be performed by institutions and organizations authorized by the Council of Ministers. Issues concerning performing of intermediation operations are designated by regulations.

 Çeviri  [MK. 319] İngilizce Çeviri

Right of action, expires within one year commencing from discovery of ground of cancellation of adoptive relationship, in any case by elapsing five years from transaction of adoption.

 Çeviri  [MK. 318] İngilizce Çeviri

If adoption is invalid due to any of other deficiencies concerning basis, Public prosecutor or any concerned person may request cancellation of adoptive relationship. In case deficiencies ceased to exist meanwhile or they have only been related to procedure and cancellation of relationship would damage seriously interest of adopted child, that line may not be taken.

 Çeviri  [MK. 317] İngilizce Çeviri

If consent has not been taken unless legal cause existed, the persons whose consents must be taken, may request cancellation of adoptive relationship in case interest of minor will not injure seriously as a result of that.

 Çeviri  [MK. 316] İngilizce Çeviri

There may only be decided to adoption after being inquired comprehensively every kind of situation and conditions that considered essential, being heard adopter and adopted and being taken opinions of experts when required. Especially personality and health of adopter and adopted, their mutual relations, their economic conditions, educating ability of adopter, reasons leading to adoption and developments in family ralationships and caring relationships must be cleared in inquiry. If there have been descendants of adopter, manners and opinions of them concerning adoption are also regarded.

 Çeviri  [MK. 315] İngilizce Çeviri

Decision of adoption is granted by the court of place of residence of adopter; in adoption jointly, by that of residence of one of spouses. Adoptive relationship is become constituted along with court decision. Death or losing of discretion of adopter after application of adoption, does not prevent adoption in case other requirements have not been affected by them. If minor becomes major after application, provisions concerning adoption of minors are applied provided that its requirements have been performed priorly.

 Çeviri  [MK. 314] İngilizce Çeviri

Rights and obligations belonging to mother and father pass to adopter. Adopted, becomes legal heir or heiress of adopter. If adopted child is minor, obtains surname of adopter. Adopter may give a new name to child if he or she wishes. Adopted child who is major, may receive surname of adopter while being adopted if he or she wishes. Names of spouses who adopt are recorded as names of mother and father to the registers of birth of minors who have been adopted jointly by spouses and been devoid of discretion. In order not to be damaged of rights of inheritence or other rights of adopted child and to be continued of his or her family bonds, every kind of tie is formed between the family tree which adopted child has come from by transfer and the family tree of adopter. Records, documents and information regarding adoption, may in no way be expressed unless court decision existed or adopted child requested.

 Çeviri  [MK. 313] İngilizce Çeviri

(AMENDED SENTENCE Official Gazette: July 15, 2005 Official Gazette No: 25876 Act No: 5399/1)Major or ward of court may be adopted by express assent of descendant of adopter in the following circumstances; 1. If he or she has been in need of help permanently due to his or her physical or mental handicap and being nursed and cared for at least five years by adopter, 2. If he or she had been nursed, cared and educated when minor for a period of at least five years by adopter, 3. If the other just causes existed and adopted has been living together with adopter as a family for at least five years. A married person may only be adopted with consent of his or her spouse. Except them, provisions concerning adoption of minors shall apply mutates mutandis.

 Çeviri  [MK. 312] İngilizce Çeviri

If minor, has been placed in an institution in order to be adopted in future and consent of one of mother and father has been lacking, upon request of adopter or institution mediating and before placement of minor as a rule, the court where he or she has been residing decides whether that consent to be required or not. In other cases, decision in this respect is made during transactions of adoption. In case consent of one of mother and father has not been required due to he or she has not fulfilled his or her obligation of diligence sufficiently towards minor, decision in this respect is notified himself/herself in written.

 Çeviri  [MK. 311] İngilizce Çeviri

It is not required consent of one of mother and father in the following circumstances; 1. If not known who he or she is or where he or she has been residing for a long lime or if he or she has been devoid of discretion permanently, 2. If he or she has not been fulfilling sufficiently his or her obligation of diligence towards minor.

 Bilgi  [FSEK. 13] Fikir Ve Sanat Eserlerinin Kayıt ve Tescili Hakkında Yönetmelik
(Resmi Gazete Tarihi ve Sayısı: 17/05/2006-26171) BİRİNCİ BÖLÜM Amaç, Kapsam, Dayanak ve Tanımlar Amaç MADDE 1 – (1) Bu Yönetmeliğin amacı, fikir ve sanat eserlerini içeren yapımlar üzerinde hak ihdas etmek amacı taşımaksızın mali ve manevi hak sahiplerinin söz konusu haklarının ihlal edilmemesi, hak sahipliklerinin belirlenmesinde ispat kolaylığı sağlanması ve mali haklara ilişkin yararlanma yetkilerinin takip edilebilmesi amacıyla eserlerin ve yapımların ...

 Çeviri  [MK. 164] İngilizce Çeviri

(AMENDED ARTICLE Act No: 6217 Dated:March 31,2011 Article No:19) In case one of spouses has deserted the other one with the purpose of not to perform his or her obligations arising from union of marriage and not returned to joint residence without a just cause, separation has lasted at least six months and that situation still continued and notification which has been made by judge or notary upon request has failed;the spouse who has been deserted, may file a suit for divorce.The spouse who forced the other to leave joint residence and prevented him or her to return to joint residence without a just cause, is also deemed deserted. Upon request of the spouse who has right to file action, judge or notary warns the spouse who has deserted in a legal warning issued without examining basis that he or she is required to return to joint residence within six months and about consequences to arise in case of being not returned. That legal warning is made through publication when necessary. However, it can not be made request for legal warning to file a divorce suit unless fourth month of given period expired and it can not be filed a suit for divorce unless elapsed two months after legal warning.

 Çeviri  [MK. 181] İngilizce Çeviri

Divorced spouses may not be legal heir of each other with this capacity and lose the rights provided them through testamentary dispositions which have been made prior to divorcement, unless otherwise understood from disposition. While divorce case is continuing, in case one of legal heirs of deceased spouse continued to the case and being evidenced fault of the other spouse, provision of the above paragraph is applied too.(AMENDED ARTICLE Act No:6217 Date:March 31,2011 Article No:19)

 Çeviri  [MK. 191] İngilizce Çeviri

Decision concerning cancellation or limitation of representation authority, may be altered by judge when conditions have changed upon request of one of spouses. If the first decision published, the decision concerning alteration shall also be published .

 Çeviri  [MK. 231] İngilizce Çeviri

Surplus value, is the remaining amount after subtraction of debts regarding acquired properties of each spouse from total value of those properties including amounts acquired from addition and equalisation as well. Value decrease is not taken into consideration.

 Çeviri  [MK. 255] İngilizce Çeviri

In case of death of one of spouses, if there have been household goods or home in which the spouses lived together between properties subject of partitioning; surviving spouse, may request to be vested to him or her the right of ownership over them by being made set-off to his or her right arising from inheritence and partitioning, if that does not suffice, by being added charge. In case there have been just causes, on request of surviving spouse or one of other legal heirs of deceased one, it may also be decided to be vested right of usurfruct or habitation in place of ownership. Surviving spouse, may not enjoy those rights in sections which legator performed a profession or craft or which it has been necessary for being performed the same profession or craft by one or his or her descendants. Statutes of law of succession concerning agricultural real estates are reserved.

 Çeviri  [MK. 258] İngilizce Çeviri

Spouses, may accept a community comprised of acquired properties only by a contract of property regime. Incomes of personal properties are also included in that community.

 Çeviri  [MK. 310] İngilizce Çeviri

Consent, may not be given unless six weeks have elapsed from birth of minor. Consent, may be revoked within six weeks commencing from the date of being taken down on record by the same process. Consent given again after revoking is certain.

 Çeviri  [MK. 305] İngilizce Çeviri

Adoption of a minor depends upon the condition of being cared and educated during a period of one year by adopter. Adoption has to be in the interest of the minor in any case and interests of other children of adopter must not also be damaged incongruously to equity.

 Çeviri  [MK. 309] İngilizce Çeviri

Adoption, necessitates consents of mother and father of minor. Consent, is taken down on record by being explained verbally or in written at the court where minor or his/her mother and father have resided. Consent given, is valid even though names of adopters have not been expressed or adopters have not been determined yet.

 Çeviri  [MK. 308] İngilizce Çeviri

It is essential that adopted must be younger than adopter at least eighteen years. Minor having discretion, may not be adopted without his or her consent. Minor who is under guardianship, may be adopted with the permission of his or her authority of guardianship unless regarding that he or she has discretion.

 Çeviri  [MK. 307] İngilizce Çeviri

Any unmarried person may adopt child singly if he or she has completed thirty years of age. The spouse who completed thirty years of age, may adopt singly because of deprivation of the other spouse from discretion permanently or that there has not been known where he or she is for more than two years or has been proved by court decision that it has not been possible to adopt child jointly since he or she has been living apart from his or her spouse for more than two years.

 Çeviri  [MK. 306] İngilizce Çeviri

Spouses, may only adopt child jointly; unmarried ones may not adopt jointly. Spouses must have been married to each other for at least five years or completed thirty years of age. Any of spouses, may adopt child of the other provided that they have been married for at least two years or he/she has completed thirty years of age himself/herself.

 Çeviri  [MK. 304] İngilizce Çeviri

Mother, may request to be covered the following expenses by father or his legal heirs in action of paternity or separately; 1. Expenses of birth, 2. Expenses of subsistence for each six weeks before and after birth, 3. Other expenses which pregnancy or birth necessitated. Even though child has been born dead, judge may decide these expenses to be covered. Payments made to mother by third persons or social security institutions, are deducted from compensation in equity extent.

 Çeviri  [MK. 303] İngilizce Çeviri

Action of paternity, may be filed before or after birth of child. Right of action of mother, expires by being elapsed one year commencing from birth. If there has been appointed trustee to child after birth, period of one year regarding child, starts to run at the service date of appointment to trustee; if no any trustee appointed, at the date on which child has become major. If there has been lineage tie between child and another male, the period of one year starts to run at the date on which that relationship ceased to exist. If there have been causes justifying delay after the period of one year elapsed, it may be filed action in one month commencing from disappearing of cause.

 İçtihat  [MK. 194] Yargıtay 2.Hukuk Dairesi 2005/4553 Esas 2005/7237Karar

Taşınmazın üzerinde eylemli olarak binanın mevcut olduğu belirlendiğine ve bu binanın aile konutu olarak kullanıldığı tesbit edildiğine göre, tapuda cinsinin "arsa" olarak gösterilmiş olması, Türk Medeni Kanununun 194/3. maddesi anlamında aile konutu şerhi verilmesine engel değildir.

 Bilgi  [TTK. 369] Gündeme Bağlılık İlkesi ve İstisnaları
A-Gündeme Bağlılık İlkesi Madde 369 - Umumi heyeti toplantıya davete dair olan ilan veya davet mektuplarında gündemin gösterilmesi lazımdır. Esas mukaveleye göre umumi heyetin muayyen zamanlarda yapacağı adi toplantı gündemine şunlar konur: 1. İdare meclisi ve murakıplar tarafından verilen raporların okunması; 2. Şirketin bilanço ve kar zarar hesabını ve kazancının dağıtılması hakkındaki tekliflerin tasdiki veya değiştirilecek şekilde kabul yahut reddi; 3. İ...

 Bilgi  [MK. 196] Gerekçe; Madde İsviçre Medenî Kanununun 173 üncü maddesinin yeni hükmü göz önünde tutulmak suretiyle değiştirilerek yeniden kaleme alınmıştır. Burada eşlerin birlikte yaşamları devam ederken, hâkimin alacağı özel bir önlem hükme bağlanmıştır. Bu hükümle eşlerin evlilik birliğinin devamı sırasında ailenin geçimi için gerekli olan parasal katkıya ilişkin önlem öngörülmüştür. Hâkimin, parasal katkıda bulunma kararı verirken göz önünde tutması gereken ölçüler ikinci fıkrada belirlenmiştir. Bu fı...

 Çeviri  [MK. 302] İngilizce Çeviri

Having sexual relation of defendant with mother between three hundredth day and a hundred and eightieth day before birth of child, is deemed presumtion of paternity. Even though out of that period, if it has been determined that the defendant has been in sexual relation with mother during actual conception period, the same presumtion is valid. If the defendant proves that paternity of child of him is impossible or probability of paternity of a third person is further than that of him, the presumtion loses its validity.

 Çeviri  [MK. 301] İngilizce Çeviri

Mother and child may request to be determined lineage tie between child and father by court. Action is filed against father, if the father died, against his legal heirs. Action of paternity is notified to Public prosecutor and the Treasury; if the action filed by mother, to trustee; if filed by trustee, to mother.

 Çeviri  [MK. 300] İngilizce Çeviri

Right of action of recognizant, expires by being elapsed one year commencing from the date of discovery of ground of annulment or the date on which influence of fear vanished and in any case five years from recognition. Right of action of the persons concerned, expires by being elapsed one year commencing from the date on which the plaintiff discovered recognition and that he can not be father of child and in any case five years from recognition. Right of action of child, expires by being elapsed one year commencing from becoming major. If there has been cause justifying delay despite the periods above elapsed, it may be filed action in one month commencing from disappearing of cause.

 Çeviri  [MK. 299] İngilizce Çeviri

Plaintiff, has to prove that the recognizant has not been father. Burden of proof in action of annulment filed by mother and child claiming that the recognizant has not been father, arises after the recognizant has called convincing evidences that he has been in sexual relation with mother in the period of conception.

 Çeviri  [MK. 298] İngilizce Çeviri

Mother, child and in case the child died, his or her descendants, Public prosecutor, the Treasury and other persons concerned may claim annulment of recognition. Action is filed against recognizant, if recognizant died against his or her legal heirs.

 Çeviri  [MK. 297] İngilizce Çeviri

Recognizant, may claim annulment of recognition on the ground of error, fraud or intimidation. Action for annulment is filed against mother and child.

 Çeviri  [MK. 296] İngilizce Çeviri

The registrar, judge of peace, notary or judge opening will to whom has been made declaration, notifies recognition to registry offices of births which father and child have been registered. And registry office of births which child has been registered, notifies recognition to child, his or her mother, if child is under guardianship, to guardianship authority.

 Çeviri  [MK. 295] İngilizce Çeviri

Recognition occurs by written application to registrar or court of father or by his declaration made in formal deed or in his will. If the person who declared recognition is minor or ward of court, consent of custodian or guardian of him is also required. Child who has lineage tie with another male, may not be recognized unless that tie has been made void.

 Çeviri  [MK. 294] İngilizce Çeviri

Legal heirs of father and mother, child and Public prosecutor may raise objection to be formed lineage tie through getting married later on. Person who raises objection, must prove that the husband has not been father. Descendant of child, has also right of objection in case the child has died or lost discretion permanently. Provisions concerning annulment of recognition shall apply mutates mutandis.

 Çeviri  [MK. 293] İngilizce Çeviri

Spouses, are obliged to notify their joint children born out of marriage, during getting married or after marriage, to the registrar of their places of residence or the place where marriage has been performed. Being not has been made notification, does not prevent the child to be subjected to provisions regarding legitimite children. Registrar makes required process ex officio when father and mother of children whose lineage ties formed by recognition or decree of paternity, have gotten married to each other.

 Çeviri  [MK. 292] İngilizce Çeviri

Child who born out of marrige, becomes spontaneously subjected to provisions regarding legitimite children in case his or her father and mother have gotten married to each other.

 Çeviri  [MK. 291] İngilizce Çeviri

In case that husband has died or been decided absence of him or lost discretion permanently before lapse of period to file action, descendants, mother or father of the husband or the person asserting that he has been father, may file action of refusal of lineage tie within one year commencing from discovery of birth and husband's death or that he has lost discretion permanently or has been decided absence of him. Trustee to be appointed to child minor, files action of refusal of lineage tie within one year commencing from service of decision of appointment to himself/herself, in any case within five years commencing from birth. Provisions concerning action of refusal of lineage tie to be opened by husband, shall apply mutates mutandis.

 Çeviri  [MK. 290] İngilizce Çeviri

If child has been born within three hundred days commencing from dissolution of marriage and mother has remarried meanwhile, the husband in the second marriage is deemed father. If this presumption is rebutted, the husband in the first marriage is deemed father.

 Çeviri  [MK. 289] İngilizce Çeviri

Husband, has to file action within one year (REPEALED PHRASE Official Gazette: October 07,2009 Official Gazette No: 27369 the Court of Constitution Date:25.06.2009 Docket No: 2008/30 Decree No:2009/96) commencing from the date on which he discovered birth and that he has not been father or mother had sexual relation with another male when conceived. Child, has to file action within at latest one year commencing from the date on which he or she has become major. If the delay relied upon a just cause, the period of one year starts to run on the date which that cause disappeared.

 Çeviri  [MK. 288] İngilizce Çeviri

If child, has been conceived before marriage or while living apart, the plaintiff does not have to bring any other evidence. If there have been convincing proofs in relation to having sexual relation of husband with his wife during the period of conception, the presumption regarding paternity of husband maintains its validity.

 Çeviri  [MK. 287] İngilizce Çeviri

If child has been conceived within marriage, the plaintiff must prove that the husband has not been father. Child is deemed conceived within marriage who born after at least one hundred and eighty days elapsed commencing from getting married and within at the latest three hundred days commencing from dissolution of marriage.

 İçtihat  [İİK. 341] Yargıtay 7. Ceza Dairesi Esas: 2006/11529, Karar: 2008/50

Suç tarihinden sonra yürürlüğe giren İcra İflas Kanunu'nun 341. maddesinde yapılan değişiklik sonucu çocuk teslimi hakkındaki ara kararlarına aykırı davranış şikayete tabidir.

 İçtihat  [İİK. 341] Yargıtay 8. Ceza Dairesi Esas: 1991/4124, Karar: 1991/5378

Noter aracılığıyla gidecekleri yeri şikayetçiye bildiren sanığın, çocuğun babası ile kişisel ilişkisini engelleme amacı taşıdığı kabul edilemez. Duruşmada hazır bulunan sanığın açık kimliğinin saptanmaması ve infazda duraksamaya neden olacak şekilde kararda gösterilmemesi usul ve yasaya aykırıdır.

 İçtihat  [KiraK. 16] Yargıtay 13. Hukuk Dairesi, Esas: 1983/2728, Karar: 1983/3703

6570 sayılı Yasa ile getirilen normla korunmak istenen kiracılardır. Temyize konu davada kiracının, kiralanandan, sözleşme süresinden evvel çıkması halinde kiralayanın 45.000 TL vereceği yükümlenilmiş olmakla; işbu hususun hava parası ile alakası yoktur.

 İçtihat  [EskiBK. 65] Yargıtay 13. Hukuk Dairesi, Esas: 2009/14151, Karar: 2010/8581

Temyize konu davada talep edilen alacak, "hava parası" olmakla; BK m.65'e göre haksız veya hukuka aykırı bir maksat elde edebilmek için verilmiş olan şey istirdat edilemeyeceğinden davanın reddi gerekir.

 İçtihat  [İşK. 5] Yargıtay 9. Hukuk Dairesi 2010/23498 E. 2011/5236 K.

Eşit davranma ilkesi tüm hukuk alanında geçerli olup İş Hukuku bakımından işverene, işyerinde çalışan işçiler arasında haklı ve objektif bir neden olmadıkça farklı davranmama borcu yüklemektedir. Bu bakımdan işverenin yönetim hakkı sınırlandırılmış durumdadır. Bununla birlikte, eşit davranma borcu, tüm işçilerin hiçbir farklılık gözetilmeksizin aynı duruma getirilmesini gerektirmemektedir. Bahsi geçen ilke, eşit durumdaki işçilerin farklı işleme tabi tutulmasını önlemeyi amaç edinmiştir. Öte yan...

 Çeviri  [MK. 284] İngilizce Çeviri

In actions concerning lineage tie, the Civil Procedure Code is applied provided that the following rules are reserved; 1. Judge searches material facts ex officio and evaluates evidences freely, 2. Parties and third parties, are obliged to give consent to research and examinations requisite and not creating hazard for their health in determination of lineage tie. If defendant does not consent to research and examination which judge prescribed, judge may deem that the consequence which is being expected from them according to the situation and conditions has arisen against him or her.

 Çeviri  [MK. 286] İngilizce Çeviri

Husband may rebut presumption of paternity by filing action of refusal of lineage tie. That action is filed against mother and child. Child has right of action too. That action is filed against mother and husband.

 Çeviri  [MK. 285] İngilizce Çeviri

The father of the child who born during marriage or within three hundred days commencing from dissolution of marriage, is the husband. Binding of the child to the husband born after that period has elapsed, depends upon proving that the mother has been conceived during marriage. In case there has been decided to absence of the husband, the period of three hundred days starts to run from the date of peril of death or last hearing.

 Çeviri  [MK. 283] İngilizce Çeviri

Actions concerning lineage tie are filed at the court of residence place of any of parties at the time of action or birth.

 Çeviri  [MK. 282] İngilizce Çeviri

Lineage tie between child and mother is formed by birth. Lineage tie between child and father, is formed by marriage with mother, recognition or decree of judge. Lineage tie is also formed by way of adoption.

 Çeviri  [MK. 281] İngilizce Çeviri

In other cases the provisions concerning joint ownership and partitioning of the estate shall apply mutates mutandis.

 Çeviri  [MK. 280] İngilizce Çeviri

Any spouse, may request to be vested to him or her other values of assets too by being made set-off to his or her share by proving that he or she has a superior benefit.

 Çeviri  [MK. 279] İngilizce Çeviri

If home in which they live together or household goods are included in properties of community, the surviving spouse, may request to be vested him or her ownership of them by being made set-off to his or her share. In case there have been just causes, on request of surviving spouse or other legal heirs of deceased one, it may be vested right of usurfruct or habitation over them in place of ownership. In case community of property regime has ended due to a cause except death, either of spouses may set forth the same requests by proving that he or she has a superior benefit.