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4721 S.lı Türk Medeni Kanunu - Son Eklenen Şerhler

4721 S.lı Türk Medeni Kanunu - Son Eklenen Şerhler

Guardian whose duty terminated, as well as he or she is liable to submit final report and final account to guardianship authority; he or she is obliged to keep assets available in order to be entrusted to the person under guardianship, his or her legal heirs or new guardian.
(Şerh No: 13038 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-02-2012 18:11)

Those concerned, may raise objection at audit authority against decisions of guardianship authority within ten days commencing from the day of notification. Audit authority, abjudicates that objection peremptorily by conducting hearing as well when necessary.
(Şerh No: 13037 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-02-2012 18:08)

Guardianship authority, beside removing from duty and warning, is also liable to take other precautions required for protection of the person under guardianship.
(Şerh No: 13036 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-02-2012 17:58)

As well as guardianship authority may appoint a trustee by dismissing provisionally the guardian from duty in cases where there has been danger in delaying of; it may apply precautionary attachment to properties of guardian by taking probable damage into consideration and may request him or her to be arrested as well if necessary.
(Şerh No: 13034 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-02-2012 10:03)

Guardianship authority, may only remove guardian from duty after making required inquiry and hearing him. Guardianship authority, warns guardian in circumstances that not serious regarding that he or she will be removed from duty.
(Şerh No: 13033 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-02-2012 09:52)

The person under guardianship having discretion or every person concerned, may request to be removed of guardian from duty. Guardianship authority which discovered from another way existence of the reason necessitating to be removed from duty, is obliged to remove guardian from duty ex officio.
(Şerh No: 13032 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-02-2012 09:44)

In case guardian temporizes his duty seriously, abuses his or her powers or exhibits behaviours shaking confidence or falls into insolvency, he or she is removed from duty by guardianship authority. If interests of the person under guardianship fall into danger because of incapability of guardian in performing his or her duty, guardianship authority may remove guardian from duty although he or she has no fault.
(Şerh No: 13031 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-02-2012 09:39)

4721 sayılı Türk Medenî Kanunu’nun 303. maddesinin ikinci fıkrasının, “… hiç kayyım atanmamışsa çocuğun ergin olduğu tarihte işlemeye başlar.” bölümünün Anayasa’ya aykırı olduğuna ve İPTALİNE... Karar verildi. Esas Sayısı : 2010/71 Karar Sayısı : 2011/143 Karar Günü : 27.10.2011
(Şerh No: 13030 - Ekleyen: Av.Hulusi METİN - Tarih : 07-02-2012 09:04)

Guardian whose duty has been terminated, is liable to make indispensable tasks until the new one starts duty.
(Şerh No: 13027 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-02-2012 18:19)

Guardian, is obliged to withdraw from his or her duty in case a cause impediment to guardianship appeared. Guardian, may request him or her to be discharged from duty before expiry of the period in case a cause for abstention appeared; however he or she has to continue his or her duty in case there have been important reasons.
(Şerh No: 13026 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-02-2012 12:23)

Duty of guardianship, in case it has not been extended, terminates by expiration of the period.
(Şerh No: 13025 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-02-2012 12:19)

Duty of guardianship, terminates by being lost capacity to act of guardian or death of him or her.
(Şerh No: 13024 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-02-2012 12:14)

In cases where appointment has been published or guardianship authority regarded necessary, it is also published that trusteeship has been terminated.
(Şerh No: 13023 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-02-2012 12:12)

Trusteeship of representation, terminates by being completed of the task which trustee has been assigned to do. Trusteeship of administration, terminates upon disappearing of the reason necessitated appointment of trustee or being discharged from duty of trustee. Legal consultancy, terminates by decision of guardianship authority pursuant to provisions concerning removal of guardianship.
(Şerh No: 13022 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-02-2012 12:10)

Removal of guardianship on the person who has been interdicted by his or own request, depends upon disappearing of the reason necessitated interdiction.
(Şerh No: 13021 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-02-2012 11:36)

Being able to request of removal of guardianship of the person who has been interdicted because of his or her squandering, alcohol or narcotic addiction, bad life fashion, mismanagement of his or her assets, depends upon not to be caused by him or her a complaint for at least one year concerning the reason necessitated him or her to be taken under guardianship.
(Şerh No: 13020 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-02-2012 11:29)

There may only be decided removal of guardianship on the person who has been interdicted because of mental illness or mental weakness, in case it has been determined by a an official medical board report that the reason of interdiction disappeared.
(Şerh No: 13019 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-02-2012 11:14)

If interdiction has been published, its removal is published as well. Regaining of capacity to act, is not subject to being made of publication.
(Şerh No: 13018 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-02-2012 11:10)

Guardianship on other interdicted persons, terminates by the decision of competent guardianship authority. Upon disappearing of the cause necessitating guardianship, guardianship authority decides termination of it. Interdicted person and every one of the persons concerned, may make request of removal of guardianship.
(Şerh No: 13017 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-02-2012 11:05)

Guardianship on a person interdicted on the ground of punishment restricting freedom, is cancelled spontaneously by termination of imprisonment state.
(Şerh No: 13016 - Çeviren: Av.Kadir ORUÇ - Tarih : 06-02-2012 10:59)

This Code shall enter into force on the date of January 1,2002.
(Şerh No: 13014 - Çeviren: Av.Kadir ORUÇ - Tarih : 05-02-2012 15:48)

Turkish Civil Code dated February 17,1926 and numbered 743 has been repealed.
(Şerh No: 13013 - Çeviren: Av.Kadir ORUÇ - Tarih : 05-02-2012 15:47)

Guardianship on minor, ends spontaneously upon he or she becomes major. If there has been decided to majority by court, the court determines and announces at the same time on what date the minor will become major.
(Şerh No: 13009 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-02-2012 17:14)

The closest court of general jurisdiction to the place where guardianship offices are located, is competent to rule the case of recourse of the State against the persons commissioned at guardianship offices. Compensation and other recourse cases regarding guardianship are heard at the court of general jurisdiction where guardianship offices are located.
(Şerh No: 13008 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-02-2012 17:05)

As well as the State is directly liable from damages caused by the persons commissioned at guardianship offices against law; it also is liable from damages which can not be reimbursed by guardian, trustee and legal consultants. The State reimbursed damage, recourses to the persons who are faulty in occurance of damage. The persons who cause arising of damage by their faults, are successively liable toward the State which exercises right of recourse.
(Şerh No: 13007 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-02-2012 17:00)

Guardian, is liable from damage inflicted to the person under guardianship by his or her faulty act while executing his or her duty. The same provision shall be applied about trustee and legal consultants as well.
(Şerh No: 13006 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-02-2012 16:51)

Guardianship bodies and other persons charged with guardianship matters, are liable to show diligence which a good management requires while executing those duties of them.
(Şerh No: 13005 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-02-2012 16:23)

Transactions made by guardian without taking permission of guardianship offices although required by the law, have the force of transactions that the person under guardianship made without permission of guardian.
(Şerh No: 13004 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-02-2012 16:20)

Guardianship authority, examines report and accounts to be submitted by guardian in certain periods; orders them to be corrected or completed in cases it regarded necessary. Guardianship authority, accepts or refuses report and accounts; takes proper measures in order to protect interest of the person under guardianship when necessary.
(Şerh No: 13003 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-02-2012 16:17)

After permission of guardianship authority, permission of audit authority is also required in the following circumstances; 1. Adoption of the person under guardianship or being adopted of him or her, 2. Entering into or renounce from citizenship of the person under guardianship, 3. Taking over or dissolution of an enterprise, entering into a partnership requiring personal responsibility or going into partnership with a company with an important capital, 4. Being made contracts providing lifetime salary or income or of lifelong support, 5. Acceptance, disclaimer of inheritence or being made contract of inheritence, 6. Being rendered major of minor, 7. Being made contract between the person under guardianship and guardian.
(Şerh No: 13002 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-02-2012 16:11)

Permission of guardianship authority is required in the following circumstances; 1. Purchase and sale of immovables, being mortgaged of and establishment of some other real right on them, 2. Purchase, sale, transfer or putting in pledge of movables or other rights and values being out of ordinary needs of administration and operation, 3. Construction works exceeding ordinary administaration limits, 4. Lending and borrowing, 5. Commitment of exchange, 6. Being made contract of leasing of product for one year or longer term or that of immovable for three years or longer term, 7. Performing of a profession or craft of the person under guardianship, 8. Being reserved of power to take provisional measures of guardian in urgent circumstances, bringing action, reconciliation and being made of arbitration and composition, 9. Being made contracts of property regime, contracts of partitioning of the estate or of transfer of purparty, 10. Declaration of insolvency, 11. Being made life insurance concerning the person under guardianship, 12. Being made apprenticeship contract, 13. Placement of the person under guardianship into an education, caring or medical institution, 14. Being changed of residence place of the person under guardianship.
(Şerh No: 13001 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-02-2012 16:03)

Person who owns a thing, within the limits of law order, has power of using, benefiting and disposing on that thing at his or her discretion. Owner, as well as he or she may institute action of recovery against the person who possesses his or her property unjustly, he or she may also claim prevention of all kinds of unjust possession.
(Şerh No: 13000 - Çeviren: Av.Kadir ORUÇ - Tarih : 04-02-2012 12:49)

Çocuk için takdir edilen tedbir nafakasının, çocuğun anneye teslimine ilişkin ara karar tarihinden itibaren başlatılması gerekir.
(Şerh No: 12999 - Ekleyen: Pınar OKUYAN - Tarih : 03-02-2012 16:20)

The person under guardianship having discretion and every relevant person, may make complaint to guardianship authority against actions and transactions of guardian. There may be raised objection at audit authority against decisions of guardianship authority within ten days commencing from the day of notification.
(Şerh No: 12993 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-02-2012 14:00)

Lehine ipotek tesis edilen davalı banka tacirdir. Ticaretine ait bütün faaliyetlerinde basiretli bir işadamı gibi hareket etmesi yasa gereğidir (TTK. md. 20/2). Bu gereklilik teminat olarak gösterilen taşınmazın hukuki ve fiili durumunu bilmeyi de içerir. Bunu yapmamışsa özenli davranmamış demektir. Bu bakımdan davalı bankanın basiretli davranmadığı açık olup, iyiniyet iddiası haklı değildir. O halde, aile konutu üzerindeki hakların sınırlanması niteliğindeki ipotek tesisine ilişkin işlemin ipta...
(Şerh No: 12992 - Ekleyen: Av.Ufuk BOZOĞLU - Tarih : 02-02-2012 13:54)

If trustee has been entrusted with administration and supervision of an asset, he or she may only do the tasks required for administration and protection of that asset. Being done of the tasks other than that by trustee, depends upon special power to be given by who being represented, if the person being represented is not in a condition to give that power, permission of guardianship authority.
(Şerh No: 12991 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-02-2012 13:49)

Trustee who has been entrusted with a definite task, is obliged exactly to obey to instruction of guardianship authority.
(Şerh No: 12990 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-02-2012 13:28)

Appointment of a trustee to a person does not affect his or her capacity to act. Provisions concerning legal consultancy are reserved. Duty term and fee of trustee are determined by guardianship authority.
(Şerh No: 12989 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-02-2012 13:24)

Guardian, may request a fee to be given him or her which to be covered from assets of the person under guardianship, in case there is not possibility, from the Treasury. Fee to be paid, is determined by guardianship authority by considering labour which administration necessitated and income of assets being administrated.
(Şerh No: 12988 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-02-2012 13:21)

Guardian, is appointed for two years as a rule. Guardianship authority may extend that term by two years each at every turn. When four years expired, guardian may exercise his or her right to abstain from guardianship.
(Şerh No: 12987 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-02-2012 12:11)

The person under guardianship, administrates and uses the properties left to his or her disposal and goods he or she acquired by working with the permission of guardian freely.
(Şerh No: 12986 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-02-2012 11:52)

Guardian is obliged to manage assets of the person under guardianship with diligence as a good manager. Guardian, is laible to keep account concerning management and submit the account to the examination of guardianship authority at the dates determined by it and once a year in any case. If the person under guardianship has capacity to constitute and explain his or her opinions, he or she is kept available to the extent of possibility on the course of examination of the account by judge.
(Şerh No: 12985 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-02-2012 11:46)

If there has been granted permission to the person under guardianship to perform a profession or craft by guardianship authority, that person is entitled to make all kinds of ordinary transactions related to that and he or she is liable with his or her all assets because of those transactions.
(Şerh No: 12984 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-02-2012 11:43)

In transactions which not have been approved by guardian, any one of parties may reclaim whatever he or she has given. However, the person under guardianship, may only be liable from the enrichment amount which spent for the benefit of him or her or the one existing in his or her assets at the time of reclaiming or from the amount that he or she disposed of unless having good faith. In case the person under guardianship misleaded the other party that he or she has capacity to act, he or she shall be liable from the loss which the other party suffered for this reason.
(Şerh No: 12983 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-02-2012 11:39)

The person under guardianship having discretion, may enter into obligation or renounce from a right through express or tacit permission or subsequent approval of guardian. If transaction made is not approved in a proper time period determined by other party or to be determined by judge upon his or her request, other party is freed from being bound that.
(Şerh No: 12982 - Çeviren: Av.Kadir ORUÇ - Tarih : 02-02-2012 11:26)

If the person under guardianship has capacity to constitute and explain his or her opinions, guardian is liable to take his or her opinion to the extent of possibility before deciding in important matters. Being regarded suitable of the matter by the person under guardianship does not free guardian from responsibility.
(Şerh No: 12978 - Çeviren: Av.Kadir ORUÇ - Tarih : 01-02-2012 17:46)

It is prohibited standing security, forming foundation and making important donations on behalf of the person under guardianship.
(Şerh No: 12977 - Çeviren: Av.Kadir ORUÇ - Tarih : 01-02-2012 17:42)

Provided that provisions concerning powers of guardianship offices are reserved, guardian represents the person under guardianship in his or her all legal transactions.
(Şerh No: 12976 - Çeviren: Av.Kadir ORUÇ - Tarih : 01-02-2012 17:40)

Guardian, is liable to protect ward of court and to be helpful in his or her all personal tasks. In non-delayable cases, guardian may place ward of court into an institution or detain him or her there according to the provisions concerning restriction of freedom for the purpose of protection and notifies the situation to guardianship authority immediately.
(Şerh No: 12975 - Çeviren: Av.Kadir ORUÇ - Tarih : 01-02-2012 17:36)

Guardianship authority upon application of guardian or guardian personally decides in non-delayable cases placement of minor into an institution for the purpose of protection and notifies the situation to guardianship authority immediately. Apart from that, provisions concerning restriction of freedom for the purpose of protection of majors whether they are incapacitated or not in matters related to procedure and territorial jurisdiction. Minor who has not completed sixteen years of age may not apply personally to the court in this regard.
(Şerh No: 12974 - Çeviren: Av.Kadir ORUÇ - Tarih : 01-02-2012 17:25)

If the person under guardianship is minor, guardian is liable to take required measures for caring and education of him or her. Provided that provisions concerning powers of guardianship offices are reserved, guardian has powers of mother and father in this respect.
(Şerh No: 12973 - Çeviren: Av.Kadir ORUÇ - Tarih : 01-02-2012 17:07)

Sale of immovables, is only possible pursuant to instruction of guardianship authority and only in cases where interest of the person under guardianship necessitated. Sale, is made through public auction by a person to be charged for that duty by guardianship authority being guardian available as well and tender becomes completed by approval of guardianship authority; decision concerning approval must be given within ten days commencing from the day of tender. However, audit authority may exceptionally decide sale by bargaining by taking into consideration special situations, quality of immovable or littleness of its value.
(Şerh No: 12972 - Çeviren: Av.Kadir ORUÇ - Tarih : 01-02-2012 17:01)

If there has been a commercial, industrial or similar enterprise in assets of the person under guardianship; guardianship authority shall give required instruction for continuation of being operated or dissolution of them.
(Şerh No: 12971 - Çeviren: Av.Kadir ORUÇ - Tarih : 01-02-2012 16:48)

Being valid of contracts aiming transfer of immovable ownership, depends upon being formally drawn of them up. Testamentary dispositions and contracts of property regimes, are subject to their own specific forms.
(Şerh No: 12968 - Çeviren: Av.Kadir ORUÇ - Tarih : 31-01-2012 16:02)

Kural olarak tapulu taşınmazların resmi memur önünde yapılmayan satışı TMK 706, BK 213 ve Tapu Kanunu'nun 26 maddesi'ne göre geçersiz ise de; Kat Mülkiyeti Kanunu'na tabi olarak yapılmakta olan bağımsız bir bölümü satın alan alıcı bütün borçlarını yerine getirmiş, satın aldığı yeri devralmış ve malik sıfatıyle zilyetliğini sürdürmüş ise, 30.09.1988 gün ve 2/2 Yargıtay İçtihadı Birleştirme Kararına göre böyle bir yerin tapu kaydının iptali ile tesciline karar verilebilir.
(Şerh No: 12967 - Ekleyen: Av.Kadir ORUÇ - Tarih : 31-01-2012 15:55)

The person who has been placed into institution or his or her relatives, may raise objection at audit authority against the decision made within ten days commencing from its notification to them. This right, may also be exercised in case of refusal of request to be discharged from institution.
(Şerh No: 12959 - Çeviren: Av.Kadir ORUÇ - Tarih : 30-01-2012 20:57)

Investments which are not adequately secure, are transformed into secured investments. Transformation transaction must be done at the proper time and by considering interest of the person under guardianship.
(Şerh No: 12966 - Çeviren: Av.Kadir ORUÇ - Tarih : 30-01-2012 10:20)

Money which is not necessary for the person under guardianship or administration of his or her assets, is deposited in order to yield interest into a national bank determined by guardianship authority or transformed into securities issued by the Treasury. Guardian who delays depositing of money more than one month, is obliged to pay for loss of interest.
(Şerh No: 12965 - Çeviren: Av.Kadir ORUÇ - Tarih : 30-01-2012 10:10)

If interest of the person under guardianship necessitates, movables other than valuable articles are sold by public auction pursuant to instruction to be given by guardianship authority. Judge may also decide to sale by bargaining by taking into consideration special situations, quality of movable or littleness of its value. Things having special value for himself or herself or family of the person under guardianship, may not be sold unless there has been indispensability.
(Şerh No: 12964 - Çeviren: Av.Kadir ORUÇ - Tarih : 30-01-2012 10:02)

Negotiable instruments, valuable articles, important documents and the like, are put into a secure place under supervision of guardianship authority if there is no harm in respect to administration of assets.
(Şerh No: 12963 - Çeviren: Av.Kadir ORUÇ - Tarih : 30-01-2012 09:50)

Upon finalization of decision of appointment to guardianship, book of assets to be managed shall be kept by guardian and a person to be assigned by guardianship authority without delay. If the person under guardianship has discretion, he or she shall be kept available when bookkeeping in case there has been found opportunity. In case conditions necessitated, audit authority may decide to be kept official book of assets of the person under guardianship upon request of guardian or guardianship authority. This book, shall give consequences which the official book in inheritance gives towards creditors and shall be kept pursuant to the procedure specified there.
(Şerh No: 12962 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 18:35)

Judge, shall decide according to the simple procedure of trial. Legal assistance shall be provided to the person concerned when necessary. Judge, shall hear the person concerned when deciding.
(Şerh No: 12961 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 18:23)

Restriction of freedom for the purpose of protection, is subject to the Civil Procedure Code, without prejudice to the following rules: 1. When making decision it is obligation to be informed of the person concerned about the reasons of that and warned in written that he or she can raise objection at the audit authority against decision. 2. There shall forthwith be notified in written to a person who has been placed into an institution that he or she can raise objection within at the latest ten days at the audit authority against decision of being detained or refusal of request to be discharged from institution. 3. Every request which necessitates court decision, shall be transmitted to the competent judge without delay. 4. Guardianship authority or judge that made decision of placement may postpone discussion of that request according to features of the situation. 5. There may only be decided after been taken medical board report about the persons having mental illness, mental weakness, alcohol or narcotic drug addiction, infectious disease posing serious hazard. Audit authority may withdraw from that in case guardianship authority applied to expert in earlier time.
(Şerh No: 12960 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 18:19)

In case where an incapacitated person has been placed into an institution or been detained or in case been regarded necessary to be taken other measures in regard to a major person concerning guardianship, the guardianship authority where the person is or those concerned specified by special laws, are obliged to notify the situation to the guardianship authority of residence place.
(Şerh No: 12958 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 17:50)

Power of making decision concerning placement or detainment, belongs to guardianship authority of residence place of who concerned or of the place where he or she is in non-delayable cases. Guardianship authority which decided to placement or detainment, is also authorized to discharge from institution.
(Şerh No: 12957 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 17:40)

Every major person who causes danger for community because of any of reasons such as mental illness, mental weakness, alcohol or narcotic drug addiction, infectious disease posing serious hazard or vagabondism, in case personal protection of him or her could not been provided in any other way, is placed into a suitable institution for his or her education or rehabilitation or may be detained. Public officials who discover existence of any of such reasons while executing their duties, are obliged to notify immediately that circumstance to competent guardianship authority. Difficulty that the person has brought to his or her environment in this matter is also regarded. The person concerned is discharged from institution as soon as his or her condition becomes convenient.
(Şerh No: 12956 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 17:30)

Rules concerning appointment procedure of guardian, shall also be applied in appointment of trustee and legal consultant. Decision concerning appointment of trustee and legal consultant, shall only be published in case guardianship authority regarded necessary.
(Şerh No: 12955 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 17:19)

Trustee of representation, is appointed by the guardianship authority of residence place of the person to whom trustee to be appointed. Trustee of administration, is appointed by the guardianship authority of the place where the large part of assets are being administrated or where the properties that fallen to the share of the person being represented are located.
(Şerh No: 12953 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 17:12)

Even though there has been no adequate reason for his or her interdiction, a legal consultant is appointed in order to be taken his or her opinion in the following matters to a major person whose acting capacity has been regarded necessary to be restricted in respect to his or her protection: 1. Bringing action and reconciliation, 2. Purchase and sale of immovables, being mortgaged of and establishment of some other real right on them, 3. Purchase, sale and giving as security of negotiable instruments, 4. Construction works being out of ordinary administration limits, 5. Lending and borrowing, 6. Receiving capital, 7. Making donation, 8. Commitment of exchange, 9. Standing surety. Administration of assets of a person under the same conditions, may be cancelled provided that his or right to dispose of his or her incomes as he or she wish is reserved.
(Şerh No: 12952 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 17:07)

If there has been any of optional interdiction reasons, there may be appointed a trustee to a major person upon his or her request.
(Şerh No: 12951 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 16:56)

Guardianship authority, takes required measures for goods which their administration does not belong to anybody and appoints a trustee of administration especially in the following circumstances: 1. If a person can not been found for a long time and his or her residence place not known either, 2. Even though there has been no adequate reason to be taken under guardianship, if a person has been devoid of power to manage his or her assets individually or to appoint representative for that, 3. If heirship rights in an estate have not been apparent yet or interests of foetus necessitated, 4. If a legal person has become devoid of required organs and its administration could not been provided in any other way, 5. If managing or spending way of the money and other donations raised from people for charity or for any other work seeking general interest could not been provided.
(Şerh No: 12950 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-01-2012 16:54)

Davacı alacaklı, en yakın mirasçıların tamamının mirası reddettiklerini ileri sürdüğüne göre, iddia incelenip, sonucu uyarınca işlem yapmak gerekirken, Türk Medeni Kanununun 633. maddesindeki sürenin geçtiğinden söz edilerek isteğin reddi doğru bulunmamıştır.
(Şerh No: 12939 - Ekleyen: Av.Barış TİRYAKİ - Tarih : 25-01-2012 15:41)

Guardianship authority, in the circumstances written below or other circumstances specified by the law appoints trustee of representation upon request of the person concerned or ex officio: 1. If a major person, is not in a condition to perform his or her urgent task himself/herself and to appoint a representative because of his or her illness, being at somewhere else or for a similar reason, 2. If interest of legal representative conflicts with interest of minor or incapacitated in a matter, 3. If there is an impediment legal representative to perform his or her duty.
(Şerh No: 12935 - Çeviren: Av.Kadir ORUÇ - Tarih : 25-01-2012 10:12)

When decision of appointment finalized, guardianship authority makes required tasks in order the guardian to start duty.
(Şerh No: 12934 - Çeviren: Av.Kadir ORUÇ - Tarih : 25-01-2012 10:00)

Audit authority, shall notify the decision to make to the person appointed to guardianship and guardianship authority. In case the person appointed to guardianship has been discharged from duty, guardianship authority shall immediately appoint a new guardian.
(Şerh No: 12933 - Çeviren: Av.Kadir ORUÇ - Tarih : 25-01-2012 09:56)

The person appointed to guardianship, even though he or she abstained from guardianship or been raised objection to his or her appointment, he or she is liable to execute the duties belonging to guardian until someone else is appointed in place of him or her.
(Şerh No: 12932 - Çeviren: Av.Kadir ORUÇ - Tarih : 25-01-2012 09:51)

Decision of appointment is forthwith serviced to guardian. Decision concerning interdiction and appointment of guardian, or if interdicted has been left under parental custody, decision concerning that, is published at the residence place of interdicted and the place where his or her birth registered.
(Şerh No: 12930 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-01-2012 13:26)

The person who has been appointed to guardianship, may exercise right of abstention from guardianship within ten days commencing from notification of that situation to him or her. Any relevant person, may claim that the appointment has been against the law within ten days commencing from the day on which he or she discovered appointment of guardian. If guardianship authority, finds ground of abstention from guardianship or of objection proper, appoints a new guardian; if does not find proper, notifies the situation to audit authority to make required decision together with its opinion on that matter.
(Şerh No: 12931 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-01-2012 13:24)

In case guardianship matters necessitated, guardianship authority takes required measures ex officio before appointment of guardian too; especially may cancel acting capacity of the person who has been required to be interdicted provisionally and appoint a representative for him or her. Decision of guardianship authority is published.
(Şerh No: 12929 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-01-2012 13:07)

Guardianship authority, is liable to appoint guardian without delay. When required there may also be decided interdicton of persons who are not major yet; however, decision of interdiction gives result after they become major. Major children who have been interdicted are maintained under parental custody as a rule by not being taken under guardianship.
(Şerh No: 12928 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-01-2012 13:04)

The following persons may not be guardian; 1. Incapacitated persons, 2. Persons barred from public service or persons leading disreputable life, 3. Persons whose interest conflicts significantly with the interest of the person to whom guardian to be appointed or persons who have hostility with him or her, 4. Judges of relevant guardianship offices.
(Şerh No: 12927 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-01-2012 13:00)

The following persons do not have to accept guardianship: 1. Persons who completed age of sixty, 2. Persons who can do that duty with difficulty because of their physical disability or permanent illness, 3. Persons who are parental custodian of more than four children, 4. Persons who hold guardianship duty, 5. The President, members of the Grand National Assembly of Turkey and the Council of Ministers, members of judgeship and prosecutorship profession.
(Şerh No: 12926 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-01-2012 12:56)

The persons appointed to guardianship from whom have been residing at the residence place of the person taken under guardianship, are obliged to accept that duty. There is no obligation to accept guardianship in case been appointed by family council.
(Şerh No: 12925 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-01-2012 12:46)

Unless just causes prevented, the person who has been nominated by the person to be taken under guardianship or his or her mother or father, is appointed to guardianship.
(Şerh No: 12924 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-01-2012 12:42)

Decision of interdiction, is immediately published when finalized at the residence place of incapacitated and the place where his or her birth registered. Interdiction, does not affect third persons having good faith before publication. Provisions concerning consequences of not having discretion are reserved.
(Şerh No: 12922 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 18:15)

A person can not be interdicted without being heard because of his or her squandering, alcohol or narcotic drug addiction, bad life fashion, mismanagement or his or her request. There can only been decided to interdiction upon official medical board report because of mental illness or mental weakness. Judge, before making decision, may hear the person who is required to be interdicted by considering board report.
(Şerh No: 12921 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 18:11)

Every major, may request to be interdicted who proved that he or she could not manage his or her works as required because of his or her old age, disability, inexperience or serious disease.
(Şerh No: 12920 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 18:09)

Every major, who has been sentenced to one year or a longer term of punishment restricting freedom, shall be interdicted. Authority charged with execution of punishment, is liable to notify immediately to the competent guardianship authority that such a convict has started to serve his or her sentence, in order to be appointed a guardian to him or her.
(Şerh No: 12919 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 18:07)

Every major, who causes danger of falling of himself/herself or his/her family into scantiness or poverty since his or her squandering, alcohol or narcotic drug addiction, bad life fashion or mismanagement of assets, and hence is in needs of permanent protection and caring, or who threats other people’s security, shall be interdicted.
(Şerh No: 12918 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 17:57)

Every major, who can not perform his or her works because of mental illness or mental weakness or needs permanent assistance for protection or caring of him or her or puts other people’s security into jeopardy, shall be interdicted. Administrative bodies, notaries and courts who discover a circumstance necessitating to be taken under guardianship while executing their duties, are obliged to notify immediately that circumstance to competent guardianship authority.
(Şerh No: 12917 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 17:55)

Every minor who is not under parental custody, shall be taken under guardianship. Registrars, administrative bodies, notaries and courts who discover such a circumstance necessitating guardianship while executing their duties, are obliged to notify immediately that circumstance to competent guardianship authority.
(Şerh No: 12916 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 17:52)

Guardian, is liable to protect all interests of minor under guardianship or incapacitated concerning his or her personality or assets and to represent him or her in all transactions. Trustee, is appointed to perform specific tasks or manage assets. Provisions of this Code ragarding guardian, shall also be applied about trustee unless otherwise specified.
(Şerh No: 12915 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 17:48)

Unless just causes prevented, guardianship authority appoints to that duty primarily the spouse of the person to be taken under guardianship or one of his or her close relations on condition that they have guardianship requirements. Closeness of residence places and personal relationships are taken into consideration in this appointment.
(Şerh No: 12849 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:38)

In case where family council has not made its duty or interest of the person taken under guardianship necessitated, as well as audit authority may change family council, it may also terminate private guardianship at any time.
(Şerh No: 12871 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:33)

Members of family council, have to give assurance regarding that they will perform their duties as required. Private guardianship may not be formed unless assurance provided.
(Şerh No: 12870 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:29)

Family council, is composed of at least three relations of the person taken under guardianship, who are able to be guardians to be appointed by audit authority for four years. The spouse of who taken under guardianship may also be member to family council.
(Şerh No: 12869 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:27)

Private guardianship, is formed by audit authority upon request of two close relations or a relation and the spouse who have capacity to act of the person taken under guardianship.
(Şerh No: 12868 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:22)

In case interest of the person under guardianship justified, especially an enterprise, a partnership or similar businesses required to be maintained, guardianship may exceptionally be given to a family. In this case authority, duty and responsibility of guardianship authority pass to family council to be formed.
(Şerh No: 12867 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:20)

Public guardianship, is performed by guardianship offices composed of guardianship authority and audit authority. Guardianship authority, is the court of peace; audit authority, is the court of general jurisdiction.
(Şerh No: 12866 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:16)

Guardianship bodies, are guardianship offices, guardians and trustees.
(Şerh No: 12865 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-01-2012 15:09)

 
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