Çeviri  [MK. 158] İngilizce Çeviri

If it is resolved nullity of marriage, the spouse in good faith when getting married preserves his or her personal status that he or she has acquired through that marriage. Provisions regarding divorcement shall apply to dissolution of marital property regime, compensation, alimony and surname between spouses.

 Çeviri  [MK. 155] İngilizce Çeviri

It may not be resolved nullity of a marriage which has been performed before an officer authorized marrying off because of not being obeyed to the other official rules of law.

 Çeviri  [MK. 154] İngilizce Çeviri

Getting married of woman before termination of waiting period, does not necessitate nullity of marriage.

 Çeviri  [MK. 153] İngilizce Çeviri

If minor or ward of court gets married without consent of his or her legal representative, the legal representative whose consent has not been taken may claim annulment of marriage. It may not be resolved annulment of marriage if the person who has gotten married in this way becomes sui juris afterwards by completing age of eighteen years, is excluded from being ward of court or wife becomes pregnant.

 Çeviri  [MK. 151] İngilizce Çeviri

The spouse who has been persuaded for marriage by being intimidated with an imminent and heavy danger aimed at life,health,chastity or honour of him or her or one of his or her kinsmen/kinswomen, may claim annulment of marriage.

 Çeviri  [MK. 175] İngilizce Çeviri

The party to fall into poverty due to divorcement, on condition that his or her fault has not been heavier, may claim poverty alimony indefinitely for his or her subsistance from the other party in proportion to his or her financial power. It is not required the fault of maintenance obligor.

 Çeviri  [MK. 174] İngilizce Çeviri

Faultless or less faulty party whose existing or prospective interests injured due to divorcement, may claim an appropriate material compensation from the party at fault. The party whose personal right assaulted due to facts caused to divorce, may claim to be paid a proper amount of money as spiritual compensation by the other party at fault.

 Çeviri  [MK. 173] İngilizce Çeviri

In case of divorcement, woman maintains her personal status which acquired by getting married; however she regains her surname prior to marriage. If the woman is widowed before getting married, she may request the judge to grant permission her to bear her maiden name. If it is proved that the woman has benefit to use surname of her exhusband and there is no harm for him in doing so, judge grants permission to bear surname of her husband upon her request. The husband, may request removal of that permission in case conditions altered.

 Bilgi  [HMK. 49] Maddenin Anayasa'ya aykırı olduğunu ve iptali gerektiğini düşünmekteyim. Yeni HMK uyarınca dava sorumlu olduğu düşünülen hakime değil,Maliye Hazinesine karşı açılmaktadır. Her gün Türkiye'nin dört bir yanında Maliye Hazinesine karşı farklı hukuki gerekçelerle davalar açılmaktadır.Maliyenin hasım olduğu diğer davalarda para cezası öngörülmemişken,mevzu hakimlerin hukuki sorumluluğu olduğunda para cezası bariyerini vatandaşın önüne dikmek Türkiye'nin tarafı bulunduğu AİHS.md.6 ve 13'ün ihlali a...

 Çeviri  [MK. 172] İngilizce Çeviri

When the period ends, the status of separation terminates spontaneously. If joint life have not been formed again, either of spouses may file petition for divorce. While arranging consequences of divorcement, the facts evidenced in the first case and the circumstances emerged in the course of separation are taken into consideration.

 Çeviri  [MK. 171] İngilizce Çeviri

It may be resolved to separation for a period of one to three years. That period starts to run when decree of separation finalized.

 Çeviri  [MK. 168] İngilizce Çeviri

Competent court in divorce or separation cases is, the court of the residence place of one of spouses or that of the place where they have been resided together for the last six months before the lawsuit.

 Çeviri  [MK. 170] İngilizce Çeviri

If ground of divorce evidenced, judge decides to divorcement or separation. If the lawsuit is related to separation only, it can not resolved to divorcement. If the lawsuit is related to divorcement, it can only be resolved to separation in case there is possibility of formation of joint life again.

 Çeviri  [MK. 169] İngilizce Çeviri

When divorce or separation case filed, judge shall take provisional measures requisite in the course of lawsuit, especially regarding lodging, subsistance of spouses, governing of goods of spouses and care and protection of children, on his or her own initiative.

 Çeviri  [MK. 167] İngilizce Çeviri

The spouse who has right to file petition for divorce, may request either divorcement or separation.

 Çeviri  [MK. 166] İngilizce Çeviri

If union of marriage has been shaken off its foundation on a level that it can not be expected from spouses to keep leading joint life, either of spouses may file petition for divorce. In cases mentioned in the paragraph above, if the fault of plaintiff is heavier, defendant has the right to raise objection to that lawsuit. Nevertheless, if that objection has the characteristics of abuse of a right and if there has not been any use in continuation of union of marriage in respect of defendant and children, it may be decided to divorcement. If marriage has lasted at least one year, in cases where the spouses applied together or one of the spouses accepted the lawsuit of the other, union of marriage is deemed shaken off its foundation. In this case in order to decide to divorcement, it is essential for judge to hear the parties personally and be convinced that their wills have been declared freely and approve the arrangement to be accepted by parties concerning financial consequences of divorce and status of children. Judge, may make any alterations considered necessary in that arrangement regarding interests of parties and children. In case these alterations have been accepted by parties either, it is resolved to divorcement. In this case, the provision concerning admittance of parties is not binding for judge shall not be applied. In case where has been decided rejection of the petition filed for any one of grounds for divorce and elapsed three years commencing from...

 Çeviri  [MK. 165] İngilizce Çeviri

If one of spouses becomes mentally ill and the joint life becomes unbearable for the other for that reason,the other spouse may file a petition for divorce on condition that it has been determined impossiblity of its recovery through an official board of health report.

 Çeviri  [MK. 163] İngilizce Çeviri

If one of spouses commits a humiliating crime or leads a disreputable life and if it can not be expected to live with him or her together from the other spouse due to those reasons, that spouse may file petition for divorce at any time.

 Çeviri  [MK. 162] İngilizce Çeviri

Either of spouses may file a suit for divorce on the grounds of being attemted on his or her life or being treated very ill or been conducted severely degrading treatment to him or her by the other. Right of action of the spouse entitled to file expires by elapsing six months commencing from discovery of the ground for divorce and in any case five years from arising of that ground. Forgiving party shall not have right of action.

 Çeviri  [MK. 161] İngilizce Çeviri

If one of spouses commits adultery,the latter may file a petition for divorce. Right of action of the spouse entitled to file expires by elapsing six months commencing from discovery of the ground for divorce and in any case five years from commitment of adultery act. Forgiving party shall not have right of action.

 Çeviri  [MK. 160] İngilizce Çeviri

In action for nullity of marriage, provisions regarding divorcement shall apply in respect to territorial jurisdiction and trial procedure.

 Çeviri  [MK. 152] İngilizce Çeviri

Right of filing an action for annulment, expires by being elapsed six months 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 getting married.

 Çeviri  [MK. 157] İngilizce Çeviri

Children born from a marriage which has been declared null by court, are deemed born in the marriage even though father and mother have not been in good faith. Provisions regarding divorcement shall apply to relationships between children and parents.

 Çeviri  [MK. 156] İngilizce Çeviri

A void marriage may barely be ceased by decision of judge. Even in the event of absolute nullity, marriage gives the whole consequences of a valid marriage until decision of judge.

 İçtihat  [MK. 1023] Yargıtay 2.HD 2010/9123 E. - 2010/12688 K.

Kararda; aile konutunun satılması için diğer eşin açık rızasının bir koşul olarak arandığına değinerek tapuda aile konutu şerhi olmasa bile iyi niyetli olmayan alıcının iktisabının korunmayacağı belirtilmiştir. Tapu iptali tescil ve aile konutu şerhi konulmasına ilişkin istemlerin kabulüne karar verilmesi gerekliliği yönünde karar alıp hüküm bozulmuştur.

 İçtihat  [KooperatifK. 17] Yargıtay 16. Hukuk Dairesi, Esas: 2008/2925, Karar: 2008/5625

Kooperatif üyeliğinden çıkan kişi, ödediği aidatların iadesini istediğinde; genel kurulda alınan '3 yıllık erteleme' kararı ileri sürülerek açılan icra takibine itiraz edilmiştir. Ancak bu itirazın haklı olabilmesi için, alınan karar, üyenin istifasından sonra alınmış bir karar olmalıdır.

 İçtihat  [TCK. 43] Yargıtay 7. Ceza Dairesi 2010/12041 E. 2011/2181 K.

Kararda, zincirleme suça ilişkin TCK'nun 43. maddesinin uygulanma koşulları irdelenmiştir.

 Çeviri  [TCK. 43] İngilizce Çeviri

Successive Offences (1) Where a person commits the same act more than once against a person at different times in the course of carrying out a decision to commit an offence a single penalty shall be given. However the penalty to be imposed in respect of that offence shall be increased by one quarter to three quarters.The basic version and qualified versions which require higher or lesser penalties of an offence shall be deemed to be one offence.The provisions of this section shall also apply to offences where the victim is not a specifically identifiable person. (2) The provisions of the section one shall apply where an offence has been committed against more than one person through a single act. (3) The provisions of this article shall not apply to intentional homicide, intentional wounding, torture and robbery.

 Ses Dosyası  [HMK. 382] HMK. 382 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 382] HMK. 382 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 382] HMK. 382 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 382] HMK. 382 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 382] HMK. 382 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 382] HMK. 382 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 382] HMK. 382 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 382] HMK. 382 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 382] HMK. 382 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Çeviri  [TCK. 42] İngilizce Çeviri

A compound offence is defined as an offence which is deemed to be a single act because either one act constitutes an element of another act or one act constitutes an aggravation of another act.The aggregation provisions shall not apply to offences of this category.

 Ses Dosyası  [HMK. 340] HMK. 340 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 339] HMK. 339 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 338] HMK. 338 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 337] HMK. 337 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 336] HMK. 336 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 335] HMK. 335 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 334] HMK. 334 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 333] HMK. 333 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 332] HMK. 332 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. 331] HMK. 331 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. Geçici Madde 3] HMK. Geçici Madde 3 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. Geçici Madde 2] HMK. Geçici Madde 2 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 Ses Dosyası  [HMK. Geçici Madde 1] HMK. Geçici Madde 1 Sesli Okuma

Görme engelli meslektaşlarımız için ses dosyası

 İçtihat  [TTK. 1301] Yargıtay 17.Hukuk Dairesi 2010/12686 E. 2011/6144 K.

Kararda, salt alkol kullanımının sigorta şirketine her halükarda rücu imkanı vermeyeceği, kazanın alkol kullanımı ve bu nedenle güvenli sürüş imkanının kaybı nedeniyle meydana gelmiş olduğunun uzman bilirkişi eliyle tesbit ettirilmesi gereği ifade edilmiştir.

 İçtihat  [KiraK. 8] Yargıtay 13.Hukuk Dairesi 2002/91 Esas 2002/7689 Karar

Mahkemenin taraflar arasındaki kira sözleşmesinin sadece sözleşme devam ederken herhangi bir zamanda yapılacak fesih ve erken tahliye ile ilgili 8. maddesindeki kararlaştırılmaya yanlış anlam vererek, davacının davalılara kira süresi dolmadan, 15 günden önce 3.5.2000 tarihli ihtarla kira sözleşmesini yenilemeyeceğini ve mecuru tahliye edeceğini 6570 sayılı yasanın 11. maddesine uygun olarak bildirmesine rağmen, ihbar süresinin sözleşmeye göre 6 ay olduğunu kabul etmesi doğru değildir. Bu ned...

 Çeviri  [TCK. 41] İngilizce Çeviri

Article 41 1-In jointly committed offences only the person who voluntarily abandons the attempt to commit an offence may benefit from the voluntary abandonment provisions. 2-The voluntary abandonment provisions shall apply if ; a-the offence was not committed because of the efforts of the person voluntarily abandoning the commission of the crime and not for any other reason b-the offence was committed and the person who valuntarily abandoned the commission of the crime employed his best efforts to prevent the commission of such crime.

 Çeviri  [TCK. 40] İngilizce Çeviri

Article 40 1-In order to constitute a jointly committed offence it is sufficient that the act is unlawful and committed intentionally.Each person participating in the commission of an offence shall be sentenced according to his unlawful act irrespective of the individual circumstances of another which may prevent the imposition of a penalty. 2-For specific offences only the person possessing the proscribed qualifications required for such offence may be defined as the offender.Other persons who are involved in the commission of these offences shall remain culpable for incitement or assistance. 3-In order to be culpable for a jointly committed offence there must have been at least an attempt to commit the offence.

 Çeviri  [MK. 138] İngilizce Çeviri

Either of persons to get married may apply to court against decision of rejection of marriage officer. Objection is examined on the basis of document scrutiny and resolved definitively. However,actions filed against decisions of rejection relevant to existence of one of grounds for absolute nullity are heared by simple procedure of trial. (AMENDED ARTICLE Law Number:6217 Date:March 31,2011 Article No:31)

 Çeviri  [MK. 135] İngilizce Çeviri

Application, shall be made in written or orally by persons to get married.

 Çeviri  [MK. 118] İngilizce Çeviri

Engagement is constituted by promise of marriage. Engagement does not bind minor or ward of court without consent of their legal representatives.

 Çeviri  [MK. 106] İngilizce Çeviri

It shall be indicated the name of foundation,its purpose,assets and rights allocated to that purpose,form of organisation and administration and place of residence of foundation in foundation voucher.

 Çeviri  [MK. 101] İngilizce Çeviri

Foundations are groups of assets which have legal personality formed by allocating adequate properties and rights to a certain and permanent purpose by natural and legal persons. Assets as a whole or any kind of their incomes which materialised or appeared to be materialised or rights having economic value can be endowed. (REPEALED ARTICLE on June 28,2008,The Constitutional Court; Date:April 17,2008 Docket No:2005/14 Decree No:2008/92 ,Official Gazette No: 26920) Not any association can be formed against characteristics of the Republic determined by the Constitution and basic principles of the Constitution,law,morals,national unity,national interests or on the purpose of supporting any certain race or sect members.

 Çeviri  [MK. 98] İngilizce Çeviri

Associations, in general assembly of federation which they have been subordinate to; federations, in general assembly of confederation which they have been subordinate to; are represented by at least three member of each.Representative members are elected by general assemblies of their relevant associations and federations. Provisions of this Law are applied about other issues concerning federations and confederations.

 Çeviri  [MK. 97] İngilizce Çeviri

Confederations are are formed by coming together to actualize their goals in the capacity of member of at least three federations which have same goal of formation. Each confederation shall have a charter. Confederation acquires legal entity by being submitted declaration of formation, charter and necessary documents to the head civilian authority of the place of residence.

 Çeviri  [MK. 96] İngilizce Çeviri

Federations, are formed by coming together to actualize their goals in the capacity of member of at least five associations which have same goal of formation. Each federation shall have a charter. Federation acquires legal entity by being submitted declaration of formation, charter and necessary documents to the head civilian authority of the place of residence.

 Çeviri  [MK. 95] İngilizce Çeviri

It is obligatory to be in each branch general assembly, governing board and audit committee or auditor. Provisions of this Law are applied about duties and authorities of those organs and other issues regarding branches.

 Çeviri  [MK. 94] İngilizce Çeviri

Associations may open branches at the places where considered necessary by general assembly resolution. Founders’ committee composed of at least three people authorized by governing board for that purpose submits declaration of formation of branch and necessary documents to the head civilian authority of the place where branch is to be opened. (REPEALED ARTICLE: August 07,2003 Official Gazette No: 25192 Act No: 4963/35) Content of declaration of formation of branch and necessary documents are indicated in by-law.

 Çeviri  [MK. 75] İngilizce Çeviri

General assembly is summoned for extraordinary meeting by governing board;in cases regarded necessary by governing board or audit committee or upon written application of one fifth of members of association. If governing body does not summon general assembly for meeting;upon written application of one of members, judge of court of peace charges three members to summon general assembly for meeting.

 Çeviri  [MK. 78] İngilizce Çeviri

General assembly meetings are held where central office of association is located unless otherwise is provided in charter. General assembly is gathered by absolute majority of members having right of participation,in case of charter alteration or dissolution of association, by participation of two thirds majority; it is not required majority in the second meeting in case of postponement of meeting because of not being gained majority. But number of members participated that meeting shall not be fewer than two times whole number of governing board and audit committee members. General assembly meeting shall not be postponed more than once.

 Çeviri  [MK. 79] İngilizce Çeviri

After inaugural of general assembly meeting,a chairman,deputy chairman and clerk in adequate number are elected to conduct the meeting. In general assembly meeting,items of the agenda are discussed only.But it is obligatory to put the agenda the issues requested to be discussed in written by at least one tenth of participating members in meeting. (REPEALED ARTICLE on November 23,2004 Official Gazette No: 25649 Act No: 5253/38)

 Çeviri  [MK. 80] İngilizce Çeviri

General assembly,makes final decision about admittance to or dismissal from membership;elects association organs and performs tasks which have not been given to any other organ of the association. General assembly inspects other organs of the association and discharge them any time for just causes.

 Çeviri  [MK. 89] İngilizce Çeviri

If goal of association becomes contrary to law and morals, court decides dissolution of association upon request of Public prosecutor or any relevant person.Court shall take all necessary measures including suspension from activity during course of trial.

 Çeviri  [MK. 90] İngilizce Çeviri

Associations are engaged in activities in line with the topics and fashions designated in their charters for actualizing their goals. Provisions of special law having the quality of public law about activities which have been prohibited or entailing permission are reserved. In the event of violation of prohibitions or limitations regarding activities of association,it may be decided suspension from activities upon request of Public prosecutor by court.

 Çeviri  [MK. 70] İngilizce Çeviri

Obligation of paying membership fee is regulated in charter.If there is not any regulation in charter, members share equally indispensable fees to actualize goal of association and recompense debts. Member who has withdrawn or has been dismissed from the association, has to pay fee of his or her membership duration. Honorary members do not have to pay membership fee.

 Çeviri  [MK. 72] İngilizce Çeviri

Compulsory organs of association are general assembly,governing board and audit committee. Associations can also constitute other organs besides compulsary organs.But duties,authorities and responsibilities of compulsory organs shall not be transfered to those organs.

 Çeviri  [MK. 145] İngilizce Çeviri

In the following circumstances the marriage is void by absolute nullity; 1.Being married of one of spouses at the time of marriage, 2.Being deprived of capacity of discretion of one of spouses for a permanent cause at the time of marriage, 3.Having a mental illness of one of spouses on a level to be impediment for marriage, 4.Being a kinship between spouses on a degree to be impediment for marriage.

 Çeviri  [MK. 69] İngilizce Çeviri

Every member shall have one voting right in general assembly;member, must cast his or her vote in person. Honorary members have no voting right.

 Çeviri  [MK. 68] İngilizce Çeviri

Members of association have equal rights.Association,shall not pay any regard to language,race,colour,sex,religion and sect,family,group and class difference among its members;shall not perform any application violating equity or bestowing privilege upon some members for those reasons. Every member has right to join to activities and governing of the association. Member who has withdrawn or been dismissed from the association shall not claim right in assets of the association.

 Çeviri  [MK. 66] İngilizce Çeviri

No any person can be forced to stay member in association. Every member has right to withdraw from association on condition that notifying in written prior to six months.

 Çeviri  [MK. 64] İngilizce Çeviri

Any natural person having capacity to act (APPENDED PHRASE on August 7,2003 Official Gazette No:25192 Act No:4963/32) and legal persons have right to be member to associations. Membership application which will be in written form (REPEALED PHRASE on November 23,2004 Official Gazette No:25649 Act No:5253/38) is resolved in utmost thirty days by governing body of the association and the result is notified the applicant in written. The member whose application has been accepted is recorded to the book which is kept for this purpose.

 Çeviri  [MK. 63] İngilizce Çeviri

No any person can be forced to be member to an association, and no any association can be forced to accept member either.

 Çeviri  [MK. 60] İngilizce Çeviri

Verification of the documents and declaration of formation and charter of association are examined by the head civilian authority on basis of file scrutiny in sixty days. It is immediately required to be corrected or completed from the founders,in case detected any unlawfulness or deficiency in declaration of formation, charter or legal status of founders.If stated deficiency is not completed or unlawfulness not corrected within thirty days commencing from the day of notification of that request,the head of civilian authority informs Public prosecution office to bring an action before authorized civil court of first instance regarding dissolution of the association.Public prosecutor may also plead the court to decide suspension of activities of the association. If not found any unlawfulness or deficiency in the declaration of formation, charter and documents or such unlawfulness or deficiency is corrected in a certain time; the fact is immediately notified to the association in written and the association is recorded to the registry of associations.

 Çeviri  [MK. 59] İngilizce Çeviri

Associations acquire legal personality at the time they submit declaration of formation,charter of association and other required documents to the head civilian authority where their places of residence are located. Content of declaration of formation and what required documents made up of are indicated in by-laws.

 Çeviri  [MK. 58] İngilizce Çeviri

Every association shall have a charter. It is obligatory to be indicated name of association,purpose,sources of income,conditions of membership,organs,organisation and provisional governing board in charter of association. Charter of association can not be against imperative provisions of law. Provisions of law are executed in issues which are not regulated in charter of association.

 Çeviri  [MK. 57] İngilizce Çeviri

Everyone has the right to form association without prior permission. Founders of association must have capacity to act.

 Çeviri  [MK. 56] İngilizce Çeviri

(As amended on August 7,2003 Official Gazette No:25192 Act No:4963/31) Associations are group of people having legal personality which have been constituted by at least seven natural or legal persons uniting their knowledge and labour permanently in order to actualize a certain and joint purpose except profit sharing. There can not be formed associations for purposes against law and morals.

 Çeviri  [MK. 54] İngilizce Çeviri

Assets of legal person pass to public institutions and organizations pursuing closest goal unless any other provision exists in law or certificate of formation or resolved differently by the authorized body of legal person. These assets are used in line with their priorly allocated purpose as much as possible. Assets of legal person which its personality has been terminated through a court decision since it pursued a goal against law and morals,pass to relevant public organization in any case.

 Çeviri  [MK. 53] İngilizce Çeviri

Dissolution of assets of legal person is executed according to provisions related to formal dissolution of heritage unless any other provision exists in law and in its certificate of formation.

 Çeviri  [MK. 52] İngilizce Çeviri

Personality of a terminated legal person continues during dissolution as well,on condition that its capacity is limited with the purpose of dissolution.

 İçtihat  [TerörleMK. 7] Yargıtay Ceza Genel Kurulu 2011/9-18 E.N , 2011/27 K.N

Sanığa atılı suçun yapılan yargılamasında verilen mahkumiyet hükmünü onayan özel daire ilamına karşı, Yargıtay Cumhuriyet Başsavcılığının itirazı üzerine Yargıtay CGK.'ca yapılan incelemede, itirazın kabulü ile onama kararının kaldırılmasına ve yerel mahkeme hükmünün bozulmasına karar verildiği görülmektedir. CGK. kararında ceza yargılamasının maddi gerçeğe ulaşma amacına, hükmün eksik incelemeyle verildiğine, hükme esas alınan bilirkişi raporunun yetersiz ve denetlemeye elverişli olmadığına,...

 Çeviri  [MK. 49] İngilizce Çeviri

Legal persons acquire capacity to act by having organs required by law and their respective certificate of formation.

 Çeviri  [MK. 48] İngilizce Çeviri

Legal persons, are qualified to have all rights and obligations except ones which bound to human-specific features by nature like gender,age or kinship.

 Çeviri  [MK. 47] İngilizce Çeviri

Organised groups of persons which have individual identity apart and independent groups of assets which allocated to a certain purpose acquire legal personality in accordance with their relevant special provisions. Groups of persons and assets can not acquire legal personality in case their purposes are against law and morals.

 Çeviri  [MK. 46] İngilizce Çeviri

Compulsory alterations due to determination of being untrue of any notification taken as basis to registration,being ascertained identity of a corpse which its identity is unknown or annulment of a declaration of presumed death are performed by being written to the remarks column of the registry of relevant person.

 Çeviri  [MK. 41] İngilizce Çeviri

Notifications regarding births and procedures about found children whose identities are unknown are performed according to provisions of relevant law.

 Çeviri  [MK. 40] İngilizce Çeviri

Any person who wants to alter his or her sex, he or she may invoke to be given permission for alteration of gender by applying to court in person.But the applicant must be completed age of eighteen years and unmarried,besides in transsexual nature and must documentate indispensability of gender alteration in respect to his or her mental health and his or her permanently infertility through a report of a board of health provided from a medical education and research hospital. In case of confirmation through an official board of health report that a gender alteration surgery has been materialized conveniently to the medical purpose and procedure in parallel with given permission,it may be decided to be done required correction in civil status registers by the court.

 Çeviri  [MK. 39] İngilizce Çeviri

Unless court decision,no any correction can be made in records of personal status registry.

 Çeviri  [MK. 37] İngilizce Çeviri

Personal status registry is kept by the officials appointed by the State.It is duty of these officials to keep registry records and give copies. It can be vested register officership authority to the representatives of Turkey in foreign countries with the proposal of the Ministry of Foreign Affairs,participation of the Ministry of Internal Affairs and approval of the Prime Ministry.

 Çeviri  [MK. 36] İngilizce Çeviri

Personal status is determined by the official registry issued for this purpose. Principles about keeping those registries and making obligatory notifications are prescribed by related law.

 Çeviri  [MK. 35] İngilizce Çeviri

If no any result is obtained from the announcement,the court declares absence and the rights relied on death may exactly be used as if the death of absent has been proved. Declaration of absence is valid commencing from the day on which peril of death actualised or last information has been received.

 Çeviri  [MK. 34] İngilizce Çeviri

If the person who will be declared absent appears or it is heard of him or her before the expiry of the announcement period or the date of his or her death is determined, the claim for absence becomes void.

 Çeviri  [MK. 33] İngilizce Çeviri

In order to claim declaration of absence,it is necessary to be elapsed at least one year from the peril of death and five years from the last information date. The court, summons the people who have information about the person who will be declared absent, to give information within a certain time by a duly made announcement. This period shall be at least six months commencing from the day on which the last public announcement has been made.