Çeviri  [MK. 395] İngilizce Çeviri

The owner may put an end to homestead in his or her lifetime. For that, the owner applies to the court by a petition to make the record on land register deleted; this request is published by the court. In case no any objection is raised within two months commencing from publication date or unjustness of the objection made is appearad, the court grants permission to be deleted the record on land register.

 Çeviri  [MK. 413] İngilizce Çeviri

Guardianship authority, appoints a major having ability to perform that duty as guardian. In necessary circumstances, there may be appointed more than one guardian to perform that duty together or separately pursuant to their powers determined by guardianship authority. More than one person may not be appointed to perform guardianship together without their consents.

 Çeviri  [MK. 394] İngilizce Çeviri

Being able to continue of homestead after death of the owner depends upon being made of a testamentary disposition regarding transfer of immovable to legal heirs as home. If there is not such a disposition, annotation concerning home on land register is deleted when the owner dies.

 Çeviri  [MK. 393] İngilizce Çeviri

If the owner falls into insolvency to pay his or her debts, an administrator is appointed by the court in order to manage homestead. Administrator, manages homestead properly to its object and interests of creditors. Creditors, receive their rights according to the date on the proof of insolvency and the sequence in bankruptcy.

 Çeviri  [MK. 389] İngilizce Çeviri

If necessary requirements exist in the immovable to be transformed into homestead and third persons do not raise objection to formation of home or it is appeared that the objection has been unjust, the court grants permission to formation. Unless proved that concerns of the creditors who raised objection in due of time have ceased or mortgages and attachments on immovable have been cancelled, there can not be given permission to formation of homestead. Even though the debt has been bound to due date in favour of objector or pledgee-creditor, the debtor who wants to form homestead may make immediate payment.

 Çeviri  [MK. 385] İngilizce Çeviri

In case the partner who assumed operation and representation has not run properties as required or not fulfilled his or her obligations, the partners have rights to request annulment of the partnership. Upon request based on just cause of one of partners, judge may decide that partner to participate to administration or benefiting from partnership properties together with the partner who assumed operation and representation by considering partitioning rules in inheritence. Rules concerning partnership which the partners have operated jointly, are also applied in earnings shared partnerhip of family properties.

 Çeviri  [MK. 382] İngilizce Çeviri

In case one of partners dies, his or her legal heirs who are not included in the partnership, may request to be paid them consideration of the share come to the deceased partner only. If the deceased partner has left his or her descendants as legal heirs, those may enter into partnership in place of him or her by consent of the other partners.

 Çeviri  [MK. 381] İngilizce Çeviri

If one of partners notifies termination or goes bankruptcy or being requested sale of attached share of a partner, other partners, may keep up partnership in between by paying rights of leaving partner or his or her creditors. Spouse gotten married, may request his or her right in the partnership to be paid him or her without the need of notification of termination.

 Çeviri  [MK. 380] İngilizce Çeviri

The partnership terminates in the following circumstances; 1. By agreement of all partners or notification of termination, 2. By expiration of time period in case partnership term has not been extended expressly or tacitly. 3. By being attached of share of one of partners and being requested its sale, 4. By bankruptcy of one of partners, 5. By request based on just cause of one of partners.

 Çeviri  [MK. 392] İngilizce Çeviri

There may be decided by the court the owner to accept his or her ascendants, descendants and brothers and sisters who are in need to be taken into homestead because of their poverty and who do not have preventive conditions to be accepted.

 Çeviri  [MK. 391] İngilizce Çeviri

Immovables tansformed into homestead may not be transferred, put in pledge or leased. There can not be applied compulsory execution about homestesad and its annexes, provided that administration condition through the court itself is reserved.

 Çeviri  [MK. 390] İngilizce Çeviri

Transformation of an immovable into homestead, may barely be possible by making put annotation of the court decision concerning permission onto land register of that immovable; that subject is published by the court.

 Çeviri  [MK. 388] İngilizce Çeviri

Creditors and persons whose rights can probably injure because of formation of homestead, are called to notify their objections within two months through publication made by the court prior to formation. Situation, is additionally notified to the persons whose credits secured by mortgage and to the attached creditors.

 Çeviri  [MK. 387] İngilizce Çeviri

Magnitude of immovables to be transformed into homestead, regardless of mortgage rights and other properties of the owner, may not be more than the size that suffice ordinary subsistance and sheltering of a family. Unless adopted a temporary exception by the court by being based on just causes, it is obligation for the owner to run the immovable or the facility located on it himself/herself or to dwell in the residence.

 Çeviri  [MK. 412] İngilizce Çeviri

The person under guardianship may not change his or her residence place without permission of guardianship authority. In case residence place has changed, territorial jurisdiction passes to new guardianship offices. In this case interdiction is published in new residence place.

 Çeviri  [MK. 411] İngilizce Çeviri

Territorial jurisdiction in guardianship matters belongs to the guardianship offices where residence place of minor or incapacitated situated.

 Çeviri  [MK. 386] İngilizce Çeviri

Residences, immovables suitable for agriculture or industry, may be transformed into homestead together with their annexes.

 Çeviri  [MK. 384] İngilizce Çeviri

Partners, by a contract made in between, may leave representation or operation of the partnership someone from between on condition that to be given a certain share from annual earnings to them. If this share has not been determined by contract, it is determined justly by taking into consideration average amount of earnings of partnership properties of a long term to the reasonable extent and labour of operating partner and expense that he or she made.

 Çeviri  [MK. 383] İngilizce Çeviri

Partitioning of partnership properties or calculation of leaving partner’s share, is made according to the value and status of partnership properties at the time of partitioning or leaving. Partitioning or settlement of account may not be requested at an improper time.

 Çeviri  [MK. 379] İngilizce Çeviri

Partners, are co-owners of the properties included in the partnership. Partners, are liable from debts of the partnership succesively. Properties of partners that they have left out of the partnership and unless otherwise agreed, properties that they acquired during continuation of the partnership through inheritence or acquisition without consideration in any way, are personal properties of them.

 Çeviri  [MK. 378] İngilizce Çeviri

Partners, may appoint someone from between as administrator to partnership. Administrator, manages the partnership and represents it in transactions regarding partnership. Unless there has been recorded to commercial register who will represent the partnership, there can not be claimed towards third persons having good faith that other partners have no power of representation.

 Çeviri  [MK. 377] İngilizce Çeviri

Family properties partnership, is managed jointly by all partners. Any one of the partners, may perform ordinary management tasks without participation of the other partners.

 Çeviri  [MK. 376] İngilizce Çeviri

Family properties partnership, unites partners on the purpose of performing economic activity jointly. Unless otherwise agreed, each one of the partners has equal right. Partners, as well as they can not request their shares, they can not make acts of disposal over those shares of them either as long as the partnership continues.

 Çeviri  [MK. 375] İngilizce Çeviri

Family properties partnership, may be formed for determined or undetermined period of time. In case time period has not been determined, any one of partners may withdraw from partnership on condition that notified prior to six months. That notification, in a partnership concerning agricultural enterprise, is only valid for close of natural harvest season according to the place where crops grow.

 Çeviri  [MK. 374] İngilizce Çeviri

It is essential that the contract of family properties partnership to be in official form and to bear signatures of all partners or their representatives.

 Çeviri  [MK. 373] İngilizce Çeviri

Relatives, may establish family properties partnership in between by the whole or a proportion of the heritage passed to them or by setting forth other properties.

 İçtihat  [MK. 716] Yargıtay 14. Hukuk Dairesi, Esas: 2010/13134, Karar: 2011/6454

Taraflar arasındaki satış vaadi sözleşmesi, biçimine uygun düzenlenmiştir ve sözleşmede, sözleşme bedelinin tamamen ve def'aten ödendiği de yazılıdır; böylece sözleşme, tarafları arasında hüküm ve sonuçlarını doğurur ve vaad alacaklısı hükmen tescil talep hakkını haizdir. Dosyaya sunulan Fon Kurulu ve İdare Mahkemesi kararları dava konusu taşınmaz satış vaadi sözleşmesine ilişkin tasarrufun sadece TMSF yönünden geçersizliğine ilişkindir. Satış vaadi sözleşmesi, bir taahhüt işlemi olarak tara...

 Çeviri  [MK. 372] İngilizce Çeviri

Family foundation may be formed pursuant to statutes of law of persons and law of inheritence in order to be made expenses which education and training, being equipped and supported of family members or objects similar to them required. It is prohibited allocation of a property or right in such a way that not to pass to other people and be inherited from generation to generation by the people descending from the same line. Such an allocation, may not be made by way of formation of foundation either.

 Çeviri  [MK. 371] İngilizce Çeviri

Descendant, may request that price in case the debtor dies. The creditor, may also request that receivable of him or her while the debtor is alive in case of termination of joint life or handover of enterprise, or being executive proceeding against him or her or of his or her bunkruptcy. That receivable does not become time barred. But it can be claimed at the latest until the moment of distribution of the debtor's estate.

 Çeviri  [MK. 370] İngilizce Çeviri

Major descendants living with mother or father or grand mother and grand father and allocated their labours or incomes to family, may request a proper price in return for that. In case of dispute, judge makes decision about amount of price, being secured and form of payment of it.

 Çeviri  [MK. 369] İngilizce Çeviri

Head of home, is liable from harms caused by minor, incapacitated, person who has mental illness or mental weakness from household unless proved that he or she has kept close watch on him or her with attention as usual cases and conditions necessitated or even though he or she had shown this attention and care, he or she could not have prevented harm to arise. Head of home, is liable to take measures necessary in order the persons from household having mental illness or mental weakness not to make themselves or other people fallen into danger or harm. In case of necessity he or she request from competent authority to be taken required measures.

 İçtihat  [MK. 174] Yargıtay Hukuk Genel Kurulu 2008/2-83 Esas 2008/97 Karar

Eşit kusur halinde maddi ve manevi tazminat isteklerinin reddi gerekir.

 İçtihat  [MK. 174] Yargıtay Hukuk Genel Kurulu 2010 / 2-674 Esas 2010/650 Karar

Tarafların yedi ay birlikte yaşadıkları halde aralarında cinsel birleşmenin gerçekleşmediği, davacının halen bakire olduğu hususları dosya kapsamıyla sabittir. Taraflar hakkında düzenlenen hastane sağlık kurulu raporlarında, cinsel ilişki kurmaya engel oluşturacak fiziki, anatomik ve psikolojik bir durumun saptanamadığı belirtilmiştir. Davalının 02.04.2008 tarihli oturumdaki açıklamaları, tanık ifadeleri ve diğer kanıtlar birlikte değerlendirildiğinde, fiziki ve psikolojik herhangi bir sorunu bu...

 Çeviri  [MK. 368] İngilizce Çeviri

Persons living together are subject to home order. Benefit of each one of household is considered fairly in formation of this order. Each one of household, enjoys from freedom essential especially for his or her education and training, religious believes and profession and craft. Head of home, is liable for protection and keeping under security carefully household goods of the persons living together.

 Çeviri  [MK. 367] İngilizce Çeviri

If there has been a head of home, who has been determined according to the law, contract or custom, of a community constituted by more than one person living together as a family, power to manage home belongs to him or her. Power to manage home, contains all the people living together as household because of blood or marriage affinity, workmanship or apprenticeship or similar reasons or in protection or supervison relationship.

 Çeviri  [MK. 366] İngilizce Çeviri

Caring of persons in need of protection, is provided by institutions responsible from that. These institutions, may claim expenses which they made from relatives who are maintenance debtors.

 Çeviri  [MK. 365] İngilizce Çeviri

Action for maintenance, is instituted by considering the sequence in heirship. Action, is made up of a request of help essential for subsistence of the plaintiff and appropriate to financial power of the opposite party. If request of maintenance from one or a few of debtors is against equity, judge may diminish or cancel their obligations of maintenance. Action, may also be instituted by official institutions or those having public interest which have been caring the maintenance creditor. Judge, upon request, may adjudicate in what amount to be paid of maintenance which has been decided its payment as annuities in the following years according to social and economic conditions of parties. Competent court, is the residence place of any of parties.

 Çeviri  [MK. 364] İngilizce Çeviri

Every person is obliged to maintain his or her ascendants and descendants and brothers and sisters who will fall into poverty in case he or she does not give help. Maintenance obligations of brothers and sisters, depend upon being in prosperity of them. Provisions concerning maintenance liabilities of spouse and mother and father are reserved.

 Çeviri  [MK. 363] İngilizce Çeviri

Mother and father, are liable as representatives in returning of child properties. They are liable to return consideration which they received only in place of the properties that transferred to the other person in accordance with the principle of good faith. They shall not be liable for compensation since they made expenses for child and family in accordance with law.

 Çeviri  [MK. 362] İngilizce Çeviri

Mother and father, when their parental costody or rights of management terminated, shall transfer properties of child together with their account to major child, his or her guardian or trustee.

 Çeviri  [MK. 361] İngilizce Çeviri

If falling of properties of child into danger can not be prevented by any other way, judge may decide the management to be transferred to a trustee. In case where properties of child out of management of mother and father have fallen into danger, judge may adjudicate to be taken the same measures. If there has been suspected in spending of incomes of child properties or certain quantities set aside from those properties in accordance with the law, judge may leave management of them also to a trustee.

 Çeviri  [MK. 360] İngilizce Çeviri

If mother and father, do not show due diligence in management of child properties for whatever the reason is, judge takes proper measures for protection of properties. Judge, may give instructions especially in regard to management of properties; if he or she does not find information and account given at certain times adequate, he or she may decide the properties to be entrusted or to be provided assurance.

 Çeviri  [MK. 359] İngilizce Çeviri

Management of the proportion given to the child by mother and father from his or her own property for dealing in a profession or craft or that of his or her personal gains and right of benefit from them belong to the child. In case that the child has lived with his or her mother and father together at home, mother and father may request him or her to make a proper contribution for his or her caring.

 Çeviri  [MK. 358] İngilizce Çeviri

Reserved portion of the child may be excluded from management of mother and father through testamentary disposition. In case testator has granted management to a third person, he or she may stipulate in his or her disposition that person to give account at certain times to the judge of peace.

 Çeviri  [MK. 357] İngilizce Çeviri

Mother and father, may not spend for their own benefits revenues of gains made in favour of children on the purpose of opening investment or saving account that yields interest or which provided expressly that not to be used by mother and father. Unless the person who making gained provided expressly otherwise during making disposition, mother and father have right of management over them.

 Çeviri  [MK. 356] İngilizce Çeviri

To the extent that ordinary needs necessitated, payments as capital, compensations or similar deeds may partially be used for caring of the child. If there has been necessity for caring, growing or education of child, judge may grant power to mother and father to apply other properties of child also in amounts which he or she determined.

 Çeviri  [MK. 355] İngilizce Çeviri

Mother and father, may spend incomes of child properties primarily for caring, growing, and education of the child; to cover family needs to the extent that suited to equity as well. Income surplus, is added to child properties.

 Çeviri  [MK. 199] İngilizce Çeviri

To the extent that protection of economical entity of family or fulfilling of a financial obligation arising from union of marriage necessitated, judge may decide upon request of one of spouses that dispositions regarding asset values which to be determined by him or her to be made with his or her consent only. Judge takes necessary measures in this case. If judge cancels power of disposition over real estate of one of spouses, decides to put annotation to real estate registers on his or her own initiative.

 Çeviri  [MK. 194] İngilizce Çeviri

Any of spouses, may not cancel contract of rent ragarding family home, transfer family home, restrict the rights over family home unless being explicit consent of the other. The spouse who could not provide consent or not have been given himself/herself consent without a just cause, may request intervention of judge. The spouse who does not possess real property which has been allocated as family home, may request to put necessary annotation to real estate registers concerning home. If family home has been provided through renting by one of spouses, the spouse who has not been counterparty of contract, becomes party of the contract by written notification made to renter and the spouse who made notification becomes successively liable with the other.

 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.

 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.

 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.

 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.

 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.

 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.