T.C THE SUPREME COURT
18. Law Department
Base No:2016/5008
Decision No :2016/7757
Date of Decision : 12.05.2016
COURT: Magistrate’s Court
In the petition for the lawsuit, the daughter, who is under guardianship, has her own last name….as
it has been requested to be replaced. The court decided to accept the case, the verdict was given by the defendant …
it has been appealed.
After it is understood that the appeal request is within the time limit, all the papers in the file are read and required
thought:
The plaintiff … in the petition for the lawsuit, the name of the daughter who is under custody due to divorce … has her own surname
which is…. he requested to be changed to, and the court decided to accept the case.
As a result of the divorce, custody of the mother’s child is left to her by her own surname
it is related to the prompt to be changed. Custody provisions of the Turkish Civil Code in a concrete case
since it will be applied and in accordance with the case law adopted by the General Assembly of the Law (HGK.dated 18.11.2015
and ….4 of the Law No. 4 on the Establishment, Duty and Procedures of Family Courts. the substance
according to it, it should be considered and concluded in the Family Court, while in the Magistrate’s court
it has not been found to be correct to see and conclude.
As of this moment, it is invalid to rule in writing without taking into account the principles described above,
since the appeals are in place for these reasons, other aspects of the acceptance are currently being examined
your judgment is HUMK.nun 428.according to article 12.05.2016, a unanimous decision on the DETERIORATION of
it was given.
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