Although the death of a person is not considered with certainty, the legal termination of his personality by the court with the passing of certain periods of time of those who have been looked at with a possible eye and whose body has not been found is called disappearance .
According to the Turkish Civil Code, the conditions for a disappearance decision arise in two ways:
a-his death is lost in possible danger; at the request of persons related to the passing of 1 year from the date of the disappearance of this person, the court in question makes a decision on disappearance .
b-failure to receive news for a long time; in this case, 5 years from the date of receipt of the latest news from the person, at the request of the person concerned, a decision is made by the court in question.
According to the 32nd of The Turkish Civil Code; “if there is a strong possibility of the death of a person who has been lost in danger of death or has not been heard from for a long time, the court may decide on the disappearance of that person upon the application of those whose rights are related to that death. A competent court is the last settlement of a person in Turkey; if he has never settled in Turkey, the place where he is registered in the population register; if there is no such register, the place where his mother or father is registered is the court.” is called.
Accordingly, the court responsible for the decision of disappearance is the “magistrate’s Court”. The competent court is the last place of settlement of the person in Turkey; if he has never settled in Turkey, the place where he is registered in the population register; if there is no such record, the place where his mother or father is registered is the court.
After the realization of the conditions necessary for a decision on disappearance, the court will make a decision on the application of the interested parties (persons whose rights depend on the decision on disappearance, heirs, creditors of wills, if these persons do not exist) to the competent and competent court.
The purpose of the announced decision is for the person to be made or those who know about it to reach the court for the purpose of rest. After the announcement decision is made, the court will evaluate a waiting period of not less than 6 months for the person or those who have information about it to give information. If the person who will be given a mistrial has not appeared, he has not been informed, and the date of his death has not been determined, the court will make a mistrial. Otherwise, the request for disappearance will be dropped.
The assets subject to inheritance are handed over to the heirs for a certain period of time and in exchange for collateral. The guarantee given by the heirs is limited to a certain period of time:
-5 years from the delivery of inherited goods in case of loss in danger of death,
-In case of failure to hear from him, the heirs of the person who will be made a decision on disappearance, limited to 15 years from the date of receipt of the last News, must show assurance.
If a loss occurs during these periods, the heirs will return to the loss the share that was distributed to them. If a failure does not occur during these periods, or in the meantime, if a failure reaches the age of 100, the guarantees given in this regard will end; the heirs are considered to have decisively acquired the inheritance shared with him from Terek.
At the same time, the decision to leave does not end the marriage on its own. The spouse of the person who has been given a wrongful decision will be able to apply to the court and ask for the annulment of the marriage for this reason. Disappeared person’s wife appears to be married in terms of marital status, and this marriage must be terminated by court order. The court in charge of this issue is the courts of First Instance.