T.C SUPREME COURT 2.Legal Department Base: 2010/ 11536 Decision: 2011 / 16936 Decision Date: 28.11.2014
THE DECISION OF THE SUPREME COURT
COURT : Aydin Family court
NUMBER : Basis no:2010/70 Decision no:2010/585
Made between the parties of the case at the end of the code number given by the Local Court and above the provision of the requested inspection by enforcement murafaa temyizen date shown, but a hearing on the plaintiff appeals the trial day 25.10.2011 been determined for who they are… C… K… P… M and the other party is the defendant. After the conversation of those who came was listened to, it was deemed appropriate to leave it until after the hearing for the work to be examined and decided. Today, all the papers in the file have been read and discussed as necessary.
316 of the Turkish Civil Code, in which the (plaintiff) who wants to adopt from the collected evidence and the (defendant) who wants to be adopted have lived together since 1995, and the plaintiff has looked after, supervised and trained the defendant since the same date. in accordance to research and the expert’s report; the adoption of the plaintiff that the defendant is reported to be one of the available conditions, thus 5399 various 313 of the Turkish Civil Code Law. it is understood that the conditions for the adoption of an adult person in the article have been fulfilled. For these reasons, it is necessary to decide on the acceptance of the case by the court; the decision to reject it in writing was incorrect and required a violation.
CONCLUSION: It was unanimously decided that the appealed provision should be OVERTURNED for the reasons described above, the appeal advance fee should be returned to the depositor, within 15 days from the notification of this decision, the way to correct the decision will be open.25.10.2011 (Tuesday)