Law of Persons

A child that is conceived in the womb is called a fetus. If there is a fetus among the heirs, the division of the inheritance is postponed until his birth. But if he is born dead, he cannot be an heir. A paternity suit can be filed for the fetus before it is even born. The fetal child is recognizable. A contract can be made in favor of the fetus.

Every child born alive must be reported to the civil registry office within thirty days in Turkey and to the foreign representative office within sixty days abroad.

Real personality ends in two states:

Death: Personality ends with death, personal rights and personal rights of that person disappear. The property rights pass to the heirs as a whole. The death event must be reported to the population directorate within ten days.
Presumption of Death: A person who disappears with certainty of death and whose body cannot be found is considered dead. The death record of this person may be reduced to the relevant place of the population register by the order of the highest civilian authority of the locality. There is no need to pass a certain minimum period for the death record to be reduced. The person is considered dead from the date of the event. There is no need for a court order in the case of presumption of death. But if desired, a decision can also be taken. If the person who is under the presumption of death is married, the marriage will automatically end.

– Presumption of joint death: If it cannot be determined which of more than one person died before and after, all of them are considered dead at the same time. These persons cannot be the heirs of each other. For the presumption of joint death to be applied, the deaths do not have to be in the same event.

-Gaiplik: A person’s absence can be decided in two ways

a) A person who is lost in a danger whose death may seem very unlikely.
b) A person who has not been heard from for a long time

Legal Entities:

They are groups of persons and goods that are organized as an independent entity to achieve a specific purpose. According to their structures, legal entities are divided into individuals (associations, companies, special provincial administrations, municipalities, villages) and property groups (foundations, public institutions).

Lawsuits and Affairs Covered by Persons Law:

The Case of Absence: It is regulated between the 32nd and 35th articles of the TMK.
Name and Surname Change Case: TMK. In Article 27, “The change of name can only be requested from the judge based on justified reasons. The name change is registered and announced in the population registry. Personal status does not change by changing the name.
Case of Denial of Lineage: The presumption of paternity is a common presumption and it is possible to refute this presumption. In the case of denial of paternity, the husband must prove that he is not the father.

Assignment of Guardianship and Guardian: A guardian is appointed on behalf of minors who are not under guardianship and adults with restrictions. As they are unable to protect their own rights and financial interests, it is decided to appoint a guardian in order to protect them. The guardian is obliged to protect all the interests of the minor or the limited person under guardianship regarding their assets. The trustee is only responsible for performing certain jobs or managing assets.

·        Age Adjustment Case: It is regulated in Article 36 of the Population Services Law.