8. Legal Department 2017/6122 E. , 2017/14423 K.
“Text Of Jurisprudence”
COURT OF First Instance: Court of First Instance
CASE TYPE : Voluntary Change of Surname in the Population
Between the parties, and the above-described case by the court in the trial in the case and the verdict to the rejection of an appeal by the plaintiff’s attorney, it has been decided upon, examined dairec file, duly noted.
decision
In the petition for action, the plaintiff’s “….” the last name ….”, which was requested to be changed, the decision to dismiss the case was appealed by the deputy plaintiff on the grounds that the reasons put forward by the court in the petition for the case could not be considered a justified reason for changing the surname.
The case is part of Article 27 of the Turkish Civil Code No. 4721. according to the article, it is related to the request to change the name and surname based on the justified reason.
27 of TMK No. 4721. in the article; it is stipulated that the change of the name can only be requested from the judge based on justified reasons, the change will be registered and announced in the population register, the name will not change in the personal situation by changing the name, those who have suffered from this change can sue for the abolition of the decision to change it within a year, starting from the day they find out about it. The issue of which cases constitute a justifiable reason will be determined by the court according to the specific circumstances in each case. When making this determination, it is necessary to take into account the specific reasons that the applicant will submit to the court, rather than objective circumstances. These specific and individual reasons should be evaluated by the judge taking into account the personality, social status, and family relationships of the applicant. First and last names are an integral element of personality. The person is referred to by this and is recognized and identified. The name or surname has a meaning when it is adopted by the person who carries it due to its nature. It is the most natural right of a person who does not identify with his personality who does not adopt his name to want to change his name. In such a case, the plaintiff’s preference and desire should be kept in the foreground and taken into account first in cases involving name change requests.
Considering the “justified reason” provided for by the Turkish Civil Code in this context, it is necessary to determine that the reason for the judge’s discretion in this regard and the name or surname that is being requested to be taken are of a nature that does not contradict the values of society and the mandatory provisions of the law, especially does not harm others or the environment, does not hurt. In the applications of the Supreme Court, it has been accepted that it would be a justified reason for a person to want to be referred to by his last name, which is known and recognized in society, and to move him to kayden.
According to the principles described above, the court; Instead of collecting the reasons based on the plaintiff’s petition and the evidence that the parties will show, and then reflecting the plaintiff’s request on the justified reason on the file in a way conducive to the audit, it was not considered correct to decide to dismiss the case on grounds that were not appropriate, rather than making a decision based on the result that would occur after the witnesses were heard.
CONCLUSION: The above-mentioned reasons for the appealed provision are reflected in the Provisional Article 3 of HMK No. 6100. article 428 of the Decree No. 1086. in accordance with article 440 / I of the Law, the parties may request a correction of the decision within 15 days from the date of notification of the Supreme Court’s decision, and the refund of the advance fee to the appellant upon request was unanimously decided on 02.11.2017.
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