T.C.
SUPREME
- law office
E. 2014/1591
K. 2014/2198
T. 20.2.2014
- THE PROVISIONS OF the HMK CANNOT BE APPLIED IN CASES WHERE THERE IS A PROVISION IN THE SPECIAL LAW (The Request to Change the Name – Where There is a Provision That HMK Has a Non-Contentious Judicial Job and Will be Heard in the Magistrate’s Court / It will be Heard in the Civil Court of First Instance, Taking into Account the Provisions of the Law on Population Services)
- REQUEST TO CHANGE THE NAME (The Request is Not Covered by the Non–Contentious Jurisdiction – It will be Heard in the Court of First Instance)
- REQUEST TO CHANGE THE NAME IN THE POPULATION REGISTER (Correction Cases Related to Population Records will be Filed in the Civil Court of First Instance in Charge of the Place Where the Address of the Settlement of the Persons Requesting Correction is Located)
- THE COURT IN CHARGE OF REQUESTING THE NAME CORRECTION (The Request to Change the Name in the Population Register is Not Covered by the Non–Contentious Jurisdiction – The Court of First Instance is in Charge / Cannot be Seen in the Magistrate’s Court)
- CORRECTION CASE RELATED TO POPULATION RECORDS (Change of Name Case – Where the Court of First Instance is the Court in Charge)
6100/m.382, 383
4721/m. 27
5490/m.36
SUMMARY : The case concerns a request to change the plaintiff’s name in the population register. In the Law on Population Services, it is stipulated that correction cases related to population records will be filed in the civil court of first instance in the place where the settlement address of the persons requesting correction is located. Uncontested judgment of the plaintiff’s claim is not within the scope of the law can be seen in the courts under the Supreme Court of the General Board of law 25/12/2013 day and 2013/18-464 main 2013/1698 is set by the courts and the dispute can be seen in the sentence, decision No. must be concluded.
CASE: Due to the fact that the Decommissioning decision was made separately by the Ağrı Magistrate’s Court and Ağrı First Instance Law Courts in the request for name redaction between the parties, all documents in the file sent to determine the place of jurisdiction were examined and considered as necessary:
DECISION : The case concerns the plaintiff’s request to change the name “Gülhan” to “Şerzan” in the population register If it is a Magistrate’s Court, Article 36 of the Population Services Law No. 5490. in paragraph 1 / a of article 1 / a, the correction cases related to population records will be filed in the civil court of first instance in the place where the settlement address of the persons requesting correction is located, and since there is an explicit regulation in the special law on this issue, it has established a provision for non-duty with a bet. 382/2-a-2 of HMK 6100, where the request to change the first and last names is issued by the Court of First Instance as a non-contentious judicial work, HMK 383.according to the article, the decision to dismiss has been made on the grounds that the court charged with the non-contentious judicial work is the Magistrate’s Court. The request to change the name is regulated as a non-contentious judicial matter in HMK No. 6100 No. 382/2-a-2. HMK 383.according to the article, the court in charge of non-contentious judicial work is the Magistrate’s Court, unless there is a regulation to the contrary. 27 of the Turkish Civil Code No. 4721. in accordance with the article, the change of name may be requested from the judge, provided that it is based on a justifiable reason. On the other hand, Article 36 of the Population Services Law No. 5490. in paragraph 1 / a of article 1 / a, it is stipulated that correction cases related to population records will be filed in the civil court of first instance in charge of the place where the address of the settlement of the persons requesting correction is located. In paragraph b of the same Law, there is a regulation on the name and surname. Uncontested plaintiff’s claim is not under the jurisdiction of the mentioned can be seen in the courts under the provisions of the law, the Supreme Court of the General Board of 25/12/2013 day and 2013/18 Law-Decree No. 464 main 2013/1698 is determined by the sentence and, therefore, the Law No. 5490 36/1-a-B can be seen in the courts under the provisions of the dispute must be concluded.
CONCLUSION : For the reasons described above; HMK No. 6100.21st. and 22. in accordance with the articles, it was decided unanimously on 20.02.2014 to DESIGNATE the Court of First Instance of Ağrı as the PLACE of JURISDICTION.
