“Justice Text”
COURT: Civil Court of First Instance
TYPE OF CASE: Change of Surname in Population Requested
At the end of the trial in the above-mentioned case between the parties, the Court decided to reject the case and upon the appeal of the judgment by the plaintiff’s attorney, the file was examined by the Chamber and it was considered necessary.
DECISION
In the petition, the plaintiff’s “….” whose surname is…” The decision of the court regarding the rejection of the case was appealed by the plaintiff’s attorney on the grounds that the reasons put forward in the petition of the court could not be considered as a just cause for changing the surname.
The case is about the request to change the name and surname based on a just cause, according to Article 27 of the Turkish Civil Code No. 4721.
In the 27th article of the TMK numbered 4721; It has been decreed that the change of name can only be requested from the judge based on justified reasons, that the change will be registered and announced in the civil registry, that a change in the name will not change the personal situation, that those who are harmed by this change can file a lawsuit for the cancellation of the decision to change within one year, starting from the day they learn about it. The issue of which circumstances constitute a just cause will be determined by the court according to the specific circumstances of each case. While making this determination, it is necessary to take into account the special reasons that will be presented to the court by the person requesting the change, rather than the objective conditions. These private and personal reasons; It should be evaluated by the judge, taking into account the personality, social status and family relations of the person making the request. Name and surname are an integral element of personality. The person is referred to and recognized and defined by it. Due to the nature of the name or surname, it has meaning when it is adopted by the person carrying it. It is the most natural right of a person who does not adopt his name and does not identify with his personality, to want to change his name. In such a case, in cases involving name change requests, the preference and desire of the plaintiff should be kept in the foreground and should be taken into consideration first.
When the “just cause” envisaged by the Turkish Civil Code is evaluated within this scope, it should be determined that the reason for which the judge’s discretion is put forward and the new name or surname desired to be taken are in a quality that does not contradict the values of society and the dictatorial 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 justified for a person to want to be called with the surname that he is known and known in the society and to carry it in deed.
By the court; In line with the principles explained above, it is not considered right to reject the case with an inappropriate reason, instead of making a decision based on the result that will be formed by reflecting the plaintiff’s request to the file in a way suitable for inspection after the reasons on which the plaintiff is based in his petition and the evidence to be shown by the parties and after hearing the witnesses.
CONCLUSION: For the reasons explained above, it is stated that the appealed judgment has been VOID pursuant to the Provisional Article 3 of the CPC No. 6100 and Article 428 of the Law No. 1086, and that the parties may request a correction of the decision within 15 days from the notification of the Supreme Court Chamber’s decision pursuant to Article 440/I of the Law No. It was unanimously decided on 02.11.2017 that the fee be refunded to the appellant upon request.
