We know that being a parent brings with it some rights. But he also owes parents much more than the rights he brings.
One of the most important of these obligations and one of the most problematic issues in practice is the parental care obligation.
328 of the Turkish Civil Code. the article described the duty of care of your parents and how long it will continue as follows:
“The maintenance debt of the parents continues until the child becomes an adult.
If the child is an adult and his education is continuing, the parents are obliged to take care of the child until the end of his education, to the extent that can be expected of them according to the circumstances and circumstances.”
In the first paragraph of the law, it is accepted that the parent’s and father’s duty of care will last until the child becomes an adult. 11 of the Civil Code. according to the article, adulthood begins at the age of 18.
in addition to the age of 18, it has been accepted that in some cases, it may also be considered an adult before. A minor who has reached the age of fifteen can be made an adult by the court at his own request and with the consent of his guardian.
Marriage like this also makes a person mature:
“Marriage makes a person a minor. (MK.md.11) Since the plaintiff claims that she was forcibly married and wants to terminate the marriage, the plaintiff must accept that she has an active hostility license, but the evidence must be evaluated within this framework and decided according to the result, while the plaintiff is not authorized to sue, and the rejection of the case is not true.” SUPREME COURT 2. LEGAL DEPARTMENT Base Number: 1998/13557 Decision Number: 1998/830 Decision Date: 10.02.1999
The burden of caring for parents ends when the person becomes an adult. There is no need to file a lawsuit separately for the abolition of alimony:
“Article 148 of the Civil Code. the creditor of the alimony assessed and determined in accordance with the article is the parent or father whose custody has been transferred to him. (Y.2.H.D.nin 13267-582 p dated 29.1.1993.a) The obligation to pay custody and subsidiary child support ends spontaneously when the child becomes a minor. (MK.11, 262, and Y.2.H.D.decision No. 7799-7122 of 17.9.1985), which is currently shown in Articles 161 and subsequent of the Civil Code and is not one of the ongoing measures of the Civil Code 148. 164 of the Civil Code for the abolition of alimony assigned in accordance with Article. there is no need to file a ref lawsuit in accordance with the article and there is no legal benefit.” SUPREME COURT 2. LEGAL DEPARTMENT Base Number: 2000/13611 Decision Number: 2000/14089 Decision Date: 13.11.2000
328, however. article 2. an exception is established by the paragraph. In accordance with this exception, it has been accepted that the duty of care of the parents will continue if the child continues his education, even if he is considered an adult.
My burden of care continues during the child’s education, but this is also unlimited, the announcement has not been accepted.
“The maintenance debt of the parents, as a rule, continues until the child reaches adulthood. If the child continues his education even though he is an adult, the parents are obliged to take care of the child until the end of his education, to the extent that can be expected of them according to the circumstances and circumstances (TMK. m. 328). But the obligation in this case is only if there is a lawsuit filed by the adult child himself.” SUPREME COURT 2.LEGAL DEPARTMENT Base Number: 2013/10251 Decision Number: 2013/23928 Decision Date: 22.10.2013
The purpose of this article is that the education that started before becoming an adult can continue without interruption due to the fact that the child has reached the age of 18.
“Article 328/11 of the Civil Code No. 721. according to the provision of the paragraph, the maintenance debt of the parents does not get up if the child is an adult, although his education continues, it continues. ( 328/1 ). Your child is MK. 364. according to the article, he also does not need to file a lawsuit. In this case, since the plaintiff’s father’s obligation to care for the defendant, who has no assets and income, continues until his education is over, it was not considered correct to establish a provision in writing by the court, while it was necessary to decide on the rejection of the case.” SUPREME COURT 3. LEGAL DEPARTMENT Base Number: 2010/22576 Decision Number: 2011/1865 Decision Date: 15.02.2011
The aim is for the child to have a profession and to become able to support himself thanks to this profession he has acquired:
“If a minor who continues his education lacks the ability to live on his own labor and income, he can ask his parents for child support until he completes his education. However, it is reasonable that the people who will be obliged to give it will not be reduced to a living wage. “ SUPREME COURT 3.LEGAL DEPARTMENT Base Number: 2013/157 Decision Number: 2013/1813 Decision Date: 07.02.2013
Parents should look within the limits of the measure that can be expected of them according to the situation and conditions:
“Alimony is a kind of social assistance related to saving family members from poverty and indulgence, and it is an assignment mandated by the rules of morality and traditions. In the concrete case, although the plaintiff continues his education at the open education faculty, he also works with a salary at the minimum wage level, and the defendant receives a pension. In this case, the plaintiff’s TMK.nun 328/2. it is not possible to take advantage of the article.” SUPREME COURT 3. LEGAL DEPARTMENT Base Number: 2012/17987 Decision Number: 2012/22454 Decision Date: 01.11.2012
It has also been accepted by October Supreme Court that courses and various additional courses should be taken in order to win university exams in our country. In this direction, the child who is preparing for university has the right to receive alimony from his parents.
“The plaintiff is a minor and the joint child is 1800 TL when he is preparing for university as of the date of the lawsuit. she has earned a degree in Public Administration from Dumlupınar University Faculty of Economics and Administrative Sciences, where she has a course fee, and her needs are met by her mother, with whom she is staying.”
In the concrete case, the absence of any work of the defendant father, the absence of income and assets also does not relieve the defendant father of the obligation of alimony, because it must be accepted that he has income at least at the minimum wage level; this situation (the father’s income and the absence of assets) is effective only at the discretion of the amount of alimony and does not require a complete rejection of the case. The defendant must pay alimony in an amount that corresponds to equity.” SUPREME COURT 3. LEGAL DEPARTMENT Base Number: 2010/3576 Decision Number: 2010/4699 Decision Date: 22.03.2010
It has been accepted that the parents should pay child support if the child has enrolled in an open education faculty that he is not obliged to attend.
When determining the training period, it is checked whether the child has acquired a profession or not. While graduation from some educational institutions gives the right to make a profession directly, some of them may also need to receive other education such as an internship after graduation. When determining the alimony obligation of the parents, it is checked whether the child has a profession due to the school he graduated from.
