TC
SUPREME
Law Office
E. 2014/1591
K. 2014/2198
T. 20.2.2014
The provisions of the Code of Civil Procedure shall not apply to the provisions contained in special laws (Request for Name Change – Where there is a provision stating that it is a non-contentious judicial function of the Code of Civil Procedure and shall be heard in the Criminal Court of First Instance / taking into account the provisions of the Population Services Law).
NAME CHANGE REQUEST (The Request Does Not Fall Under Non-Contentious Jurisdiction – It Will Be Heard in the Court of First Instance)
REQUEST FOR NAME CHANGE IN POPULATION RECORDS (Correction lawsuits related to population records shall be filed at the competent civil court of first instance where the person requesting the correction resides.)
COURT RESPONSIBLE FOR NAME CHANGE REQUESTS (Requests for Name Changes in Population Records are not within the scope of Non-Contentious Jurisdiction – The Court of First Instance is Competent / Cannot be Heard in the Criminal Court of Peace)
CORRECTION ACTION RELATED TO POPULATION RECORDS (Name Change Action – Cases Where the Court of First Instance is the Competent Court)
6100/m.382, 383
4721/m. 27
5490/m.36
SUMMARY: The case concerns the plaintiff’s request to change their name in the population records. The Population Services Law stipulates that correction cases concerning population records shall be filed in the district criminal court where the person requesting the correction resides. The uncontested ruling on the plaintiff’s request is outside the scope of the law in accordance with the Supreme Court decision dated 12/25/2013 and numbered 2013/18-464 and decision numbered 2013/1698, and the dispute can be seen in the relevant article of the decision.
CASE: Due to the fact that the Ağrı Criminal Court of Peace and the Ağrı Criminal Court of First Instance issued separate decisions on the request for name concealment between the parties, all documents in the file sent for the determination of the competent court were examined and deemed necessary:
DECISION:
The case concerns the plaintiff’s request to change the name “Gülhan” to “Şerzan” in the population records. The Criminal Court of Peace, pursuant to Article 36(1)(a) of the Population Services Law No. 5490, which states that correction cases concerning population records shall be filed with the criminal court of first instance where the person requesting the correction resides, and since there is a clear provision in the special law on this matter, Pursuant to Article 382/2-a-2 of the Code of Civil Procedure No. 6100, if the request for a change of name and surname is considered by the criminal court of first instance as a non-contentious judicial proceeding, the case was dismissed on the grounds that the court competent for non-contentious judicial proceedings is the Criminal Court of Peace.
HMK 382/2-a-2 No. According to Article 383 of Law No. 6100, unless otherwise stipulated, a request for a name change shall be treated as a non-contentious judicial proceeding. According to Article 383 of the Code of Civil Procedure, unless otherwise stipulated, the court responsible for non-contentious judicial proceedings is the Criminal Court of Peace. According to Article 27 of Turkish Civil Code No. 4721, a name change may be requested from a judge provided there is a valid reason.
On the other hand, Article 36(1)(a) of the Population Services Law No. 5490 states that proceedings for the correction of population records shall be initiated at the district criminal court where the person requesting the correction resides. Subparagraph (b) of the same Law contains a provision regarding first and last names. The claimant’s uncontested claim does not fall within the jurisdiction of the specified courts; as determined by the Supreme Court’s Decree No. 464 dated 25/12/2013 and Decision No. 2013/1698 dated 25/12/2013. Therefore, the dispute must be resolved in court in accordance with Article 36/1-aB of Law No. 5490.
CONCLUSION:
For the reasons stated above; pursuant to Articles 6100.21 and 22 of the Code of Civil Procedure, it was unanimously decided on 20.02.2014 that the Ağrı Criminal Court of First Instance is the competent court.