TC
Supreme
Law Office
2012/13948
2013/2247
21.2.2013
BEING A MINOR (A Minor Who has Reached the Age of 15 Can be Declared a Minor by the Court at His Own Request and with the Consent of His Guardian – The Case is Accepted If the Minor’s Request in This Regard is Registered and His Request is Positive) AS A RESULT OF AN ACCIDENT
DEATH VERDICT REQUEST (A Minor Who has Reached the Age of 15 Can Be Declared A Minor by the Court at His Own Request and with the Consent of His Guardian – His Guardian Has Informed Him that They Have Given Permission with Signed Statements Received at the Hearing / If the Minor’s Request in This Regard is Positive, the Case is Accepted) HE HAS REACHED THE AGE OF FIFTEEN
MINOR (At His Own Request and with the Consent of His Guardian, the Court May Be Underage – The Case will be Accepted If the Minor’s Request in This Regard is Positive) Parental Consent / No Signs of Physical Mental Illness with a Forensic Medical Report – Allowing the Parents to Make an Accidental Decision / The Minor’s Request Will Be Decided by Custody)
4721/m.12
SUMMARY :
The case is about becoming an adult. It is possible for a minor who has reached the age of fifteen to be made an adult by the court at his/her own request and with the consent of his/her guardian. According to the Forensic Medicine Institution report, the accidental bribe request of a minor, together with the signed statements of his parents received at the hearing, should be applied to the court if the minor has not yet turned 15, has no signs or symptoms of physical or mental illness, has no signs of mental retardation, his mental development is appropriate for his age, the minor’s request on this issue is made in custody, if his request is positive, notification that they have allowed a decision to be made.
CASE: Kazai rusht was asked for a decision in the petition of the lawsuit. The court decided to dismiss the case, and the decision was appealed by the plaintiff’s attorneys.
After it was understood that the appeal request was made within the time limit, all the documents in the file were read and the necessary examinations were made:
DECISION :
In the petition of the plaintiff’s attorney, U, born on 01.10.1996., currently 11th. he is a class student and wants to take the 2012 CPSU exam, in order for him to take the exam, a decision must be made that he is underage before the exam date, so U .he requested that it be decided that he was a minor on the date before 23.09.2012, and the court decided to reject the request.
It’s a matter of being an adult.
12 Of the Turkish Civil Code. according to the article; a minor who has reached the age of fifteen may be made an adult by a court at his own request and with the consent of his guardian.
in the current report of the Forensic Medicine Institution Presidency dated 19.09.2012 and numbered 2012/23084, U.U. due to his physical and spiritual origin, he was born in 1996, developed according to population records, has not yet completed the age of 16, has completed the age of 15, has no signs or symptoms of physical, mental illness, there are no signs of mental retardation, his spiritual development is compatible with the ages of his parents, when it is reported at the hearing, he is a minor by issuing a request to the mother and father on this issue.U. it was stated that a signed declaration was issued informing the decision allowing the provision of accidental passage throughout, that if the request is positive, the acceptance of the case should be decided, but the rejection on the grounds that it is not in place is not considered correct.
CONCLUSION:
Without taking into account the principles described above, since the written judgment is invalid as of this moment and the appeals are in place for these reasons, the decision was made by acceptance.nin428. in accordance with the article (ON THE VIOLATION), a unanimous decision was made on 21.02.2013 to return the appeal guarantee to him at the request of the appellant.
TC
Supreme
Law Office
E. 2004/14068
K. 2004/15983
T. 29.12.2004
* MAKING THE PERSON UNDER CUSTODY AN ADULT (OR AFTER THE PERMISSION OF THE BOARD, THE PERMISSION OF THE SUPERVISORY BOARD IS ALSO REQUIRED)
BRIBERY (AFTER THE PERMISSION OF THE PERSON UNDER CUSTODY – THE PERMISSION OF THE CUSTODY BOARD, THE SUPERVISORY BOARD IS ALSO REQUIRED)
• WHEN THE SUPERVISORY BOARD REQUIRES PERMISSION (AFTER THE PERMISSION OF THE CUSTODY BOARD – MAKING THE PERSON UNDER CUSTODY AN ADULT)
4721/m.12,463
SUMMARY :
TMK No. 4721.nun12. according to the provision of the article, a minor who has reached the age of fifteen may be made an adult by a court at his own request and with the consent of his guardian.
463 Of the same law. in the article, after the permission of the guardianship authority, the situations in which the permission of the supervisory authority is required are regulated, and the state of Decriminalization of the person under guardianship is also considered among them. Accordingly, it is contrary to the procedure and the law to decide whether a minor is an adult or not without the permission of the guardianship and supervision authorities.
SITUATION: At the end of the trial, the decision of the local court was overturned in the interest of law. Upon the application of the Chief Public Prosecutor’s Office of the Supreme Court of Appeals to the Ministry of Justice, the document was read and discussed and a decision was made on the issues deemed necessary:
DECISION:
It has been understood that the lawsuit filed by the plaintiff Ersin Yirik as a minor on 28.9.2002 as a party was decided by the court and the decision was finalized without appeal.
12 of the Turkish Civil Code No. 4721. according to the provision of the article, a minor who has reached the age of fifteen may be made an adult by a court at his own request and with the consent of his guardian.
Article 463 of the same Law Decrees the situations in which the permission of the supervisory authority is required after the permission of the guardianship authority, and the cancellation of the driver’s license of the person under guardianship is also considered among them.
The court’s decision to make the minor an adult without the permission of the guardianship and supervision authorities is contrary to the procedure and the law.
CONCLUSION : The Chief Public Prosecutor’s Office of the Supreme Court of Appeals is 427/6 of the Code of Civil Procedure. in accordance with the article; for the reason explained, it was decided unanimously on 29.12.2004 to OVERTURN the provision so as not to affect the result by accepting the request to change the law for the benefit of the article based on the article.