TC
YÜCE
Law Firm
E. 2011/9929
K. 2011/12617
T. 12.12.2011
• REQUEST TO CHANGE THE NAME OF THE CHILD UNDER CUSTODY TO DERSİM (The Plaintiff Claims That Her Daughter Is Known by This Name – The Request Will Be Accepted as It Is Based on a Valid Reason)
• REQUEST FOR NAME CHANGE (If the plaintiff states that the child under their custody is known as Dersim – The request is based on a valid reason as specified in the conditions for acceptance)
4721/m.27
SUMMARY:
In the petition, the plaintiffs claim that their daughter under their custody is known by the name “Dersim” and request that the name written as ‘Dilan’ in the population records be changed to “Dersim.” A person may request a change of name for valid reasons. Since it is clear from the file contents that the plaintiffs’ daughters are known by the name “Dersim,” the request should be accepted as there is a valid reason for the name change.
CASE: In their petition, the plaintiffs requested that their daughter’s name, Dilan, be corrected to Dersim. The court decided to dismiss the case, and the plaintiffs appealed this decision.
After determining that the appeal was filed within the time limit, all documents in the file were read and deemed necessary:
DECISION:
In their petition, the plaintiffs claimed that their daughter, who is under their custody, is known as “Dersim” and requested that her name, which is registered as ‘Dilan’ in the population registry, be changed to “Dersim.”
According to Article 27 of Turkish Civil Code No. 4721, a person may request the change of their name for valid reasons, the use of the name by which they are known, and the entry of this name in the population records, provided that this does not conflict with the mandatory provisions of the law in the practice of the High Court. In the case in question, since the plaintiffs’ daughters are known by the name “Dersim,” there is a valid reason for the name change, and the request should have been accepted. Therefore, the dismissal of the case on unfounded grounds is not considered correct.
CONCLUSION:
In this context, the written ruling is invalid without considering the principles explained above, and therefore an appeal may be filed (Article 428 of the Code of Civil Procedure). According to the article, if a preliminary payment is requested for the appeal, it was unanimously decided on 12.12.2011 to REVERSE the decision and return it to the appellant.