Termination Of Personality
Personhood can end in two ways. These are death and absence.
1- DEATH
Determination of Death: According to Article 28/1 of the TMK, personality ends with death. While the rights that are strictly attached to the person cease to exist, other rights pass to the heirs through inheritance. With the termination of personality, new rights cannot be acquired because the capacity of rights has also ended. There are two different types of death in determining the issue of death: biological and brain death.
Proof of Death: According to MK29/1, the person who claims that a person is alive or dead is obliged to prove it. Personal status registers can be used for this purpose. If it is claimed that the information in this register is incorrect or absent, it can be proved with all kinds of evidence. (Article 30/2 of the CC) Article 33 of the NHK states that a person can go to the civil registry offices with a document showing the death event.
Presumptions There are also presumptions used to prove death. These are the presumptions of death and co-mortality.
-Presumption of Death: It can be used when there is not the slightest doubt that the person is dead but the body is not found. For example, there is a presumption of death in the event of an explosion of a passenger plane. According to Article 31 of the TMK, if a person disappears and cannot be found when his/her death is considered certain according to his/her life experiences, he/she is deemed to be dead. The consequences of that death arise with the dropping of the death record.
-Presumption of Death Together: The important thing in this presumption is not that the body cannot be found, but that the exact time of death of the deceased persons is not known. There is more than one person whose death cannot be determined. With this presumption, the deceased are considered to have died together. Here, for example, in the case of spouses, the first deceased becomes the heir of the other, while in the presumption of joint death, if they have no children in common, the second group passes to their heirs.
Status of the Body: The corpses of the deceased do not have any rights, but their relatives have the right to the corpse of the deceased in relation to their personal rights. Any damage done to the corpse is considered to have been done to their person. Their relatives can also file lawsuits.
2- ABSENTEEISM: In some cases, the condition of a person does not presume death, but leaves doubts as to whether he/she is dead or alive. In this case, the person must have disappeared under great danger of death or not been heard from for a long time.
An example of missing in danger of death would be a soldier missing in action.
If there has been no news for a long time, there should be doubt as to whether the person is alive or dead. This does not include a person who has gone to another country to work and is not in the habit of talking. If this person was in regular contact and suddenly stopped, this case can be brought. A lawsuit can be filed after 1 year if the person has disappeared under threat of death, or after 5 years if there has been no news for a long time. The spouse, heirs or those who have a will in their favor can file this lawsuit.
Person whose absence is decided is not dead or alive. The assets of the person pass to his/her heirs with absenteeism. Likewise, those who claim otherwise have the burden of proof.
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