Name Change – Supreme Court Decision Stating That A Case For Correction Of Population Registration Related To The Same Issue Can Only Be Filed Once
T.C.
COURT OF APPEALS
18th CIVIL CHAMBER
E. 2011/3358
K. 2011/6983
Date: 9.6.2011
• Request for Name Change (A Case for the Correction of the Population Register Regarding the Same Matter Can Only Be Filed Once)
• CORRECTION OF THE POPULATION REGISTRATION (A Lawsuit Regarding the Same Matter Can Only Be Filed Once – Request for Name Change)
5490/m. 36/1-b
SUMMARY: The plaintiffs requested the change of their child’s name in the lawsuit petition, and the court decided to accept the lawsuit. According to the information in the population registry of the child whose name was changed, it is understood that the child’s name had been changed before. It is not considered correct to accept the case in violation of the provision in Article 36, Paragraph 1, Item (b) of the Population Services Law, which states that a case for the correction of the population registry regarding the same subject can only be filed once.
CASE: In the case between the plaintiffs Bayram and the defendant Population Directorate, the Bandırma 1st Civil Court of First Instance issued a decision on September 21, 2010, numbered 2010/150 -171, which had become final without being reviewed by the Supreme Court, was appealed by the Supreme Court Prosecutor’s Office on March 14, 2011, with reference number Hukuk-2011/62965, on the grounds that it was contrary to the applicable law, and the case was requested to be overturned. All documents in the file were reviewed, and the following decision was reached:
DECISION: The plaintiffs requested in their complaint that the name of their son Mehmet be changed to “Mert,” and the court ruled in favor of the complaint. According to the information in the population registry of Mert, whose name was changed, it is understood that the plaintiff’s name, which was “Mehmet Mert,” was changed to “Mehmet” by the decision of the Gömeç Civil Court of First Instance, numbered 2007/103-128 K. It is not considered correct to accept the case in violation of the provision in paragraph (b) of the first clause of Article 36 of the Population Services Law No. 5490, which states that a case for the correction of a population record can only be filed once.
CONCLUSION: For the reasons explained above, the Court of Cassation’s Prosecutor’s Office’s appeal is accepted, and the ruling is overturned in the interest of the law, in accordance with Article 427 of the Code of Civil Procedure, without affecting the outcome, and a copy of the decision and the file are sent to the Court of Cassation’s Prosecutor’s Office for the necessary action to be taken. The decision was made unanimously on June 9, 2011.