Court Of Cassation Decision On Adoption
T.C Judiciary 2nd Civil Chamber Main: 2010/ 11536 Decision: 2011 / 16936 Date of Decision: 28.11.2014
JUDICIARY DECISION
COURT :Aydın Family Court
DATE :24.05.2010
NUMBER :No: 2010/70 Decision no: 2010/585
At the end of the trial of the case between the parties, the judgment given by the local court and dated above was requested to be examined on appeal by conducting a hearing, and on 25.10.2011, the day appointed for the hearing, the plaintiff M… P… and the defendant K… C… came. After listening to the speeches of those who came, it was deemed appropriate to leave the matter after the hearing to be examined and decided. Today, all the papers in the file were read and the necessity was discussed and considered.
From the evidence gathered, it is understood that the plaintiff (the plaintiff) and the person who wants to adopt (the defendant) have been living together since 1995 and that the plaintiff has been taking care of the defendant since the same date, and in the research and expert report made in accordance with Article 316 of the Turkish Civil Code; it is reported that the conditions for the plaintiff to adopt the defendant are present, thus the conditions for the adoption of an adult person in Article 313 of the Turkish Civil Code amended by the Law No. 5399 have been realized. For these reasons, while the court should decide to accept the lawsuit; the decision to reject it as written is inappropriate and requires reversal.
CONCLUSION: It was unanimously decided that the appealed judgment shall be DISMISSED for the reasons explained above, the pre-appeal fee shall be returned to the depositor, and the way of correction of the decision shall be open within 15 days after the notification of this decision.25.10.2011 (Tuesday)
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