If The Spouse Names A Name Without The Consent Of The Other Spouse And Registers It In The Civil Registry, The Other Spouse May Request Judicial Intervention
2nd Civil Chamber
Principal Number: 2016/26017
Decision Number: 2017/14036
“Case Law Text”
COURT :Family Court
TYPE OF CASE : Judge’s Intervention in Matrimonial Union
At the end of the trial of the case between the parties, the judgement given by the local court and dated and numbered above was appealed by the plaintiff, and the documents were read and discussed accordingly:
The plaintiff father stated that the defendant mother named the joint child born on 21.09.2016 as “…” without informing him, and that the name of the joint child can be decided by the reconciliation of the mother and father, and requested and sued for the judge’s intervention in this matter according to Article 195 of the Turkish Civil Code, and the court decided to dismiss the case on the grounds that “according to the relevant article of the Population Services Law No. 5490, the birth notification can be made by the mother and there is no legal obstacle for the mother to name the joint child alone”, and the judgement was appealed by the plaintiff.
It is understood that the parties were married on 13.09.2014, the common child was born on 21.09.2016 and the name of the child was registered as “…” with the application of the defendant mother to the registry office on 28.09.2016.
The name of the child is determined by the parents (Art. 339/5 of the Civil Code). In the event that the obligations arising from the marriage union are not fulfilled or there is a dispute on an important issue regarding the marriage union, the spouses may request the intervention of the judge separately or together. The judge warns the spouses about their obligations, tries to reconcile them and may request the assistance of experts with the mutual consent of the spouses. If necessary, the judge takes the measures stipulated by law upon the request of one of the spouses (Article 195 of the Civil Code). The birth notification shall be made by the parent, guardian, trustee, or in their absence, by the grandparents or adult siblings of the child, or by those who have the child with them (Article 15/5 of 5490 S.k.).
In the Population Services Law, on which the court based its reasoning, there is no regulation regarding the naming of the child, and Article 15/5 of the Law regulates the notification of the birth event. As the legal justification is stated above; the name of the child, which is a concept that distinguishes the child from other persons, enables him/her to be expressed as a person, and serves to distinguish the persons in the same family from each other, is set by the parents together.
However, if the parents disagree on the name of the child, which is within the scope of the right of custody, the parents may request the intervention of the judge separately or together. In that case, while the court should collect the evidence shown by the parties duly and make a decision regarding the request within the framework of the procedure shown in Article 195 of the Turkish Civil Code, it is not correct to make a judgement as written, and it required a reversal.
CONCLUSION:
It was unanimously decided that the appealed judgement shall be DISMISSED for the reason shown above, the pre-appeal fee shall be returned to the depositor upon request, and the way of decision correction shall be open within 15 days from the notification of this decision. 04.12.2017 (Mon.)
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