Name Change Petition
TO THE PRESIDING JUDGE OF THE CIVIL COURT OF FIRST INSTANCE
ANTALYA
PLAINTIFF :
ADDRESS :
ATTORNEYS :
ADDRESS :
DEFENDANT : Antalya Provincial Directorate of Population and Citizenship Affairs
ADDRESS :
SUBJECT : Regarding our request for the correction of the population registry based on a valid reason for a name change for our client.
EXPLANATIONS
Our client’s name is written as … in the Population Registry. However, everyone in our client’s circle knows him as … Even his close relatives do not know the name … listed in our client’s population registry; everyone who knows our client knows him as … In this context, the name … causes various difficulties in our client’s daily life. Therefore, it is necessary to change our client’s name.
Considering the above-mentioned issues, we are obliged to request that our client’s name be changed to …, which is the name known and recognized by everyone.
Established case law also states that a name change must be accepted due to a person being known by a different name. The relevant Supreme Court decision is as follows:
T.C. SUPREME COURT 18TH CIVIL CHAMBER E. 2011/9929 K. 2011/12617 T. 12.12.2011
DECISION: The plaintiffs claimed in their complaint that their daughter, who is under their custody, is known by the name “Dersim” and requested that the name ‘Dilan’ recorded in the population register be changed to “Dersim.”
Pursuant to Article 27 of the Turkish Civil Code No. 4721, a person may request the court to change their name based on valid reasons. According to the Supreme Court’s case law, a person may use the name by which they are known in their social circle and request its registration in the population registry, provided that this does not conflict with the mandatory provisions of the Law. In the present case, since it is evident from the file contents that the plaintiffs’ daughters are known by the name “Dersim,” and since there are valid reasons for changing their names, the request should have been granted. However, the decision to dismiss the case on unfounded grounds is deemed incorrect.
CONCLUSION: For the reasons stated above, the decision rendered in writing without considering the aforementioned principles is incorrect, and the appeals are well-founded for these reasons. Therefore, the decision is reversed in accordance with Article 428 of the Code of Civil Procedure, If the appeal fee is requested, it shall be refunded to the appellant. This decision was made unanimously on December 12, 2011.
Based on the reasons we have explained and the witnesses we will call, it will be seen that our client is known as “…” by those around him, and for this reason, the name “…” in our client’s Population Registry should be changed to “…” LEGAL EVIDENCE: (witnesses, oaths, expert opinions, etc. that will be relied upon as evidence must be stated)
LEGAL EVIDENCE: Expert opinions, witnesses, and all other types of legal evidence…
LEGAL REASONS: Turkish Civil Code, court precedents, and relevant legislation
REQUEST AND CONCLUSION
In accordance with the matters explained above and the matters that the court will consider ex officio;
We respectfully request and demand that our justified case be ACCEPTED,
and that our client’s name be changed to “…..”, which is the name known and recognized by everyone.
Plaintiff …..
Counsel