Responsibility Of The Head Of Family
Republic of Turkey Supreme Court
3. HD
2011/3430 E . 2011/6636 K. 18.4.2011 T .
In the statement of claim, it was requested to collect 2500 Turkish Liras compensation together with interest and costs from the defendant. The court dismissed the lawsuit and the judgment was appealed by the plaintiff’s attorney.
After it was understood that the appeal request was in due time, all the papers in the file were read and considered.
The lawsuit is related to the claim for compensation due to the fire caused by the defendant’s child. It is understood from the statements in the petition that the defendants are requested to be responsible as the head of the family.
The legal basis for the responsibility of the head of the family is found in Article 369 of the Civil Code. Article 4 of the Law No. 4787 on the Establishment of Family Courts states that cases and matters arising from Book 2 of the Civil Code shall be resolved by the Family Court. In the concrete case, since compensation is requested based on Article 369 of the Civil Code, such a case should be examined and finalized by the Family Court. The fact that the court examined the merits of the case without considering the jurisdiction is a reason for reversal.
In this respect, without taking into account the principles explained above, it is inappropriate to establish a judgment as written, and since the appellate objections are appropriate for these reasons, it was unanimously decided on 18.04.2011 that the judgment shall be DISMISSED in accordance with Article 428 of the Code of Civil Procedure and the prepaid appeal fee shall be refunded to the appellant upon request.