Although the death of a person is not considered certain, the legal termination of the personality of people who are looked at with a probable eye and whose body has not been found by the court after a certain period of time is called a blunder.
According to the Turkish Civil Code, the requirements for the decision of the winner arise in two ways:
a-Loss of life in danger of possible death; at the request of persons related to the fact that 1 year has elapsed since the disappearance of this person, this court makes a wrong decision.
b-Inability to be notified for a long time; in this case, at the request of the person concerned, a 5-year period has elapsed since the last time the person was heard from, the court in question makes a decision to be victorious.
32nd Of the Turkish Civil Code according to the article; “If there is a strong possibility of the death of a person who has disappeared in danger of death or has not been heard from for a long time, the court may decide on the wrongfulness of this person upon the application of those whose rights depend on this death. The competent court is the last place of residence of the person in Turkey; if he has never settled in Turkey, the place where he is registered in the population register; if there is no such registration, the court is the place where his mother or father is registered. it is said that “.
Accordingly, the court in charge of the decision of the winner is the “Magistrate’s Court”. The competent court is the last place of residence of the person in Turkey; if he has never settled in Turkey, the place where he is registered in the population register; if there is no such registration, the court is the place where his mother or father is registered.
Following the decision of absence of the necessary conditions for the fulfillment of the interested parties (rights the absence of persons who are subject to the decision, heirs, probate, creditors, this person is not available if the state) upon application to the competent court, the court will make the decision ref.
The purpose of the aforementioned announcement decision is for the person who will be judged as the winner or those who have information about him to reach the court for the purpose of rest. After the announcement decision is made, the court will evaluate the waiting period of not less than 6 months for the information of the person who will be decided as a winner or those who have information about him to be provided. If, at the expiration of the estimated period, the person about whom the wrong decision will be made has not been revealed, he has not been heard from, and the date of his death has not been determined, the court will make a wrong decision. Otherwise, the error prompt will be dropped.
The assets of the heir subject to inheritance are handed over to the heirs for a certain period of time and in exchange for collateral. The assurance that the heirs will give is limited to a certain period of time:
-5 Years from the date of delivery of the inherited goods in case of loss in danger of death,
-In the event that he cannot be heard from, the heirs of the person who will be decided as a winner, limited to 15 years from the date of receiving the last news, must show an assurance.
If a winner appears within these periods, the heirs will return the share assigned to them from the land to the winner. If the winner does not appear during these periods, or if the winner turns 100 in the meantime, the guarantees given in this regard will cease; the heirs will be deemed to have decisively acquired the inheritance that was given to them from the landowner.
At the same time, the decision of the victor does not end the marriage itself. The spouse of the person who has been decided to be the winner will be able to request the annulment of the marriage for this reason by applying to the court. The spouse of the winner seems to be married in terms of marital status, and in addition, this marriage must be terminated by a court decision. The courts in charge of this issue are the Courts of First Instance.