Babalık davası
Paternity suit
- Tez No: 141055
- Danışmanlar: DOÇ. DR. ŞEBNEM AKİPEK
- Tez Türü: Yüksek Lisans
- Konular: Hukuk, Law
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 2004
- Dil: Türkçe
- Üniversite: Ankara Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Özel Hukuk Ana Bilim Dalı
- Bilim Dalı: Medeni Hukuk Bilim Dalı
- Sayfa Sayısı: 133
Özet
Özet yok.
Özet (Çeviri)
ABSTRACT The new Turkish Civil Code which came into force in 01.02.2002 changed many subjects in filiation law as the other branches of laws in Civil Law. The relationship between a child born in wedlock and his mother/father is settled by the birth. For mother there is no difference if a child has born in the relationship of a marriage or not because the principle of“The woman who gives birth to the child is the mother of him”is accepted in filiation law. Nevertheless the filiation between an illegimate child and the father is settled by the marriage with the mother, acknowledgement of the child and the paternity suit. In the ancient Turkish Civil Code there has been two types of paternity suit. One of them was depanding on financial results while the other one was depanding on the personal ones. But the new Turkish Civil Code regulates only one type of paternity suit. As regulated on article 301 in Turkish Civil Code only the mother and/or the child can file a paternity suit. The litigation right of the child and/or the mother are independent. Because of these reasons even if the father acknowlege the child or the child is born death or the child has died before the conclusion of the suit, the mother can demand the items on article 304 and the damages for pain and suffering in the paternity suit. The child has the litigation right can file a paternity suit by himelf when he is in legal age and before his legal age the special guardian of him can also file a paternity suit. 115On the other hand the father can also acknowledge the child in these cases. But in Turkish Civil Code only the mother and the child have the right of litigation so the father cant file a paternity suit. In Turkish Civil Code the article 283 regulates the official and authorized courts. In filiational cases the authorized courts are the courts in one of the domiciles of the parties. The paternity suit is related on the family law so the official courts are the family courts. As the article 303 in Turkish Civil Code regulates that the paternity suit can be filed before or the after the birth of child. The litigation right of the mother is limited to 1 year after the birth of the child. In paternity suit the proof of being the father is fulfilled by thepresumption of paternity or the DNA and the blood tests improved directly. The father can defense him by adducing the impossibility of being a father for him or by the DNA and the blood tests proved that he is not the father of this child. The proof of being the father by DNA tests can be fulfilled by nearly the rate of %100 (%99....). In Turkish Civil Code the article 284 regulates that the parties and the third parties should give permission for the researches and examinations which are necessary and have no risks for the health the parties in these' filiation cases. There is a sanction for not giving permission for these researches and examinations. After the paternity suit the party proved that he is the father of the child has the same rights and obligations as the father in wedlock. In Turkish Civil Code the articles regulates the filiation are article 321 and the following ones. 116The filiation norms are changed by the new Turkish Civil Code and some of these changes are founded appropriate but some of them are critisized because of the unfair effects on the father and the mother. Finally we can point that in new Turkish Civil Code there isnt any regulation for the child has no filiation. We think that this is the other deficiency of the new Turkish Civil Code. 117
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