Vesayet Hukukunda çocuğun korunması
Protection on the child in guardianship
- Tez No: 62669
- Danışmanlar: PROF. DR. EMİNE AKYÜZ
- Tez Türü: Yüksek Lisans
- Konular: Eğitim ve Öğretim, Hukuk, Education and Training, Law
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 1997
- Dil: Türkçe
- Üniversite: Ankara Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Eğitim Yönetimi Ana Bilim Dalı
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 81
Özet
Özet yok.
Özet (Çeviri)
SUMMARY Minors are beings who do not have the power and ability to protect by themselves their personal and financial interests. For this reason they should be protected by law. If the child has the possibility of being able to develop in freedom and honour from body, mental, social and moral standpoint, his/her rights and security will be protected. That is why the guardianship institution is a system established for the purpose of protecting and representing the individuals who do not have the power and ability to protect by themselves their personal and financial interests, and it stands for the guardianship for those who do not have a mother-father, that is to say, the protection provided by the guardianship, though they need a protection. Guardianship is a function assigned to individuals who are qualified to protect and train the minor, administer his/her properties and represent him/her in legal actions. The guardianship organs consist of the guardian and guardianship departments. The guardianship departments are the courts of peace and basic civil courts. Conditions requiring guardianship are smallness and volume. For these reasons smallness has been considered in our thesis. Sallness is not an adequate reason for taking under guardianship. Because, parenthood is essential and guardianship is an exception. In order to allow taking a minor under guardianship, some factors enumerated in the law, should be substantiated. One of the reasens such as mother and father are known, a decision has beenrendered for the death or loss in danger of death of the mother-father, cancellation of the right of parenthood from both of them, divorce of the mother and father, birth of the minor out of wedlock, interdiction imposed on both the mother and father, adoption, termination of the parenthood, new marriage by one of the divorced mother or father who has the right of parenthood, should substantiate. In order to allow for a person to be assigned as guardian, some conditions must exist. It is reguired that the guardian is of legal age and qualified, he/she should not be under guardianship and deprived from civil and political rights, further he/she should not be a conflict of interest or animosity between himself/herself and the minor. The guardian has certain responsibilities for the properties and person of the minor. The works which the guardian will do when commencing his duty as a guardian consists of keeping the books, taking under custody the valuable objects, liquidating the movable properties, depositing the money, receiving instructions about the industrial and commercials enterprises and determining the conditions of the immovable properties. As about the continuous functions of the guardian during the guardianship period, they are directing the properties and submit ting the accounts. As about his functions related with the person of the minor, they fall into two main groups, that is care and representation. The guardian must provide the maintenance and boarding of the minor, take care of his health, provide his/her maintenance and boarding expenses and take care of his/her education.The individual under guardianship or any concerned person, may lodge a complaint against the guardian at the court of peace due to his actions. The decision of the court of peace may be con tested at the basic civil court. If the guardianship organs inflict loss or damage on the minor due to their actions, this point entails responsibilities. This res ponsibility may be individual or joint. The guardianship will end with the minor becoming a major. Though the guardianship continues with the death of the guardian, state of interdiction, termination of the guardian, his resignation and dismissal, the capacity of guardianship will terminate. In this case, the guardian must turn over the properties of the minor, pre pare a report related with his administrative activities and make ready a final report in connection with the properties of the minor.
Benzer Tezler
- Türk medeni hukukunda çocuğun vesayet hükümleri çerçevesinde korunması
Protection of the child within the framework of guardianship provisions in Turkish civil law
NAZİLA AKSU
- Türk medeni hukukunda çocuğun kişilik hakkının korunması
Protection of children's personal rights in the Turkish civil law
HALE HAYDAROĞLU
- Aile Hukukunda vesayet ve uygulamada vesayet davaları
Custody in Family Law and custody cases in practice
ÖMER TAŞKIRICI
- Çocuğun kayyım tarafından temsili
The representation of child by special guardian
ÖZGE YÜCEL
Yüksek Lisans
Türkçe
2009
HukukAnkara ÜniversitesiÖzel Hukuk (Medeni Hukuk) Ana Bilim Dalı
DOÇ. DR. ZARİFE ŞENOCAK
- Velisi ile çıkar çatışması yaşayan çocuğa kayyım atanması
Appointment of a trustee to the child who has a conflict of interest with the parent
BETÜL MELİKE GENÇTÜRK