The Decision of the Supreme Court on the Case of Correction of the Population Register and the Case of Establishment of the Genealogy

8.LEGAL DEPARTMENT 2017/87 E. , 2017/744 K.
“text of jurisprudence”
COURT OF First Instance: Court of First Instance
TYPE OF CASE : Population (Correction of Population Registration)

At the end of the trial between the parties in the case described above, the Court decided to dismiss the case and upon the appeal of the judgment by the Dec plaintiff, the file was examined by the Department and considered as necessary.

decision

The plaintiff’s attorney in the petition, the plaintiff and his wife had a child when …’s in the population has been registered as their own children by claiming that the defendant …’s in the population cancel the registration with the plaintiff and his wife … … and …as the son of the population wanted to give a decision on the registration, Court, child marriage has been registered as properly Ilhan nesepli the union, therefore, in the present case cannot be opened unless rejected on the grounds that the genealogy of this case is dismissed.
The dispute is directed to whether the case is a robbery case or a registration correction case when the petition for a lawsuit is being considered.
In order to understand the issue, first of all, it is necessary to focus on legal regulations, then concepts and differences between pedigree cases and population registration correction cases.
282 On the genealogy of the Turkish Civil Code. considering the regulation in the article, it seems that in establishing the lineage, it is Dec to either find a blood connection between the child and his parents or establish an adoption relationship. In this respect, within the framework of the regulation of the Turkish Civil Code, it is possible to Decouple the bloodline based on bloodline, that is, the bloodline between the child and his biological parents and the bloodline established through the adoption relationship, within the framework of the regulation of the Turkish Civil Code.
TMK’s 282nd. the provision of the article regulated the general principles for the establishment of the family tree. In accordance with the regulation, it was stated that the kinship between the mother and the child will be established by birth (Dec. 282/1). In the second paragraph of the article, it is regulated that the kinship between the father and the child will be established by the father’s marriage to the mother, the father’s recognition of the child, or the judge’s Decisionship. In the third paragraph, in addition to bloodline based on bloodline, the adoption relationship has also been Dec as a way to establish a bloodline between the adoptee and the adoptee or adoptees.
TMK’s 282nd. in order to Decipher the relationship between the child and the mother according to the first paragraph of the article, it is sufficient to establish that the child was born to the woman who is claimed to be the mother. It is not important whether the woman who gave birth to the child is married or not to establish the lineage.
It is possible that the marriage with the mother can establish a Dec between the child and his father; both if the marriage took place before the birth of the child, and if the parents were married after the birth of the child.
If the marriage took place before the birth; 285, which regulates the paternity presumption of TMK.according to the article, the child born within three hundred days while the marriage is in progress or starting from the end of the marriage is considered to be the presumption that the father is the husband. In accordance with this presumption, a bloodline will be established between the child born within three hundred days while the marriage is in progress or starting from the Dec of the marriage and the husband in that marriage.
The refutation of the presumption of paternity is possible with the rejection of the lineage (TMK m. 286). This can be achieved by the case of denial of the soybağını (TMK m. 286). In addition, there is no way to Decimate the kinship established between the child and the father. In other words, there is no possibility of denying the lineage by flattening the father’s name with a registration correction case to be opened in the Court of First Instance. But the thing to consider here is; a case of denial of paternity is a case that provides for the elimination of the paternity of children who are covered by the presumption of paternity, and therefore benefit from the presumption of paternity. To benefit from the presumption of paternity is, without question, your husband’s paternity recorded on the log of population between big with the kids in such a situation between the husband to the establishment of paternity for the child with a determination as to whether or not a lawsuit is not a case of denial of paternity, for the purpose of correcting a registry fix is a case of the wrong record (MK m. 39). For example, the husband with another woman by his wife dogrulan son, his wife, born on the log of the population register or to end the marriage Erine born child born within three days after the three day period in the case of registered population is the case.
As for the cases of population registration correction:
Specifying changes in personal circumstances in the population register and correcting incorrect records constitute the subject of the “correction of population records” cases.”Correction of registration“ is the ”correction“ or ”modification” of a part of the population register that has been reduced to the family register (Population Regulation m.143).
35 of the Population Services Act No. 5490. according to its article, no records of population registers can be corrected unless there is a final court decision, and no commentaries can be made that will change the meaning of the records and the information they carry. However, material errors made during the registration of events in the family registers are corrected by the population directorate in accordance with the main document.
7, where the same Law regulates the personal information that must be found in the Family records. in the article, a separate family log will be kept for each neighborhood or village, and in these family logs; Of the Republic of Turkey ID number is registered city, town, village or neighbourhood with the name of the skin, family, and individual sequence number, name and surname of the person, gender, father’s and mother’s name, surname, married women with previous surnames, by place of birth day, month and year of the log record date and the date of Birth, Marriage, Divorce, paternity or the establishment of rejection, death, or loss or acquisition of citizenship made by the competent authorities of the changes occurring in your personal situation, such as corrections, religion, marital status, residential address, must be in a photo.
38 of the Population Services Act No. 5490. in the article, it is arranged that information or duplicate records that should be registered in the family registers listed in Article 7 above will be evaluated within the scope of material error, and such material errors will be corrected or completed by the General Directorate or the population directorates, even if they are in the basis document, or if they are incorrectly or incompletely registered in the population registers or not written at all (NHKUI Direction.m. 79.).
Article 80 of the Regulation on the Implementation of the Population Services Act (NHKUI). paragraph (C) according to paragraph a birth or death record to be edited according to the report, the country the minutes of a substantive error in the regulation of birth or death, and birth or death certificate should be submitted to the original; as a result of the evaluation, first name, last name, parent name, gender, place of birth, date of birth, date of marriage, date of death and on the necessary correction will be made.
If there is no material error made during the processing of the information in the supporting documents into the family registers, the correction or modification of any record of the family register can only be made by a court decision.

35 of the Population Services Act No. 5490. since the article contains the phrase “no records of population registers can be corrected unless there is a final court ruling …”, it is undoubtedly possible to request the correction of every existing record in the population register without any restrictions.
It should be emphasized that in cases related to the correction of the population registration, which is not related to the statute of limitations and the period of reduction of rights, any evidence can be appealed (YHGK, 11.2.1998 day and No. 2-87/77). In this case, official records and documents can be applied for in the case of correcting the population registration, which can be opened without depending on the statute of limitations or the period of limitation, as well as the witness can be heard. However, according to the definitions made in Article 47 of the Population Code, there is no need for a court decision for “changes” that occur in personal situations (t.K.M m. 40, Population Law m.48). In turn, it is mandatory to obtain a decision from the court to correct the “incorrect records” in the population registers (t.K.M m. 38, Population Code m.11).
At these points, the “untrue records” contained in the population register can be made in accordance with its actual situation by the “registration correction case” to be opened by their relevant persons or the Public prosecutor, which in practice is called the “population registration correction case”.
36 of the Population Code. since the article contains the phrase “correction cases related to population records …”, there is no doubt that it is possible to request the correction of every existing record in the population register without any restrictions.
As for the concrete case;
The deputy plaintiff requested and sued that the record of the defendant, who was born in 1967, be corrected and transferred to his own father and mother’s house as a result of the investigation, claiming that the record was made as if he was born in ve …, that his original parents were ve … and … and that the defendant’s record was written in his household.
It should be noted right away that since maternal Decency is established spontaneously by birth, there can be no mention of cases of paternity between mother and child. Therefore, there is no need for a provision to establish a lineage. However, a case may be raised regarding the determination of who is the woman who gave birth from the maternal side. Therefore, the fact that for any reason the child was written to the population register of another woman other than the woman who gave birth to him will not mean that Dec bloodline has been established between the child and the woman. However, the correction of the incorrect record in question will take place as a result of the registration correction case, which will be opened not by robbery cases (MK m. 39) and this case can be proved by all kinds of evidence.
In the case at hand, it is necessary to establish the relationship between the mother and the child, in other words, if the woman who gave birth is identified, the mother who gave birth to Dec defendant … should first be determined, since the relationship between the child and the woman who gave birth will be established directly.
After determining the real mother, it is possible to determine the father based on the presumption of paternity. According to the provisions of the Turkish Commercial Code, a case of denial of paternity is a case that is covered only by the presumption of paternity, and therefore refers to the elimination of the pedigree of children who benefit from the presumption of paternity. To benefit from the presumption of paternity recorded on the log of population without question her husband’s big with the kids in such a situation between the husband to the establishment of paternity between the child with a paternity determination as to whether or not a lawsuit is not a case of denial of paternity, for the purpose of correcting a registry fix is a case of the wrong record. For example, if your husband’s wife by another woman birthed the child, born from his wife, population register or log on after three days from the end of the marriage born child born within the three day period in the case of registered population is the case.
If it is determined that the mother is the real mother, in accordance with the presumption of paternity, the defendant … was born while the marriage was in progress according to the population record, in this case, as soon as he is determined as the mother, it will also be necessary to determine the father as the father. Then, according to the Law, the father is certain, and it is necessary to accept that the father is also. This is possible with the case of correction of the population register.
In addition, it is alleged that they registered the defendant in their households in violation of the law with false and misleading statements and actions, even though they knew that he and she did not have children of their own, and this was determined by the DNA done. This type of Corrections made false and misleading representations and actions in violation of the law a case of Correction of records registry and is therefore in line with the available evidence filed by the plaintiff in place while you should be decided upon the adoption of the reason for the denial has been seen towards non.
As of this moment, without regard to the principles described above, the provision in writing is invalid, appeals are accepted on the spot for these reasons, and the provision is in accordance with Article 428 of the HUMK.it was decided unanimously on 26.012017 that the DETERIORATION in accordance with the article may be requested by the parties to correct the decision within 15 days from the notification of the Supreme Court of Appeals in accordance with Article 440 / I of the HUMK, and if requested, the refund of the advance fee to the appellant.

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