Supreme Court of the Republic of Turkey
2. Legal Department
Basis: 2010/ 11536
Decision: 2011 / 16936
Decision Date: 28.11.2014
JUDICIARY DECISION
COURT: Aydın Family Court
DATE: 24.05.2010
NUMBER: Base no: 2010/70 Decision no: 2010/585
At the end of the trial between the parties, the appellant M… P… and the opposing party defendant K… C… came to the hearing on 25.10.2011, which was appointed for the hearing, after the judgment given by the local court and the above-mentioned judgment were requested to be examined by the execution of the appeal. After listening to the speeches of the attendees, it was deemed appropriate to leave the matter until after the hearing to be examined and decided. Today, all the papers in the file have been read and discussed and considered.
In the research and expert report made pursuant to Article 316 of the Turkish Civil Code, where the applicant (plaintiff) and the one who wanted to be adopted (defendant) have lived together since 1995 and the plaintiff has looked after, supervised and educated the defendant since the same date; It is understood that the claimant has been informed that the conditions for the adoption of the defendant are available, so that the conditions for the adoption of the adult person in Article 313 of the Turkish Civil Code amended by the law numbered 5399. For these reasons, it is necessary to decide on the acceptance of the case by the court; The decision to reject it in writing was inaccurate and required annulment.
CONCLUSION: It was unanimously resolved that the appealed judgment be quashed for the reasons explained above, that the appeal fee be returned to the depositor, with the possibility of rectification within 15 days from the notification of this decision. 25.10.2011 (Tuesday)
