Personality can end in two ways. These are death and absence.
1- DEATH
Detection of Death: According to Turkish civil code 28/1, personality ends with death. While the rights that are closely tied to the person disappear, other rights pass to his heirs by inheritance. With the dissolution of the personality, new rights cannot be acquired because the entitlement has also ended. There are two different types of death, biological and brain death, in determining the subject of death.
Proof of Death: According to the Civil Code 29/1, the person claiming that a person is alive or dead is obliged to prove it. Personal status logs are available for these when doing so. If the inaccuracy or absence of information in this register is claimed, it can be proved with all kinds of evidence.
Presumptions: There are also presumptions used to prove death. They are presumptions of death and death together.
-Presumption of Death: It can be used when there is no doubt that the person is dead, but the body is not found. For example, if a passenger plane explodes, there is a presumption of death. According to Article 31 of the Turkish Civil Code, a person who, according to his life experiences, goes missing and cannot be found, is considered dead. With the demise of the death record, the consequences of that death come.
-The Presumption of Death Together: The important thing in this presumption is not that the corpse cannot be found, but that the exact time of death of the deceased is not known. There are more than one person whose death cannot be determined. Those who die with this presumption are considered to have died together. Here, for example, while the first deceased in the spouses is the heir to the other, if there are no common children on the presumption of death, the second group passes to their heirs.
Body Status: The bodies of the deceased do not have any rights, but their relatives have the right to personal rights over the body of the deceased. Damages done to the corpse are deemed to have been done to their personality. Relatives can also file lawsuits.
2- OBJECTION: In some cases, the situation of people does not count death as a presumption, but leaves doubts about whether they are dead or alive. Here, people must have disappeared in great danger of death or have not been heard from for a long time.
An example of disappearing in danger of death would be a soldier lost in battle.
If there is no news for a long time, there should be doubt whether the person is alive or not. Therefore, not being able to hear from someone who goes to another country to work and does not have the habit of speaking is not included in this. If this person is in regular communication and suddenly cut off the relationship, this lawsuit can be filed. If the person has disappeared with the danger of death, a lawsuit can be filed after 1 year, or after 5 years due to lack of news for a long time. Spouses, heirs or those who have a will in their favor can file this lawsuit.
The person whose disappearance is decided is not dead or alive. The person’s property passes to his heirs. Likewise, those who claim the opposite of absence are obliged to prove it.
