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WHAT IS A PERSON?

Entities that benefit from the powers granted by law and are responsible for the obligations they impose are called persons.

WHAT IS PERSONAL LAW?

It is a sub-branch of civil law that includes arrangements for the protection of rights-bearing entities, that is, individuals, their capacity, personal status, kinship relations, relationship with the place of residence, the beginning and ending of personality. This field aims to protect the honor and value of individuals. The purpose of Personal Law is to ensure that every individual lives fairly.

MAIN ISSUES CONCERNING PERSONAL LAW

Personal law is a branch of law that regulates the marital status and relationships of individuals. We can list the main issues concerning personal law as follows:

  1. Personality Right: These are legal regulations that protect people's basic identity information such as name, surname, date of birth, and their private life.

 

  1. Civil rights: It includes the rules regulating people's rights such as property, inheritance and intellectual property.

 

  1. Marriage Law: It regulates marital issues such as marriage, divorce, property regime.

 

  1. Family Law: It regulates family relationships such as extramarital relationships, adoption, and custody.

 

  1. Will Law: It regulates how the assets of a person will be distributed after his death and the rights of the heirs.

 

  1. Extramarital Affairs: Includes issues such as extramarital partnership, engagement, and partner's rights in case of death.

 

  1. Children's Rights: It regulates issues such as children's protection, education, and custody rights.

 

  1. Inheritance Law: It regulates how the assets of a person will pass to the heirs after his death and the rights of the heirs.

 

  1. Matrimonial Property Regime: Regulates how assets will be divided during marriage; There may be regimes such as separation of property and community of property.

 

  1. Name Law: Regulates how people's names are changed and what types of names can be used.

 

  1. Protection of Personal Data: Contains provisions regarding the collection, processing and protection of personal data.

 

  1. Gender Change and Gender Identity Rights: Includes regulations regarding gender reassignment procedures and sexual identity rights.

 

  1. Death and Funeral Law: It regulates issues such as funeral procedures and inheritance in case of a person's death.

 

  1. Personal Immunity and Freedom of Expression: It regulates respect for people's private lives and freedom of expression.

Legal Consultancy

We help clients find the best solution by providing legal consultancy services in disputes related to personal law. Thanks to our expertise, past knowledge and experience, we ensure that our clients achieve fair results by protecting their legal rights.

How Does the Process Proceed?

01

Advice

As a first step, we meet with you and conduct a detailed discussion to understand your situation.
02

Legal Analysis

By analyzing your situation, we identify strengths and weaknesses and create the best strategy.
03

Legal Steps

We take the necessary legal steps and initiate the process to provide you with the best solution.
04

Negotiation and Court

We explore out-of-court solutions, conduct negotiations or manage the court process as needed.

Frequently Asked Questions

Protecting privacy rights is a priority issue in today's digital age. Below are some basic steps you can take to protect your privacy rights:

  1. Use Strong Passwords: Use strong and unique passwords for your online accounts. It is important that your passwords contain letters, numbers and symbols and are not easily guessed.

 

  1. Use Two-Factor Authentication (2FA): Two-factor authentication adds an extra layer of security to your accounts. After you enter your password, it requires an additional verification step such as a confirmation code.

 

  1. Use Trusted Devices and Networks: Be careful to use devices and secure networks that you trust, especially for your sensitive work. Try to stay away from unsafe networks such as public Wi-Fi networks

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  1. Conscious E-Mail and Communication Use: Stay away from suspicious emails and messages. Be careful not to open attachments or links from unknown senders. Use spam filters

 

  1. Manage Cookies: Regularly clear or manage cookies and online tracking tools in your internet browser. Cookies are used to track your online behavior.

 

  1. Check Privacy Settings: Regularly review the privacy settings for your social media accounts, online platforms and other accounts. Control what information can be seen by whom.

 

  1. Be Careful When Sharing Personal Information: Be careful when sharing personal information online. Avoid unnecessarily sharing sensitive information, especially your address and phone number.

 

  1. Use Reliable Software: Protect yourself from malware by installing reliable antivirus and security software on your devices.

 

  1. Track Data Breach Notifications: If the platforms or services you use notify you in case of data breaches, follow these notifications carefully and take action when necessary.

 

  1. Keep Sensitive Documents Secure: Store your documents and identification documents securely to protect your physical privacy.

 

  1. Do Your Research Carefully: Be careful when doing online research, especially when it involves your medical or personal information. Be careful to use reliable sources.

Protecting privacy rights requires ongoing effort. It requires not a single step, but a series of good habits and careful behavior. It is important to be aware of protecting your privacy in both the digital and physical world.

In order to obtain an absence decision, it is recommended that you follow the steps below:

  1. Standby time: In order to obtain an absence decision in Turkey, you must wait a legal period that requires a certain period of time from the date the missing person was last seen. This period is usually 1 year.

 

  1. Application to the Prosecutor's Office: After the waiting period ends, family members or relevant persons of the missing person go to the civil registry office and apply for missing person. The civil registry office will forward your application to the prosecutor's office.

 

  1. Prosecutor's Office Investigation: The prosecutor's office conducts an investigation after receiving the application for absence. During this investigation, scenarios such as the death of the missing person or going abroad are examined.

 

  1. Advert: If the application for absence is accepted, the prosecutor's office may request that the decision of absence be announced. This announcement announces that the missing person is missing and that those who provide information should provide information about it.

 

  1. Court Application: After the announcement period ends, the prosecutor's office applies to the court for an absence decision. The court will make a decision after evaluating the arguments of the prosecution and those concerned.

 

  1. Absence Decision: When the court decides on absence, the missing person is officially considered missing. In this case, legal regulations are made on issues such as management of the missing person's assets and inheritance.

Presumption of Death: In the absence of conclusive evidence of a person's death, the assumption that that person is dead for a certain period of time is called "presumption of death". In this case, the person is considered officially dead and the date of death is determined. The presumption of death is generally used in cases of disappearance or for people lost in an accident. However, the presumption of death is not a judicial decision to prove whether the person is actually dead or not.

Presumption of Joint Death:The presumption of joint death is used in cases where more than one person dies as a result of the same event or series of events, and it is not possible to determine the order in which these people died. For example, if the mother and father die at the same time as a result of an accident, it is legally assumed that both people died at the same time, since it cannot be determined which parent died first. This presumption is used in cases such as inheritance law.

Rights Capacity: Legal capacity refers to a person's ability to have legal rights. In other words, it is the ability of an individual to have rights and obligations within the framework of the law. Everyone has a birthright. This means that the individual has fundamental rights (e.g. right to property, freedom of expression, etc.). However, for certain situations or ages, the law may impose some restrictions.

Capacity to Act: Capacity to act refers to a person's ability to perform legal actions. This refers to a person's capacity to take legal action within the framework of laws and social norms. Capacity to act is generally granted to people who have reached adulthood. However, for minors or those with legal restrictions, the capacity to act may be restricted or restrictions may be imposed on certain transactions.

In summary, legal capacity refers to the person's ability to have fundamental rights, while action capacity refers to the person's ability to perform legal actions. Both concepts are one of the basic principles of law and play an important role in legal relations.

 

We can summarize the steps you need to follow to file a name change case as follows:

  1. Preparing Required Documents: You will need to prepare the necessary documents for the name change case. These documents may include items such as your identity documents, civil registry copy, statement regarding name change.

 

  1. Preparing a Case Petition: You will prepare your petition with the help of your lawyer or legal advisor. You will need to clearly state the reasons and request for name change in the petition.

 

  1. Application to Court: An application is made to the local courthouse with the prepared petition. If the application is accepted, the process of filing the lawsuit officially begins.

 

  1. Hearing: The court will set a hearing date to consider the application. At the hearing, you may need to testify about the reasons for your case and your requests.

 

  1. Court order: The court announces its decision after the hearing. If your name change request is accepted, your new name will be officially determined by court decision.

 

  1. Application to the Population Directorate: After receiving the court decision, you will need to go to the civil registry office and apply to officially change your new name. The civil registry office completes the necessary procedures and ensures that your new identity documents are issued.

 

  1. Informing Other Institutions: After you receive your new name, you may need to inform relevant institutions and people such as banks, schools, and workplaces about your new name.

It is important to comply with local laws and procedures when following these steps. Additionally, getting professional help during the process of filing a name change case will ensure that the process goes smoothly and quickly.

Need help?

Hunting. Work with Tolunay Uğur

Atty., an expert in Personal Law. Tolunay Uğur is pleased to present you our legal experience. We are here to find you the best solution and protect your fundamental rights.

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