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Correction Case of Civil Registration in Turkey

What is a Civil Registration Correction Lawsuit and What is its Purpose?

Regulated under Article 36 of the Civil Services Law No. 5490 of Turkey, a civil registration correction lawsuit is filed for the purpose of correcting erroneous or incorrect civil records. This lawsuit is usually opened due to material errors made by civil directorates in Turkey, such as correcting legal relationships like lineage, and aims to clarify the legal statuses of the parties involved.

Under What Circumstances Can a Civil Registration Correction Lawsuit be Filed?

A civil registration correction lawsuit can be filed to correct inaccuracies in personal information (such as name, surname, date of birth, and parent names). This lawsuit is used to ensure the correction of registered information to accurately reflect the person’s legal status and identity details in Turkey.

What Errors in the Civil Registration Can Be Corrected?

Errors in the civil registration that can be corrected include basic personal information such as name, surname, date of birth, and parent names being recorded incorrectly. These types of errors are significant inaccuracies that can directly affect the legal status of the individual and are grounds for filing a lawsuit in Turkey.

How Long Does a Civil Registration Correction Lawsuit Take?

The duration of such lawsuits in Turkey can generally be lengthy, and the time frame varies depending on the complexity of the case and the workload of the local courts. It is difficult to provide a general timeframe, but it can range from several months to several years.

Is There a Statute of Limitations for a Civil Registration Correction Lawsuit?

There is no statute of limitations or prescriptive period for civil registration correction lawsuits in Turkey. Lawsuits can always be filed based on the claim that the information in the civil registration does not reflect the truth.

In Which Court Is a Civil Registration Correction Lawsuit Filed?

A civil registration correction lawsuit is filed in the Civil Court of First Instance in the jurisdiction where the individual’s civil registration is located in Turkey.

Who Can File a Civil Registration Correction Lawsuit?

A civil registration correction lawsuit can be filed by the person who is the victim of the error or mistake. In addition, the victim’s guardian or custodian (if the victim is not of legal age or has limited legal capacity) and heirs can also file this type of lawsuit in Turkey. Particularly, heirs have the right to file such lawsuits because inaccuracies in the civil registration can affect their inheritance rights.

Can Heirs File a Civil Registration Correction Lawsuit? Under What Conditions?

Yes, heirs can file a civil registration correction lawsuit in Turkey. For heirs to be able to file a lawsuit, the presence of an incorrect or erroneous civil registration must directly affect their inheritance rights or adversely impact their legal status.

Who Can Be Defendants in a Civil Registration Correction Lawsuit?

Defendants in a civil registration correction lawsuit are typically the civil directorates, as they are the authorities responsible for correcting wrong or erroneous information in Turkey. Additionally, individuals who caused the incorrect registration or other related parties benefiting from this record can also be listed as defendants.

How Is a Civil Registration Correction Lawsuit Filed?

A civil registration correction lawsuit is filed with a petition to the relevant Civil Court of First Instance in Turkey. The petition must detail the information in the civil registration that needs correction and the reasons for this correction request. The lawsuit process includes the stages of presenting evidence, hearings, and the court decision.

Is It Mandatory to Hire a Lawyer for a Civil Registration Correction Lawsuit?

It is not mandatory to hire a lawyer for civil registration correction lawsuits in Turkey; however, due to the complex nature of legal processes and the need for legal knowledge to correctly address the inaccuracies, hiring a lawyer is recommended.

Is Mediation Applied in a Civil Registration Correction Lawsuit?

Mediation is generally not applied in civil registration correction lawsuits in Turkey, as these types of cases typically involve administrative processes and require official corrections, which are conducted through judicial decisions.

What Documents Are Required for a Civil Registration Correction Lawsuit?

Documents required for a civil registration correction lawsuit include an identity card, a copy of the civil registration showing the incorrect records, official documents verifying the information to be corrected (such as birth certificate, marriage certificate, etc.), and if applicable, other related legal documents in Turkey.

What Are the Similarities and Differences Between a Civil Registration Correction Lawsuit and a Paternity Dispute Lawsuit?

A civil registration correction lawsuit and a paternity dispute lawsuit are similar in that they both relate to civil records; both types of lawsuits aim to correct

these records. However, a civil registration correction lawsuit can always be opened for correcting material errors such as name, surname, or date of birth and has no time restriction in Turkey. In contrast, a paternity dispute lawsuit is opened for disputing the paternity of a child born out of wedlock and can only be filed by specific individuals within certain statutory periods, making it a more limited and specific type of lawsuit.

Is a DNA Test Mandatory in a Civil Registration Correction Lawsuit?

A DNA test is not always mandatory in civil registration correction lawsuits. However, if proving issues like lineage or paternity is involved, the court in Turkey may require a DNA test as evidence.

To What Extent Are Evidence Such as DNA Tests Considered Valid in Correcting Untrue Information in Civil Records?

Scientific evidence like DNA tests is very strong and generally considered conclusive evidence in correcting untrue information in civil records in Turkey. Especially in cases where paternity or kinship relationships need to be proven, DNA test results are highly regarded by courts as reliable evidence.

Is It Possible to Correct the Civil Registration of a Deceased Person? Who Can File This Lawsuit?

Yes, it is possible to correct the civil registration of a deceased person in Turkey. Such a correction is usually carried out for purposes such as inheritance proceedings, surname corrections, or correcting other inaccurately recorded information. The lawsuit can be filed by the heirs of the deceased person or other stakeholders whose legal rights are affected.

How Are Civil Records of Foreigners Corrected in Turkey?

The correction of civil records of foreigners in Turkey is applicable to foreigners who have obtained a residence permit or citizenship in Turkey. Correction procedures are carried out by civil directorates in Turkey, based on official documents provided by the foreigner and other necessary legal processes.

How Is Civil Registration Corrected After an Adoption?

Following an adoption, the correction of the civil registration involves updating the adopted child’s new family information in Turkey. This process is carried out by notifying the civil directorate with the relevant family court decision after the adoption decision is finalized. Changes in the child’s name, if any, surname changes, and other information about the new family are recorded in the civil registry.

How Are Gender Correction Lawsuits Filed in Civil Registration?

Gender correction lawsuits in civil registration are filed to correct the civil record according to the individual’s gender identity in Turkey. This lawsuit requires the application of the individual and usually a health board report. The court evaluates the medical and psychological documents presented and decides on the necessary correction in the civil record. The lawsuit is filed in the Civil Court of First Instance where the individual’s residence is located.

Which Civil Directorate is Authorized in a Civil Registration Correction Lawsuit?

The authorized civil directorate in a civil registration correction lawsuit is generally the one where the individual’s civil record is located or where they were last registered in Turkey. This could be the civil directorate where the individual’s record was made.

How Is the Decision from a Civil Registration Correction Lawsuit Notified to Other Official Institutions?

The decision on correcting the civil registration, once finalized by the court, is notified to the relevant civil directorate in Turkey. The civil directorate processes this decision into the system, updates all necessary official records, and shares them with other related institutions.

What Legal Actions Can Be Taken if a Person Has Two Different Civil Records?

If a person has two different civil records, a civil registration correction lawsuit can be filed in Turkey. A petition is submitted to the relevant court to correct the erroneous or incorrect records. During this process, necessary documents and evidence must be presented to prove the existence of the incorrect record and the correct information.

Is It Legal to Register an Adopted Child with a New Identity in the Civil Records?

Registering an adopted child with a new identity in the civil records is legal if the adoption process is officially and legally completed in Turkey. However, a record made before the completion of the adoption process or through illegal means is not legal and must be corrected.

What Documents and Evidence Are Required for Correcting Civil Records?

Documents required for correcting civil records include a birth certificate, identity card, adoption documents, court decisions, and if available, other official documents that can verify the incorrect record in Turkey. Additionally, witness statements and expert reports can also be used as evidence.

How Are Issues Related to a Civil Record that Arises After the Death of a Biological Father Resolved?

Issues related to a civil record that arise after the death of a biological father are typically encountered in inheritance and identity verification matters in Turkey. Such situations can be resolved by legal means, such as correcting the civil record or clarifying the status of inheritance. A petition can be filed with the court, presenting necessary documents and evidence to request correction of the situation.

How Is the Inheritance Right of a Person with Duplicate Civil Records Affected?

The inheritance right of a person with duplicate civil records can become complicated due to discrepancies between the records in Turkey. This situation can obscure the rights of the individual to claim inheritance on certain properties. Before any legal correction is made, the individual’s true identity and inheritance rights should be clarified.

What Criminal Procedures Can Be Applied to Those Who Provide Misleading Information in Civil Records?

Those who provide misleading information in civil records may have committed the crime of “Forgery of Official Documents” according to the Turkish Penal Code. This situation can result in criminal sanctions such as imprisonment or fines in Turkey. Additionally, the use of misleading information in official procedures can lead to more severe penalties.

Which Parties Need to Be Involved in the Lawsuit Process for the Cancellation or Correction of a False Civil Record?

In the lawsuit process for the cancellation or correction of a false civil record, all parties directly related to the disputed record need to be involved in the lawsuit in Turkey. These parties are typically the person recorded, individuals who were incorrectly or fraudulently recorded, and other heirs or rights holders affected by the legal consequences of these records.

In a Cancellation/Correction Lawsuit Against a Civil Directorate, Should Other Heirs Recorded in the Civil Record Be Listed as Defendants?

Yes, other heirs recorded in the civil record should generally be listed as defendants because they can claim rights over the accuracy and validity of the record in Turkey. This ensures that the results of the lawsuit are fair and legally binding for all involved parties.

What Evidence Can Be Presented in Correcting a False Civil Record, Especially When There Is No Birth Report?

In correcting a false civil record, alternative documents such as witness statements, medical records, school records, and any available official documents can be presented as evidence in Turkey. In cases where there is no birth report, other official documents and expert reports supporting the individual’s birth and identity details can be used.

What Legal Actions Can Be Taken in a Case Where a Civil Record Is Alleged to Have Been Made with a Fake Identity?

In cases where a civil record is alleged to have been made with a fake identity, a criminal case related to forgery can be opened in Turkey. Additionally, a civil lawsuit must be filed to correct the civil record. This process involves correcting the wrong or fake information and implementing legal sanctions.

In a Civil Record Lawsuit, Are Real Heirs Required to Present Themselves as Plaintiffs?

Real heirs are not required to present themselves as plaintiffs in civil record correction lawsuits, but it is recommended that they file a lawsuit if they wish to protect their rights and clarify their legal statuses in Turkey. Since errors in civil records can significantly affect inheritance rights, actively participating in such cases is usually beneficial.

How Does the Involvement of a Father’s Consent Affect the Outcome of a Lawsuit Concerning a False Civil Record?

The involvement of a father’s consent in creating a false civil record is a significant factor in the lawsuit process. This situation indicates that the record intentionally contains misleading information, and the court considers the father’s intentions and actions when evaluating this information. The outcome of the lawsuit can lead to decisions aimed at canceling the record created through illegal means.

What Legal Processes Should Be Followed for the Cancellation of a Child’s Registration in Inheritance Cases Involving a False Civil Record?

In inheritance cases involving a false civil record for a child, a civil record correction lawsuit should first be filed. Plaintiffs must present evidence that the record is incorrect or misleading, support their claims with witness statements, and if necessary, DNA tests. Based on the evidence presented, the court can cancel the civil record.

How Are the Inheritance Rights of Individuals with False Civil Records Affected, and Can Compensation Be Claimed in Such Cases?

The inheritance rights of individuals with false civil records remain uncertain until the record is corrected. Individuals who suffer loss of rights due to incorrect records can claim compensation for the damages incurred in Turkey. Compensation generally provides financial redress for regaining legal rights or lost opportunities.

Is the Presence of a Civil Director Mandatory in Civil Record Correction Lawsuits?

According to Article 36 of the Civil Services Law, the presence of a civil director or a civil officer is mandatory in court during civil record correction lawsuits. Trials conducted and decisions made in the absence of these officials are not legally valid in Turkey.

What Types of Lawsuits Can Be Filed If the Names of Parents Registered in the Civil Do Not Reflect the Truth?

1 – Two types of lawsuits can be filed if the names of parents registered in the civil do not reflect the truth:
– Lawsuit for correcting civil records based on false declarations
– Paternity lawsuit

2 – What Claims

Are Made in These Lawsuits?
– The claim that the child was not born from the woman listed as the mother in the record
– The claim that the person listed as the father in the record is not the genetic father

How Does the Presumption of Paternity Work If It Is Determined That the Registered Mother Is Not the Real Mother?

If it is determined that the registered mother is not the real mother, the presumption of paternity works in the opposite direction, and the paternity status of the “registered father who is not the husband of the genetic mother” is nullified.

What Happens If the Genetic Mother Was Married at the Time of the Child’s Birth?

If the genetic mother was married at the time of the child’s birth, the presumption of paternity under Article 285 of the Turkish Civil Code causes the husband of the genetic mother to gain the status of father.

What Lawsuits Can Be Filed If the Genetic Mother Was Not Married at the Time of the Child’s Birth?

If the genetic mother was not married at the time of the child’s birth:
– A lawsuit for “correcting civil records based on false declarations” can be filed on behalf of the mother.
– A “paternity lawsuit” can be filed on behalf of the genetic father.

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