Same Person Identification Lawsuit in Turkish Law
Same Person Identification Lawsuit, emerges as an important legal issue especially in the processes of dual citizenship or registration of foreign identity information. This type of lawsuit aims to determine that multiple identities or citizenship information belong to the same person in cases where a person has more than one identity or citizenship information.
Legal Basis of the Lawsuit
The Turkish Civil Code and Population Services Law provide the necessary legal framework for correcting or registering a person’s identity information. In particular, according to Article 35 of the Population Services Law, no record in the population registers can be changed without a finalized court decision. In this context, the determination of being the same person is also a process that can be achieved by court decision.
Lawsuit Process
In a same person identification lawsuit, the information of the person in different identities is combined and registered by the decision of Turkish courts. For example, if a person is both a Turkish citizen and a citizen of another country, it is necessary to determine that these identities belong to the same person. This determination decision is presented to the relevant administrative units to ensure that the person’s identity information is correctly included in the population register.
Case Study
On 20.07.2011, the plaintiff’s attorney filed a petition against the defendant requesting correction of identity information in the land registry. In the lawsuit petition, it was claimed that the identity information of the client in the land registry was written incorrectly, but with the correction statement dated 29.03.2012, it was stated that the identity information of the land registry owner was the same in the land registry and population registry, but transactions could not be made in the land registry due to the difference in the date of birth in the land registration minutes. The plaintiff’s attorney requested the determination that the land registry owner and their client were the same person.
The defendant administration’s attorney defended the dismissal of the case; the court ruled that there was no need to make a decision as there was no subject matter of the lawsuit. However, upon the appeal of the plaintiff’s attorney, the Court of Cassation emphasized that in the case of correcting the identity information of the land registry owner, the errors in the documents based on registration should be corrected by the administration, and in this specific case, the difference in the date of birth of the land registry owner should be corrected. Therefore, the court’s decision was overturned.
FOURTEENTH CIVIL CHAMBER Case: 2012/13405 Decision: 2012/13917 Date: 29.11.2012
Conclusion
The same person identification lawsuit is a legal mechanism used especially in cases of multiple citizenship or when different identity information needs to be combined. Courts generally review the decisions of administrative authorities in such cases and, if necessary, make decisions to correct identity information.
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Same Person Identification Lawsuit in Turkish Law
