REGULATION FOR IMPLEMENTATION OF CIVIL REGISTRATION SERVICES (Article 17, 39 and 40)

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In accordance with the decision made with the Presidential Decree numbered 2505, Regulation For Implementation Of Civil Registration Services entered into force by publishing in the Official Gazette on 9 May 2020.

The enforcement of the ”Regulation For Implementation Of Civil Registration Services” was decided in accordance with the provisions of the Turkish Civil Code Numbered 4721, the Population Services Law Numbered 5490 and the Turkish Citizenship Law Numbered 5901, and the Articles 258 and 537 of the Presidential Decree Numbered 1.

With the enactment of the Regulation, the Regulation on the Implementation of the law on the civil registration services, which was enacted by the Council of Ministers’ decision dated 29 September 2006, was repealed.

Article 17 of the Regulation For Implementation Of Civil Registration Services concerns the determination of the application authority for the and the procedures to be performed regarding hidden population.

According to the definition specified in paragraph jj of the Article 4 of the Regulation; Persons who have not been registered in family registers for any reason until until they have completed their 18 years of age and have no citizenship ties with the foreign state are defined as the hidden population.

In accordance with Article 17 of the Regulation; Persons who have not been registered in family registers for any reason until they have completed their eighteen years of age and have no citizenship ties with a foreign state; If their mother or father died, it is stated that they will gain Turkish citizenship by registering in the family registers if they present a medical report (if any) showing their relativity with their siblings.

The application authority for registration to the family registers with the claim that they are a hidden population are governorships in provinces and district governorships in districts.

The procedures and principles regarding the identification and registration of the hidden population are determined by the General Directorate.

Articles 39 and 40 of the Regulation For Implementation Of Civil Registration Services deal with subjects of presumption of death and absence.

Presumption of Death

According to the definition stated in Article 31 of the Turkish Civil Code; If a person disappears under the circumstances where there is a definite indication of a death even if the body is not found, then he/she is regarded as deceased. This situation is called presumption of death.

In accordance with Article 39 of the Regulation;  In case the official documents related to the event are submitted upon the written application of a person or his / her siblings, if they do not have these, their inheritors, or if the competent authorities inform the civil registry with the official letter, it has been stated that the decease incident will be registered in the family registry with the approval of the administrative authority.

With the registration of the decease incident, the person is regarded as deceased and will produce all the terms and consequences of death. 

Absence

According to Article 32 and 33 of Turkish Civil Code;  Where a person disappears under risk of death, or there is a presumption about death of a person who does not appear for a long time, the court may declare this person absent. In order to assert judgment for absence, at least one year should pass as of the presumed death, or expiry of five years period is required as of the date of last indication is received about the existence of that person.

In accordance with Article 40 of the Regulation; Where a person disappears under risk of death, or there is a presumption about death of a person who does not appear for a long time, the court may declare this person absent upon claim of the persons having vested interest in such death.

The absence decision given by the court is registered in the relevant person’s registration. Absence has the legal consequences of Death.

It is also stated that the spouse of the person who is absent cannot remarry unless the court decides to terminate the marriage.

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