Family Law

The Claimant's Preference and Wish in a Name-Change Action

Court: Court of Cassation of Türkiye
Chamber: 18th Civil Chamber (now abolished)
Case No.: 2007/7881 E.
Decision No.: 2007/8649 K.
Decision Date: 22.10.2007

The (now abolished) 18th Civil Chamber of the Court of Cassation ruled that, under Article 27 of the Turkish Civil Code, when assessing "justified cause" in name-change actions, the claimant's personal preference and wish must be given priority. It held that a claimant who has changed religion and requests a name suited to their newly adopted religious and cultural identity should be regarded as having justified cause, so long as this causes no harm to others, and reversed the decision dismissing the action.

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