The use of the parental right

With the present thesis study, the concept of guardianship had been defined by determining its characteristics, and the use of the parental rights from the point of view of the child himself and from the point of view of the properties had been explained. The precautions that are required to be taken from the point of view of the protection of the child and his properties and the removal of the guardianship are also subjects that are included in the context of the present study. Guardianship is the rights and obligations that are provided for the mother and the father for the growing up, the education, the representation, and the management of the properties of a child. The guardianship belongs only to the mother and the father and is exercised together by the mother and the father. The guardianship is dependent on the person completely, it can not be assigned to others, it can not pass on to another generation by way of inheritance, and it can not be waived. The use of the parental rights are not unlimited for the mother and the father. The limitation is the principle of equanimity. The freedom of the child is going to be limited by the mother and the father that are exercising their parental rights with the use of the principle of equanimity. In case the mother and the father do not exercise the guardianship of the child in the required manner, certain precautions are being taken for the child himself and his properties. In case there are no other remedies for the protection of the child exist, or in case it has been understood that the other precautions to be taken are not going to provide solutions; it is decided for the annulment of the parental rights from the mother and the father or only one of the parents with the verdict of a court of law. Failing to undertake the duties of guardianship in the required manner and the lack of interest by the parents in the child and their neglecting behaviours are the grounds for the annulment of guardianship. The grounds that have been mentioned within the Turkish Civil Code do not have a limiting character. The remarriage of the mother and the father does not constitute enough grounds for the annulment of the guardianship. In case the interests of the child require to do so; the remarriage of the mother and the father is accepted as grounds for the annulment of the guardianship.Key Words:1.Guardianship2.The child himself3.The properties of the child4.The protection of the child5.The annulment of the guardianship.