The place and importance of capacity to ACT reports in notary proceedings

Summary In the study, the evaluation of the topics was done that a total of 133 transactions and supporting reports organized by Balikesir İvrindi Noterliği between the dates 01.01.2009 - 01.01.2015 for the persons between the ages of 60-100 who have been verified to be verifiable by the report are examined and the results of the actions whether the notarized letter was sent by the notary, whether the given report was given by whom and how it was arranged, whether the report was compatible with the transaction or not. Suggestions have been made for the prevention of possible future disputes by discussing the deficiencies that are thought to exist in this direction. All of the 133 transactions within the scope of the study are the same as the date of the report and the transaction date, it was stated that all of the transaction contents made with the report support have the date and with number that of the interested party has the capacity to transaction with this report and the transaction was added to the original. In case of the people do not have the capacity in transactions who report was given that have not been included in the scope of the work subject when a notice is given to the guardianship office in accordance the article 405 of the Civil Code. Working subject was done that the quality of 133 transactions in total that the socio-demographic characteristics and reports of the people who carried out the transaction has been examined, the information have been recorded and the evaluation of the data that have been analyzed using the SPSS 23 statistical software package. As the age progresses, there is an increase in the number of transactions made with the report support, predominantly illiterate and a report is received for the people living in the village, the quality of the transactions carried out by the report support, intended for the In the study, the evaluation of the topics was done that a total of 133 transactions and supporting reports organized by Balikesir İvrindi Noterliği between the dates 01.01.2009 - 01.01.2015 for the persons between the ages of 60-100 who have been verified to be verifiable by the report are examined and the results of the actions whether the notarized letter was sent by the notary, whether the given report was given by whom and how it was arranged, whether the report was compatible with the transaction or not. Suggestions have been made for the prevention of possible future disputes by discussing the deficiencies that are thought to exist in this direction. All of the 133 transactions within the scope of the study are the same as the date of the report and the transaction date, it was stated that all of the transaction contents made with the report support have the date and with number that of the interested party has the capacity to transaction with this report and the transaction was added to the original. In case of the people do not have the capacity in transactions who report was given that have not been included in the scope of the work subject when a notice is given to the guardianship office in accordance the article 405 of the Civil Code. Working subject was done that the quality of 133 transactions in total that the socio-demographic characteristics and reports of the people who carried out the transaction has been examined, the information have been recorded and the evaluation of the data that have been analyzed using the SPSS 23 statistical software package. As the age progresses, there is an increase in the number of transactions made with the report support, predominantly illiterate and a report is received for the people living in the village, the quality of the transactions carried out by the report support, intended for the removal of assets, that of the transaction of organizing the power of attorney was predominantly made by women concerned, that of gender differences were affected the quality of the transaction being performed but there is no evidence that of the gender difference between who was made transaction in the same quality affects the demand for the report, the age range and possible life span were affected the quality of the transaction made, education is the factor in the quality of the transaction performed, reports are often provided from the hospital and are organized by physicians specializing in internal medicine,the quality of the notary transaction to be made in none of the reports was not mentioned, that from the findings and evaluation of the doctor was deprived of the reports, was filled in the blank of the part of the name and surname of the previously printed papers and even that was edited with the barcode of the health institution without filling even of these parts, review subject was for 133 transaction organized that there was a report request letter of notary for 12 of the reports there was not found of the demand letter for 121 reports, there is no photo in any of the demand letters, was mentioned from old age situation in 2 of the demand letters of notary that it was determined that other reports did not mention the findings that caused the report to be necessary. Advanced age affects the ability to perceive disturbances that worsen the mental state and consequently the legal meaning and consequences of the act. Again that of people do not know to read and write, continuing village life also affects the ability of people to perceive the legal meaning and result of the transaction.For these reasons, the notary will ask the necessary questions according to the quality of the transaction, such as elderly and illiterate, low educated and continuing village life, as well as the whole transaction and explain the result of the transaction. In the case of doubt and notification, they will take a physician report on whether or not they have the capacity to act. The physician reports should include the medical-psychiatric story of the person, the detailed examination findings and the evaluation of the physician and should be arranged to carry the photograph of the person. And, as you can see, the person should be guided to specialist physician.When is observed which situations assets, that the report should be taken from which expert is not open in the law. Notary writings for the request of the report, the suspicious situations observed and, if any, the content of the notice should be detailed and photographed. All identified deficiencies must be eliminated by legal regulations.