Master'sOpen Access

Rules of procedure of the courts of first instance on cases on the denial of paternity

2020
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Advisor: Dr. Öğr. Üyesi Cengiz Serhat Konuralp

Abstract (EN)

The denial of paternity is regulated by specific rules on its right of action, term of litigation, burden of proof, and rules of procedure. These cases are considered to be related to public order. Therefore, the rules of the law of civil procedure, which are guided by the principle of party disposition and the principle of the production of evidence by the parties, are not directly applicable to those cases. Rather, the principle of ex officio examination prevails. In this regard, the litigation on the denial of paternity should be distinctively examined in accordance to its specific rules. For this purpose, this inquiry aims at ascertaining how to proceed in cases ascertaining how to proceed in cases on the denial of paternity by analysing the rules of procedure in the courts of first instance in these cases. Firstly, the concepts of paternity and the denial of paternity are briefly explained along with the analysis of the proceedings in the cases on the denial of paternity. This analysis focuses on the essential issues for proceedings such as the determination of the type of case, jurisdiction, venue of jurisdiction, parties, and term of litigation. Secondly, the rules of the law of procedure and legal principles related to cases on the denial of paternity are discussed. Lastly, the procedural stages of the courts of first instance on these cases are analysed in depth. Throughout this inquiry, different views in the doctrine and supreme court practice on the issue are considered. Keywords: Denial of Paternity, Public Order, the Principle of Ex Officio Examination, Rules of Procedure of the Courts of First Instance

Author

Dr. Sinem Tarım

How to Cite

Sinem Tarım (Master Thesis). Rules of procedure of the courts of first instance on cases on the denial of paternity, 2020, İstanbul University.

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