Judicial Maturity Case

Judicial Maturity Case – Izmir Lawyer

According to Turkish law, the age of majority is 18. The concept of judicial emancipation refers to the process of declaring a person to be of legal majority through legal means. A judicial emancipation lawsuit allows an individual to be declared of legal majority by a court decision before reaching the age of 18. Article 12 of the Turkish Civil Code regulates judicial emancipation, which involves a minor who has reached the maturity to manage their own life and affairs independently. The minor can undertake this responsibility by being declared of legal majority through a judicial emancipation decision. However, certain conditions must be met for a judicial emancipation decision. Firstly, the minor's own request, the consent of their guardian, and a court decision are necessary. Secondly, the minor must be at least 15 years old, and the emancipation decision must be in the minor's best interest. If the minor is under guardianship rather than parental custody, the permission of both the guardianship and the supervisory authority will be required.

What are the conditions for a judicial emancipation case?

If the necessary conditions for a judicial declaration of emancipation are met, the competent and authorized court will issue a decision of emancipation. While these conditions have been mentioned above, it is useful to review them again. Conditions for a judicial declaration of emancipation:

• Having completed 15 years of age,
• The minor's request,
• Permission must be obtained from the guardian of the minor who is under guardianship.,
• Permission must be obtained from the guardianship and supervisory authority for the minor under guardianship.,
• The judicial decision granting legal capacity must be in the best interest of the minor.

It is possible that the minor has not yet reached the age of 15 at the time of applying to the court. What is required here is that the minor has reached the age of 15 at the time of the decision. The condition of the minor's consent is necessitated by the existence of factors closely related to their personality, such as the inability to benefit from provisions protecting legal capacity and the cessation of their parents' care and supervision obligations. Since the right to request is personal, the minor must make this decision of their own free will. The guardians will be the minor's mother and father. In this sense, the consent of both is required. The final condition, suitability in the minor's best interests, is related to the judge's discretion. Even if all other conditions are met, the judge may refrain from issuing this judicial decision on emancipation if they find it contrary to the minor's best interests.

Civil CodeAccording to article 12; "A minor who has reached the age of fifteen may be declared emancipated by the court at their own request and with the consent of their guardian."“

The Supreme Court rulings also stipulate that, in accordance with the Code of Civil Procedure No. 6100, disputes in judicial emancipation cases, which are non-contentious judicial matters, should be heard in the Civil Court of Peace.Turkish Supreme Court, 17th Civil Chamber, Case No: 2011/13317, Decision No: 2011/13407, Date: 30.12.2011Therefore, the competent courts for judicial matters are the Civil Courts of Peace.

Judicial Procedure for Cases of Judicial Maturity

First, in a judicial emancipation case, the minor's birth certificate is requested to determine whether they have reached the age of fifteen. Then, it is investigated, through witness testimony and, if necessary, expert opinion, whether the minor has any interest in the request for emancipation, and whether a loss of rights or harm would result if permission is denied. Whether the minor has the capacity to understand is determined by a doctor's report. If the judge decides on emancipation, they also determine and declare the date from which the minor is considered an adult (of legal age).

Benefits of the Judicial Maturity Case

A judicial emancipation lawsuit can be used in situations where the legal requirement of reaching the age of majority is established, such as in matters concerning the minor's best interests, education, acquisition or loss of citizenship, school applications, etc. In other words, a judicial emancipation lawsuit benefits the individual in situations where the law requires "the age of majority." Beyond this, in some cases, the law stipulates an age limit of 18 in addition to the capacity to discern and the age of majority. A judicial emancipation lawsuit does not benefit the minor in this context. This is because a judicial emancipation lawsuit does not increase the minor's age; it paves the way for them to be considered an adult under the law based on their current age. For example, a 16-year-old minor can be declared legally competent through a judicial emancipation lawsuit; however, even if declared legally competent through a judicial emancipation lawsuit, they cannot marry until they have reached the marriageable age. Judicial emancipation, in a legal sense, is a constitutive right. This means it is final and cannot be revoked.

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