Türkiye Barolar Birliği Dergisi 163.Sayı

192 .X]H\ .ÕEUÕV 7Uk &XPKXUL\HWL +XkXkXnda 6R\adÕnÕn .a]anÕOPaVÕ YH 'H÷LşWLULOPHVL social order. In this study after explaining the concept of surname and its legal nature, the historical development of surname in Turkish Republic of Northern Cyprus Law (TRNC) Law is briefly analyzed. The legal nature of the concept of surname is briefly mentioned in the study after the historical development of surname in TRNC Law. The TRNC Law regulates the acquisition and change of surnames in accordance with Law No 16/1974 titled The Turkish Community Surname Law, which came into effect during the Cyprus Temporary Turkish Administration in 1974 and was included among the legislation to be applied in TRNC Law in accordance with temporary Article 4 of the TRNC Constitution. According to TRNC Law, the surname can be acquired through paternity, marriage, administrative decision, or choice. The Family (Marriage and Divorce) Law No 1/1998 resolves the surnames of the spouses and the surnames of the children born in wedlock. Since the determination of the surname of the child born in wedlock and the determination of the surname of the child born out of wedlock are not subject to the same legal regulations, first, the provisions of Family Law No 1/1998 pertaining to determination of the surname of a child born in wedlock were examined and then the provisions of “The Law on Children Born out of Wedlock” numbered 21/2021 which entered into force on 26th of November 2021 that regulates the legal status of children born out of wedlock, are discussed in comparison with the Turkish law and international documents. Regarding the determination of spouses’ surnames following the establishment and the dissolution of marriage, radical amendments are made in in Family Law in 2015, 2019 regarding the determination of the spouses’ surnames. Moreover, the issues of determining the surname of an adopted child as a result of adoption, determining the surname through administrative decision, and determining the surname through choice are addressed in this study. In addition, the study discusses the provisions in the TRNC Law regarding changing one’s surname by citing judicial decisions. Keywords: TRNC Law, Obtaining a Surname, Spouse’s Surname, Child’s Surname, and Change of Surname Giriş Ad, kişiyi toplumda diğer kişilerden ayırmaya yarayan bir tanıtım aracı, bir işarettir.1 Kişileri belirleyen ve aile bireylerini birbirlerinden ayırmaya yarayan ada öz ad denir. Aynı aileden gelen bireyleri, diğer 1 Mustafa Dural/Tufan Öğüz, Türk Özel Hukuku C. II, Kişiler Hukuku, 18. Bası, Filiz Kitabevi, İstanbul 2017, s. 165; Kemal Oğuzman/Özer Seliçi/Saibe Oktay Özdemir, Kişiler Hukuku, 16. Bası, Filiz Kitabevi, İstanbul 2016, s. 110; Ahmet M. Kılıçoğlu, Medeni Hukuk, 3. Bası, Turhan Kitabevi, Ankara 2019, s. 44; Hayrunnisa Özdemir, “Türk ve İsviçre Medenî Hukukunda Ad Üzerindeki Hak ve Korunması”, Ankara Üniversitesi Hukuk Fakültesi Dergisi, Ankara 2008, C. 57, S. 3, s. 564; Burak Özen, “Soyadının Soybağı Yoluyla Kazanılması ve Bu Yolla Kazanılan Soyadında Değişiklik Yapılması”, Marmara Üniversitesi Hukuk Fakültesi Hukuk Araştırmaları Dergisi, İstanbul 2020, C. 16 S. 3, 4, s. 171.

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