Aile Hukukunda Kişiye Sıkı Sıkıya Bağlı Haklar

Abstract

Strictly personal rights are considered as rights where the individual acts based on emotional motives and, if having mental competence, is required to personally express the intention to exercise the right. Article 16 of the Turkish Civil Code provides that minors and restricted individuals with mental competence do not require the consent of a legal representative to exercise strictly personal rights. However, in addition to this general provision, the code specifically requires the consent of a legal representative for certain strictly personal rights. Moreover, since strictly personal rights generally oppose representation, they result in consequences that lead to a lack of capacity to have rights for individuals who lack mental competence. Although various classifications have been proposed to address this issue, the problematic aspects of the subject, particularly those concerning legal representation, appear in differing opinions within legal scholarship and judicial practice. In this study, the concept of strictly personal rights is examined within the framework of fundamental family law rights. Initially, the concept, characteristics, and consequences of strictly personal rights are analyzed. Subsequently, different classifications and evaluations based on types of capacity to act are discussed. Finally, the twenty-seven fundamental strictly personal rights in family law are specifically examined.