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The General Council of the Supreme Court of Appeals reversed the local court’s decision, which removed alimony from their father’s unemployed college graduates. The Board decided that it was an obligation for the father to help his poor son, accepting that the unemployed young man with a college degree should continue his education in the Public Personnel Selection Examination (KPSS) course.
A father in Ankara sued for the withdrawal of alimony for his unemployed 25-year-old daughter. Claiming that his daughter graduated from the Department of Biology at Ankara University’s Faculty of Sciences in June 2013 and that she did not need his help because she completed her education and had the means to survive, the father requested that it be removed. alimony as of May 20, 2013, when her daughter turned 25.
The defendant girl, for her part, claimed the rejection of the case, arguing that she could not find work after graduating, she still attends the KPSS course and therefore needed her father’s help.
THE DECISION OF THE LOCAL COURT ‘THERE IS WORK AND OPPORTUNITY TO WORK’
The Fourth Family Court of Ankara accepted the case and abolished alimony, effective January 10, 2014, when the case was opened.
Judging that the girl graduated from Ankara University, Faculty of Sciences, Department of Biology and has the opportunity to find a job and work in terms of her school and profession, the court said: “Professionals who do not work while they have the opportunity to find a job they cannot be entitled to pay alimony in accordance with Article 364 of the Turkish Civil Code. To be eligible for alimony, education must continue after adulthood. “
‘THERE IS NO OPPORTUNITY TO FIND A JOB IMMEDIATELY’
After the appeal of the decision of the accused girl, the file reached Civil Chamber 3 of the Supreme Court.
The apartment overturned the local court’s decision. In the decision it was stated that “although the accused is a university graduate, it was understood that at the date of the case he was not working in any job, he did not have the opportunity to find work in the conditions of the country from the school that he graduated, went to the KPSS course to get a job, and the applicant parent needs assistance for now. “
At the end of the retrial, the court resisted its earlier decision. Faced with the resistance, the file reached the General Legal Assembly of the Supreme Court. The junta overturned the local court’s decision to resist.
REASON FOR THE MEETING
On the grounds of the General Assembly of the Supreme Court, the right to education, which is a fundamental human right, the constitution of the Republic of Turkey with a matrix As noted in international conventions directly taken as guarantee.
On the stated justification that the “credibility of alimony” is part of the individuality of the child, it was stated that the child can request the care subsidy from the parents who gave birth to the child, and this is the most natural right. It was stated that this obligation of mother and father for alimony derives from the idea of social assistance and solidarity, independent of the right to custody, and said: “Alimony is a kind of social solidarity to save family members poverty and indulgence, and is a duty required by ethical norms and traditions. “
According to the Turkish Civil Code, on the basis that the maintenance debt of the parents continues until the child becomes an adult, with the provision added to the same law, if the education continues even though the child is an adult, the education of parents to the extent that can be expected of them according to the situation and conditions It was stated that they are obliged to take care of the child until it ends, and the importance given to education with this new provision that brings the legislator.
‘GRADUATION DOES NOT MEAN YOUR EDUCATIONAL LIFE IS ENDED’
In the justification of the General Assembly of Law, it was stated that those who do not have sufficient income to cover the necessary and necessary expenses in order to improve the material existence of the individual such as food, clothing, accommodation, health, should be considered poor. transport and culture. The justification said: “In today’s harsh economic conditions, it will not be possible to continue working together with education, it must be accepted as a rule and presumption.”
In the specific case, it was observed that the child, who was of legal age at the date of the trial, graduated from Ankara University, Faculty of Sciences, Department of Biology and attended the KPSS course. The petitioning father was a specialized civil servant and had a monthly income of 3,000 lire.
“Given current conditions, the fact that the child graduates from university does not mean that his educational life has ended by itself. Because it is necessary for the child to participate in activities such as a foreign language course, a KPSS, a certification program, and such activities should be accepted as a continuation of education, and it is in the parent’s interest, as well as the child, that the child finish school and get a good job.
In the local court’s decision to resist, it is stated that the defendant has the opportunity to find a job and a job because of the school and profession he has completed, and that non-working professionals when they have the opportunity to find a job They cannot be entitled to alimony, although Article 328 of the Turkish Civil Code continues, if the education of the adult child continues. and it was the father’s obligation to provide assistance to the extent that could be expected of them according to the situation and circumstances. Therefore, considering that the monthly income of the applicant father is 3 thousand TL, it is undoubted that he can pay some alimony to his son who continues his education by going to the KPSS course and does not have a regular income. In this case, it is the duty of the petitioning father to help his son, who continues his education and has fallen into poverty.
With the argument that the girl finished her education and started working in a company in 2016 and as a result it was understood that she did not need her father’s help from that date, the defendant continued her education at the date of the trial and needed the help from his father, but he did not need his father’s help since he started working. It was stated that the removal of alimony should be decided as of May 23, 2016, when it began to function.
The justification stated that the local court’s decision to resist was reversed.
