PRAKT. MANUALS FOR D E AUSLAENDER FOREIGNER RİGHT
3 - Citizen right
After our Basic Law that, which has a connection with the Turkish state over the nationality, is Turk. The children, who hrvorgegangen in the inland or abroad from the Turkish father or from the Turkish nut/mother are, are a Turkish national starting from the birth. The Turkish nationality both after the place of birth and descent and after the adoption, the marriage ceremony as well as after family status modification acquired e.g.: If with Turk sells foreign Mrs. their will closing a marriage over the acquisition of the Turkish nationality during the marriage ceremony, or with this marriage ceremony her former nationality loses, or, acquires it is homeless by this marriage ceremony the Turkish nationality. If the marriage before the responsible foreign authorities is closed, with Turk is to indicate foreign woman closing a marriage within one month after the marriage ceremony their will about the acquisition of the Turkish nationality to the responsible Turkish authorities. .
If a child illegitimately come out from a foreign nut/mother comes by the Ehelichkeitserklaerung, the statement of the paternity and the acknowledgment of the paternity with a Turkish father into a child shank connection, the Turkish nationality acquires starting from the birth.
If the father of the former children of that is the Turkish nationality by Eheschliessund with Turk acquired nut/mother died or indefinite, or the father or the child is homeless, as well as if the nut/mother possesses the custody, these children acquire the Turkish nationality dependent on their nut/mother. However the children, who did not complete 18.Lebensjahr, acquire acquire in the case of the acquisition of the Turkish nationality their father dependent on its father the Turkish nationality. Those the Turkish nationality by the marriage ceremony acquired women can leave the Turkish nationality within three years after the end of the marriage under the circumstances that they can still be a former national or acquire this nationality again.
The former unvolljaehrigen children of the nut/mother, that lost the Turkish nationality by the marriage ceremony with a foreigner, lose the Turkish nationality under the circumstances that her father died, indefinitely or homeless is, dependent on their nut/mother. If the child is larger than 15 years, then losing of the Turkish nationality is valid on its written request. If the children will be homeless after losing the Turkish nationality, then they remain Turk.
The child, who came out from the Turkish father and from a foreign nut/mother, is a Turkish national. It is not important, where it is born, as old it is whether it lived in Turkey. The child carries the Turkish nationality in this case starting from the birth.
Since the child born in Turkey does not acquire the Turkish nationality because of the paternity or maternity, thus; z.B:seine parents are lost or it are unbesitmmt, where they are, are considered as a Turk.
Turkey joined the contract from the 1968 over the mutual information concerning the naturalization and the contract from the 1975 over the decrease of the homeless ones. The present Treaties are executable in Turkey.
If foreigner, who is of age after its national right or is of age after the Turkish right in the case of the Haimatlosigkeit, at least 5 years in Turkey resident is, it by its attitudes acknowledged has that it wants to live in Turkey, sufficient knowledge of Turkish language has, incomes or occupation has, which are being enough for living costs automatically and the persons, for whom is under obligation to pay alimony he, as well as healthy and good guidance has, can by the decision of the Council of Ministers is in-patriated.
Against all decisions of the administration over the Turkish nationality a complaint can be raised.
If the person concerned does not insert a contradiction against a decision of an administrative organ within one month starting from the feed of the decision, this decision becomes valid.
It is also very important in many areas, as the nationality of the legal entities is determined. With the statement of the nationality of the legal entities those are called administrative seat of the legal entity and dab reason right basic rule.
Hacı Ali Özhan
hacialiozhan@mynet.com
Not:German-Deustch:PRAKTİSCHER HANDBUCH FÜR DİE AUSLÄNDER ....Ausläderrecht-
1.Einführng
2.allgemeiner Blick auf das türkischen Rechtssystem
3.Burgerrecht
4.Das Klagerecht und die an der Klage zu leistende Sicherung des Ausländers
5.Die Anerkennung der gerichtlichen und schiedsrichterlichen Entscheidungen
6.PERSONENRECHT
7.Yabancının taşınmaz edinmesi
8.Dernek, Sendika ve Sosyal güvenlik
9.ERZIEHUNGSRECHT
10.HANDELSRECHT
11.Joint Venture Vertrag
12-Europavertrag und individuelles Antragsrecht
13-Die Eheschliessung, das Verlöbnis, Die Abstammung
14-Ehescheidung, Die elterliche Sorge, Unterhaltspflicht, Schadenersatz
15-Strafrecht