AC
Anasayfa Makaleler Civil law

Absence Decision (TMK art. 32-35)

11 Mayıs 2026 Civil law 1 dk okuma 49 görüntülenme

TMK Article 32-35: A person who has not been heard from for a long time may be declared absent.

Conditions

  • Lost in danger of death: 1 year
  • Not heard from for a long time: 5 years

Process

  1. Application to the civil court of peace
  2. Court announcement (newspapers)
  3. Waiting for 6 months from the announcement
  4. Decision

Results

  • Presumed as if dead
  • Opening of inheritance
  • Dissolution of marriage
  • Custody order changes

Return

  • Cancellation of the decision is requested
  • Assets may be requested back (acquired rights reserved)

Supreme Court 8. HD

8. HD accepts that the absence decision is subject to "strict form requirement".

Civil law attorney is recommended.

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