KOCABAŞ, Gediz Marmara Üniversitesi - Hukuk Fakültesi - Medeni Hukuk Anabilim Dalı, Turkey

ALMAN HUKUKUNDA EVLATLIK İLİŞKİSİNİN RE’SEN KALDIRILMASI

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Unlike the Turkish and the Swiss law the cancellation of adoption relationship by the court of it’s own motion is possible in the German law. As a general rule the aim of the legislator is to build the adoption relationship as an irreversible relation. Correspondingly, if there are serious reasons the court will cancel the adoption relationship by it’s own motion. BGB §1763 is based on the best interests of the child. So when the judicial discretion is into force the best interests of the child must be taken into consideration.

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Adoption , adoption of minors , cancellation by the court of it’s own motion , general requirements , serious reasons , judicial discretion , interests of the child , partial cancellation of adoption

Hukuk Araştırmaları Dergisi

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