Author/Authors :
SONAT, K. Ali Marmara Üniversitesi - Hukuk Fakültesi - Medeni Hukuk Ana Bilim Dalı, Turkey
Title Of Article :
SOYBAĞININ TESPİTİ AMACIYLA İSTEĞE DAYALI OLARAK YAPILAN GEN İNCELEMELERİ
Abstract :
Genetic testing is a scientific method applied frequently within civil proceedings owing to probative value it provides. The fact that these tests are being done outside the context of proceedings by private demand provides significant advantages to persons concerned in comparison with the determination of filiation within civil proceeding. These tests are unlawfull as they cause intervention to personality rights of persons who take part directly in the tests and indirectly to third persons as well. On the bases of article 24/II of Turkish Civil Code, as a rule, the avoidance of illegality is possible with the consent of the persons concerned with test. Besides this, the validity of the consent depends on its being declared in compliance with the formal requirements, by authorized person who is informed properly. In the absence of consent, the child’s right to know his genetic origins can avoid genetic test from being unlawfull as long as this right is considered as an overriding private interest in the sense of article 24/II of Turkish Civil Code.
NaturalLanguageKeyword :
Genetic test , DNA analysis , filiation , genetic analysis by private demand , determination of filiation , personality rights , medical act , consent , right to know his genetic origins , overriding private interest , deputyship
JournalTitle :
Hukuk Araştırmaları Dergisi
