مرکز منطقه ای اطلاع رساني علوم و فناوري - ANA BABANIN EĞİTİMİ DEVAM EDEN ERGİN ÇOCUĞA KARŞI NAFAKA YÜKÜMLÜLÜĞÜ

Abstract :

Article 328 paragrapf 2 of Turkish Civil Code constitutes the basis of the contribution which the major child demands from his parents as the continue of his education. This contribution is to be considered as maintenance contribution by type and is ruled by provisions of article 327 cont. Civil Code. According to these provisions, to decide on contribution in favor of the major child, besides the fact that the parents duty of maintenance continue after majority, the conditions regarding to claim for contribution should also be fulfilled. The continue of the duty of maintenance after majority, depends on the condition that the education of the child has not yet completed and is conscionable for parents to meet the child’s expenses. The education mentioned, is a general and vocational education that corresponds to the child’s abilities and inclinations in accordance with TMK m. 340/II. Duty of maintenance after majority is conscionable for parents only if besides their financial power, also their personal relations with child is in a degree that justifies such devotion. Regarding to the claim for contribution, the condition to be examined relates to the right to sue. As a rule, after the majority, right to sue belongs to the major child. On the other hand, in accordance with the principle of best interest of the child, the contribution may also be ruled, even before the majority of the child, through an independent action on the basis of article 329 of Civil Code or as a part of an action regarding to the marital law under the name of spouses duty of contribution.