Özet:

The parent-child relationship (the paternity) is formed between child and father by virtue of the latter being married to the mother, by recognition or by court declaration (TCC Art. 282/ p. 1). Moreover, the parent-child relationship between child and father is formed by adoption (TCC Art. 282/ p. 2). Recognition is effected by the father with the assistance of a written declaration made before the registry officer or the court or by an official deed or by testamentary disposition (TCC Art. 295/ p. 1). With TCC Art. 297, the legislator enabled the recognising person to invalidate the recognition due to the defect in consent. As stated in TCC Art. 297, the recognising person can sue for the annulment of the recognition due to error, fraud or duress. An action for annulment of recognition is filed against the mother and the child. The subject of our study is the duress, which is the reason for the annulment of recognition. In TCC Art. 297, there is no clarity on the nature of the duress leading to the annulment of recognition. In this context, in our study, comprehensive information is given about the duress that causes the annulment of recognition, and in this direction, the definition, conditions and result of the duress are discussed.

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