Özet:

frThe Turkish Civil Code provides for two different periods of time for the husband to file a suit for disavowal of paternity: Firstly, a period of one year running from the knowledge of the birth and learning the fact that either he is not the father or the mother was cohabitating with someone else at the time of conception, secondly a period of five years that begins with the birth of the child. The Turkish Constitutional Court has invalidated the five years period of time referring to the principle of the rule of law, the right to protection of the moral and physical existence and especially the right to seek justice guaranteed by the Turkish Constitution. The decision of the Court has been followed by the annulment of the time limitation for the child to file a paternity suit, despite the possibility of period restitution in case of reasonable grounds. This article analyzes the pertinence of the decisions of Turkish Constitutional Court, taking into consideration the provisions of Swiss law and the opinion of the Federal Court on the subject matter

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