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Capacity to Act, Minors and Restricted Persons

Ana Sayfa Capacity to Act, Minors and Restricted Persons

Pursuant to the Turkish Civil Code No. 4721;

Capacity to act

  1. Scope

Article 9 - A person with capacity to act may acquire rights by his own actions and go into debt.

  1. Conditions
  2. In general

Article 10 - Every adult that has ability to discern and that is not restricted has the capacity to act.

  1. Adulthood

Article 11 - Adulthood begins when a person attains the age of 18. Marriage makes a person an adult.

  1. Becoming an adult

Article 12 - A minor who has attained the age of 15 can be made an adult by his own will and the consent of the parents.

  1. Ability to distinguish

Article 13 - Anyone who is not lacking the ability to act reasonable because of young age or mental illness, mental weakness, intoxication, or other similar reasons has to ability to distinguish in accordance with the law.

 Lack of capacity to act

  1. In general

Article 14 - Those who lack the ability to distinguish, and minors and restricted persons do not have the capacity to act.

  1. Lack of ability to distinguish

Article 15 - Without prejudice for the exceptions set forth in the law, actions by those without the ability to distinguish shall not bear legal consequences.

  1. Minors and restricted persons with the ability to distinguish

Article 16- Minors and restricted persons with the ability to discern can not incur a debt without the consent of their legal representatives. This consent shall not be required for pro bono gains or for using the rights that are strictly associated with the person. Minors and restricted persons with the ability to distinguish shall be responsible for their wrongful acts.