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AI InsightTMK md. 327 f. 1 hükmü uyarınca, ana ve baba çocuğun bakımı, eğitimi ve
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Özet
TMK md. 327 f. 1 hükmü uyarınca, ana ve baba çocuğun bakımı, eğitimi ve
Abstract
According to the article 327 paragraph 1 of Turkish Civil Code, theparents must provide for the child’s maintenance, including the costs of raisingthe child, his or her education and measures taken for his or her protection. Thisduty begins for mother at the birth of the child and for father by the formation ofparent-child relationship. This duty lasts for both parents until the child comesof age. According to the article 328 paragraph 2, if the child continues his orher education although the child comes of age, the parents must pay for his orher maintenance, to the extent conscionable in the overall circumstances, untilthe child completes his or her education. This article is a new article which didnot exist in the former Turkish Civil Code numbered 743. This article extendsthe duty of maintenance until the child completes his or her education.Therefore, the support made within the context of this article is a duty ofmaintenance. However, in some judgments, the Cassation Courtmischaracterized this support as a duty of assistance. In fact, the conditionsrequired for these maintenances are different from each other.