Does the Guardian's Duty Terminate Automatically at the End of the Period?

Does a Guardian's Duty Automatically End at the End of the Term?

This week, in the space allotted to me in Önce Vatan Newspaper, I will try to explain a very important issue to you. As you know, being a guardian involves significant responsibilities. First, I will try to explain whether the guardian's duty ends automatically at the end of the term granted by the Civil Court of Peace. Subsequently, I will try to provide information regarding the consequences of actions taken by the guardian without the permission of the guardianship authority.

In the Turkish Civil Code, the manner in which a guardian's duty ends at the end of the term is regulated in detail. Specifically;

Turkish Civil Code Article 480 - The guardianship duty, unless extended, ends with the expiration of the term.

In the relevant article of the Turkish Civil Code, in the event that a guardian is appointed for a ward by the guardianship authority, the duty ends automatically upon the expiration of the term if it is not extended. The Court of Cassation is of the opinion that, if a decision regarding the termination of the guardian's duty is not taken by the competent court, the guardian's duty continues at the end of the term with the tacit acceptance of the guardian and the Judge of the Civil Court of Peace. This perspective is accepted as the general rule as it is consistent with other provisions introduced so that the person under guardianship does not remain without representation and with the will of the legislator.

Consequences of Unauthorized Actions/Transactions Taken by the Guardian Without Guardianship Authority Permission

In the Turkish Civil Code, the consequences of unauthorized transactions performed by the guardian without the permission of the guardianship authority are regulated in detail. Specifically;

Turkish Civil Code Article 465 – Transactions performed by the guardian without obtaining the permission of the competent guardianship authorities when required by law are considered equivalent to transactions performed by the person under guardianship without the guardian's permission.

As can be seen in the article of the law, it is accepted that transactions performed without obtaining permission from the Judge of the Civil Court of Peace, which is the competent guardianship authority, when the guardian is legally required to obtain permission, produce the same consequences as transactions performed by the person under guardianship without anyone's permission. In other words, transactions performed without obtaining permission from the guardianship authority do not create any debt or liability for the person under guardianship. In this case, the party dealing with the person under guardianship remains bound by this transaction, and if a right or receivable arises for the person under guardianship, they are held liable to fulfill them. If the Judge of the Civil Court of Peace, which is the guardianship authority, or the Judge of the Civil Court of First Instance, which is the supervisory authority depending on the situation, approves the unauthorized transaction upon determining that it is in the interest of the person under guardianship, it is accepted that the transaction begins to have effect for the person under guardianship as of the date it was performed.

Attorney Gizem GONCE