The Case of Stopping the Attack on the Right to Personality in Turkish Law

Abstract

The rights that a person has just because he/she is a human are personality rights. Personality is acquired together with the right and full birth in Turkish law. The right over all the values that make up the personality is characterized as the right of personality. With birth, each person acquires personality and becomes a direct owner of personality rights as well. Personality rights are rights that are absolute rights that can be asserted against everyone. Article 24 of the Turkish Civil Code (TCC) has deemed all attacks on the right to personality unlawful. TCC has not counted the individual values of the right to personality. It is left to the discretion of the judge what will be evaluated within the scope of personality right in accordance with the developing technology and increasing needs. Since personality rights are closely related rights to the person, it is not possible to transfer them to others or give them up. Since attacks on the right to personality are unlawful, cases protecting the right to personality are regulated in Article 25 of the TCC. In Turkish law, cases protecting the right to personality are cases of preventing, stopping and detecting an attack on the right to personality. Depending on the stage reached by the attack in the violation of the right of personality, it is determined which protective case should be opened. A stop lawsuit should be filed against the unjustified attack on the right to personality that has begun and is ongoing. The goal is to eliminate the existing attack. In this study, the legal elements that are necessary to open the case to stop the attack on personal rights are examined. If the attack has ended, but the effects continue, there will be no legal benefit in opening this case. Therefore, the correct analysis of the attack on the right to personality from the legal point of view will allow to obtain a positive result in the case of stopping.