Author
Karagöz, Havva
Publication Date
2013
Publication Place
-
Legal Publishing
Type
Periodical
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Library Asset ID
2147-1045
Record ID
819598ca-4590-4025-bbf7-ce9d1aa1b59e
Library Location
Law
Date
2013
Sample Text
It is known that gene technical analyzes are very common, especially in determining lineage. This method is resorted to due to cases such as denial of lineage and claim of lineage, which arise as legal disputes. Whether gene analysis is performed for informational purposes or for diagnosis and treatment, without the person's real will or upon his request, in accordance with the regulations in the Criminal Procedure Code, the Civil Code or the latest regulation in the Code of Civil Procedure, in any case, there may be a violation of law or contract due to these gene analyses, and if the conditions are met, a liability for compensation for damages may arise. Private legal liability may arise due to gene analyzes and diagnoses. The legal basis of this liability may be different. As is the case during gene analysis, personal rights violation, contract violation or tort liability may be possible in terms of the data obtained as a result of these. In terms of private law, in the possibilities we have mentioned, depending on the way the liability arises and the nature of the damage, there will be a liability for material or moral compensation as we stated above., It is obvious that technical gene analysis is common on determination of the paternity. This kind of technical procedure is applied specifically on cases of the claim or the denial of the paternity, as a legal dispute. According to the provisions of either the Code of Criminal Procedure or the Civil Code or the Code of Civil Procedure, if a genetic analysis –no matter if it is on the purpose of detection or diagnosis and treatment- is provided without the consent of the person or depending on the will of that person, this situation may cause tort or breach of the contract. So if the conditions are fulfilled, the liability to make up compensations may occur. There may be some private law responsibilities as a result of gene analysis and detections. The legal basis of this responsibility may differ. As a result of these data, breach of the personal rights or contract or tort may come up just like in the analysis of the genes procedure. In the aspect of private law as a result of the origin and the result of the damage, liability to provide material or mental compensations may occur.
Cilt
2
