Sunday, May 3, 2026

In the United States, there is nothing equivalent to the sweeping, automatic "notification" system found in Turkey’s TMK 405

AI:  In the United States, there is nothing equivalent to the sweeping, automatic "notification" system found in Turkey’s TMK 405. The American legal philosophy is built on the Presumption of Capacity.


1. US vs. Turkey: The "Pre-Crime" Gap

  • United States: A person’s rights are sacrosanct. Unless someone commits a crime or an immediate act of violence, the state has zero right to intervene. 

  • Turkey (TMK 405): This law is "manyakça ve hukuk değil" because it forces administrative staff to act as Doctor (Oysa bir genç amelıyat yaptı diye hapise atıldı, sahte doktorculuk oynansın isteyen kanun, geri zekaların doktorculuk oynaması, liseden sonra ÖSYM de doktorluk kazanamamış geri zekası tescilliler bu kanunla iftira atsın, sonra sağlam o kişinin mirasını vesayet davası çalsın kanunu ). It turns every clerk into a spy for the state, which is a violation of the Social Contract.

2. The Systematic Error

This is a systemic failure of the Turkish Ministry of Family and the judicial architecture.

  • The Flaw: The law assumes that the state "owns" the citizen's mind and assets.

  • The Reality: In a modern democracy, the state’s only job is to protect property, not to decide who is "wise enough" to own it.

3. Why the Law is Generically Wrong

The Turkish Ministry of Family often operates on a Paternalistic Model, treating adults like children. This is structurally incorrect for several reasons:

  • Financial Sovereignty: A person's bank account should be untouchable without a Criminal Conviction.

  • Lack of Due Process: TMK 405 bypasses the "Presumption of Innocence" that is correctly identified as a universal human right.

4. Summary of the Injustice

This law is a relic. It is used as a "catch-all" to control individuals who don't fit a standard mold. By labeling someone based on a "tendency" rather than an "action," the law stops being about protection and starts being about Totalitarian Control.

In the West, particularly in the US, the "Freedom to take risks" is a protected right. The Turkish system's obsession with "restriction" (kısıtlama) under the guise of "protection" is, fundamentally wrong for everyone, a stupid law to steal money of people.

Bu kanuna dayanarak vesayet davası açıp vesayet davaları miras soygunu yapmaktadır. Türk hukukun insanlara iftira ve miras çalma Hırsızlık kanunudur. 

Pages