(THE MISSION OF TURKISH COURTS TO RENDER THE JUDGMENT OF GUARDIANSHIP FOR FOREIGNERS WITH TEMPORARY PROTECTION IN TURKEY AND THE LAW APPLIED WITH INTERNATIONAL AUTHORITY)

Guardianship decision is required for minors who are not under guardianship and in certain cases, for adults who are not under guardi- anship. With decision of guardianship, it is aimed to protect individuals who cannot properly protect their own and interests with the help of others. Preventing relevant persons to get harmed with the verdict of guardianship is remarkable in terms of public order. So that, both Turk- ish citizens and foreigners under temporary protection in Turkey are prevented from being harmed if they are unable to carry out their legal procedures and protect their rights. The guardianship decision can be qualified as one of the measures aimed to ensure protection of public order as well as the interests of the persons concerned. The concepts of temporary protection and guardianship were pri- marily emphasized in our study. Subsequently, the responsibility of Turk- ish courts, their international jurisdiction and the place of residence and habitual residence important in terms of applicable law in custody cases of foreigners under temporary guardianship in Turkey were discussed. Afterwards, the authority and international jurisdiction of Turkish courts in issuing guardianship decisions for foreigners under temporary pro- tection in Turkey were discussed. And finally, the way of determining the law applied in issuing a guardianship decision about foreigners under temporary protection in Turkey was investigated, and our opinions on the subject were presented.