Mediation in inheritance law
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Abstract (EN)
Inheritance law is a branch of law that regulates to whom, how and in what manner the inheritable property is transferred after the death of person. Inheritance law is based on partition. Today, alternative dispute resolution methods are practiced due to the increase in disputes arising from private law, the expectations of society, and the workload of judiciary. Mediation is the most comprehensive and common method amongst alternative dispute resolution techniques. New regulations on mediation have been introduced to our legislation. In this paper, based on the basic principles of mediation, its types, stages, duration and the mediator's fee are mentioned. In this context, the applicability of mediation as a dispute resolution method in inheritance law disputes is analyzed as the main subject. Parties to disputes arising from inheritance law are close to and well acquainted with each other. Inheritance law is private law area where the parties can freely exercise their rights. In this respect, mediation enables the parties to resolve disputes amicably. In this regard, thanks to mediation, Turkish family unity will be preserved. Recently, mediation has been introduced as a procedural requirement for inheritance law disputes, which is a significant change. Since the introduction of mediation as a procedural requirement in dissolution of joint ownership disputes may be a pioneer for other disputes, these matters are discussed in detail and the problems experienced in practice have been identified. Solutions are proposed to address the encountered problems. Key Words: Inheritance Law, Partition, Dispute, Mediation, Suitability.
Author
Selin Yağcı
Institution
How to Cite
Selin Yağcı (Master Thesis). Mediation in inheritance law, 2025, Süleyman Demirel University.
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