Contract of succession

The deceased may declare his/her declarations that he/she wants to be effective after his/her death in two ways. These are the will and the contract of succession. Contract of succession is a type of testamentary disposition in the formal sense. Since it is a testamentary disposition, its judgements and consequences arise after the death of the deceased. The contract of succession is a bilateral legal transaction. It is established by the mutual declarations of intention of the parties and the conformity of these declarations to each other. Since it is a contract, it has a binding effect unlike a will. As a result of this, as a rule, it is not possible to terminate the contract of succession with a unilateral declaration of intention. In terms of its content, the contract of succession is divided into two as positive contract of succession and negative contract of succession. This is the most basic distinction regarding the contract of succession. An contract of succession is called a "positive contract of succession" if the deceased is under the liability to leave his/her inheritance or certain property to the person with whom he/she made a contract or to a third party. If the deceased does not make a testamentary gain in favour of another person with the contract of succession, but accepts the other party's declaration of renunciation of inheritance, this is called a "negative contract of succession". The negative contract of succession is called "renunciation of inheritance contract" in the law. Here, the contract of succession appears as a superior concept that covers both of these types. Keywords: Testamentary Disposition, Contract of Succession, Positive Contract of Succession, Renunciation of Inheritance Contract, Deceased.