Termination of inheritance contract
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2022
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Advisor: Doç. Dr. İlker Öztaş
Abstract (EN)
It is possible for the legator to state the orders that he wants to take effect after his death, within the framework of some legal institutions in his lifetime. Disposition mortis causa in the formal sense, which are referred to as the form conditions to which the legator is subject when declaring his will, which includes his wishes regarding the post-death, can be expressed seen as testament and inheritance contract. While the will is a unilateral disposition mortis causa; the inheritance contract is a bilateral legal disposition mortis causa in which the parties mutually bind each other. The contractual and binding nature of the inheritance contract is important for the termination of the contract. It is not possible to unilaterally terminate the inheritance contract at all times and freely differently from a will. These dispositions mortis causa can only be terminated unilaterally if there is one of the cases of disinheritance based on the second paragraph of Article 546 of the Turkish Civil Code No. 4721, and due to the non-fulfillment of the obligation between the two persons within the framework of Article 547 of the Turkish Civil Code. In addition to these termination cases, it is also possible for the inheritance contract to become null and void as a result of the cancellation sanction, to terminate automatically, and to terminate the inheritance contract by agreement of the contracting parties. In this context, in the first part of the thesis, information about the inheritance contract is given in the general framework. In the second part of the thesis, the establishment of inheritance contracts and the nullity and absolute nullity of inheritance contracts are included. In the third part of the thesis, the cases of spontaneous termination of the inheritance contract and the cases of voluntary termination are discussed in detail. In the framework of the voluntary termination of the inheritance contract, the right to revoke the inheritance contract according to the second paragraph of the 546th article and the 547th article of the Turkish Civil Code has been examined. In the event that the legator has dispositions incompatible with the inheritance contract after its conclusion, it has been evaluated whether it will be possible to revoke it and that the inheritance contract terminate. Key Words: Disposition mortis causa, inheritance contract, binding, termination, revocation.
Author
Ayşegül Tekçe
Institution

Ankara Social Science University
Özel Hukuk Bilim Dalı
How to Cite
Ayşegül Tekçe (Master Thesis). Termination of inheritance contract, 2022, Ankara Social Science University.
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