Collusion of deceased
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Abstract (EN)
In our legal system, people are given the freedom to dispose of their assets as they wish and to make contracts as they wish, provided that certain principles are observed. On the other hand, it is seen in practice that people carry out transactions that do not comply with their real will and do not want them to be valid, for different reasons, and even carry out other transactions that comply with their real will after this apparent transaction. In other words, it is the agreement of the parties that the transaction they carry out with the aim of deceiving third parties will not have any effect and result between them, or that another transaction they hide behind this apparent transaction will have effect and result. Therefore, one of the most common types of this situation, which is called collusion in doctrine and practice, is legator collusion, which is resorted to by the testator in order to steal property from his heirs. Due to its importance in practice, we have chosen legator collusion, which is a type of collusion, as our subject of study. Our study will consist of three main parts, and in the first part, we will start by focusing on the concept of pretending, types of pretending and the relationship of pretending with other concepts. In the second part of our study, we will touch on our main subject, the collusion of deceased, in detail. In this section, we will explain the collusion of deceased in a general way and focus on the visible causes and consequences of the collusion of deceased and what the transactions subject to the collusion might be in detail. In the third and last part, we will conclude our study by touching on important issues such as the types of lawsuits that can be filed due to the transactions carried out by the testator in order to smuggle property from his heirs, the competent court in title deed cancellation and registration cases to be filed due to the decedent's collusion, the parties to the case, and the proof of the decedent's collusion in the trial.
Author
Mustafa Çelik
How to Cite
Mustafa Çelik (Master Thesis). Collusion of deceased, 2024, Dicle University.
Keywords
License
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