Simulative transaction of deceased

One of the common types of the simulation in practice is the simulative transaction of deceased. According to the Decisions of the Unification Of Jurisprudence of Supreme Court, simulative transaction of deceased is the case that the deceased transfers his immovable good to one of his successors or to a third party in front of the land registry officer in order to smuggle property from successors. All legal successors, whether with or without a reserved portion, can file a legal action as a third party against this sham transaction and prove their claims with any evidence including witnesses. The lawsuit regarding simulation of deceased does not prejudice the claim for the reduction and the equalization of the successors. In our study, the simulative transaction of deceased, which includes problems related to law of obligation, inheritance and property are examined by criticizing the case of the Supreme Court. In this context, the simulation is handled in terms of the law of obligations, and then the simulative transaction of deceased are examined. In this examination, it is stated that the right to file a lawsuit granted to all successors is considered and that this attitude is wrong and that only successors with reserved portion have the right to file a lawsuit. In addition, our views are conveyed about the transactions that are considered to have entered or to have not entered the scope of the simulative transaction of deceased. In addition to all these, opinions in the doctrine that accept the simulative transaction of deceased as a violation of morality are criticized. Finally, the issues related to the lawsuit regarding simulative transaction of deceased and the relations with the rights of successors against the transaction of deceased are discussed.