Nullity of inheritence contract and testament

The object of the thesis is the invalidity of the testamentary dispositions executed by a deceased person. The thesis reviews the matter of testamentary dispositions caused by the decease of an individual with a systematic view, which has been discussed in Turkish Civil Law in a scattered manner, and is concerned to ensure a uniformity between the separate provisions relating to such invalidity. The first section of the thesis which focuses on the invalidity of the testamentary dispositions caused by a deceased individual where the provisions of such disposition become effective both in legal and real terms after the decease occurs reviews the general principles of the concept of ?testamentary disposition due to decease?, and the various types of testamentary dispositions due to decease. This section also shortly mentions about the procedural requirements determined for the testamentary dispositions due to decease. In the second section, firstly, the invalidity of the testamentary dispositions due to decease comes under a heading to examine the cases in which the testamentary dispositions due to decease is automatically deemed to be void, and then the cancellation of the testamentary dispositions due to decease. This section also deals with the solicitation of the cancellation both before and after the testament is opened. Withdrawal from the testamentary dispositions due to decease which are granted to the deceased person shortly comes under the heading of the solicitation for cancellation before the testament is opened. Under the heading of cancellation of testamentary dispositions due to decease, the legal causes for cancellation such as incompatibility, injured discretion, contradiction to law and ethical codes and procedural defects are explained in separate paragraphs. In reviewing the causes for cancellation, the above concepts are outlined in a general aspect, and then the incompatibility, injured discretion, contradiction to law and ethical codes and procedural defects are explained in terms of law of decedent?s estate. The various outcomes that may arise out as a result of such causes with regard to the testament and contract of decedent?s estate, the debates in the related discipline are discussed in the light of the exemplifying decisions of the Superior Court and Swiss Federal Court. The third section focuses on the assigned and competent court for the settlement of an action for cancellation which is a matter of procedural operation, the quality of a respondent and claimant in such cancellation actions, and the strict time limits in such legal actions. Finally, the consequences of a cancellation order with respect to the dispositions and individual concerned, opinions supported by the theory in this regard are discussed together with the court decisions.