Positive testamentary contract

Positive testamentary contract is defined as the testamentary contract in which the legator makes testamentary disposition in accordance with his/her heritage for the benefit of the opposing party and the third person. This contract is an agreement that is made with the legator at the same time. Namely, these agreements are savings based on the contractual deaths. As the positive testamentary contract is a bilateral legal transaction, namely an agreement, the legator, as a rule, cannot break the testamentary contract he/she has made whenever he/she wants. with a one-sided statement. Apart from the exceptions, providing that the parties agree, it can be possible for this agreement to be changed or eliminated completely. As can be understood from 527th article of Turkish Civil Code, the legator can assign a inheritor and leave a property as a legacy with the positive testamentary contract. However, the mentioned savings in 527th article of Turkish Civil Code are exemplary, are not in the restrictive quality. In other words, the legator can impose an obligation as exemplarily, impose some principles and rules regarding the partition of the inheritance, found an organization, assign an executor apart from the assignment of inheritor and general legacy. The legator needs to have the capacity to distinguish in order to make a positive testamentary contract and be of full age and needs not to be restrictive. (Turkish Civil Code, 503rd article). The competency is subject to the general competency rules in terms of the opposite party who has not made testamentary disposition with the testamentary contract. Positive testamentary contract should be arranged as a formal will in accordance with 545. Clause of Turkish Civil Code. The fact that the agreement was made doesn't prevent the right of the legator to make saving that is inter vivos or testamentary disposition in the cases that are within the frame of the agreement. Therefore, the legator can make savings on his/ her assets mentioned in the agreement freely till he/she dies. However, in accordance with 572/2nd article of Turkish Civil Code, after the death of the legator, the opposing part of the agreement or the beneficiary can oppose the testamentary disposition or inter vivos gratuitous savings that don't comply with the testamentary contract and that was done after the testamentary contract. The testamentary disposition that was made afterwards has no importance as a will or a testamentary contract. The savings that the legator makes in the positive testamentary contract exceed the reserved portion of the inheritors with reserved portion, these inheritors can demand and sue the abatement of the savings of the legator in accordance with the violated part. ( 560the article of Turkish Civil Code) The change in the testamentary contract should comply with the form of the testamentary contract and competency rules again and should be formal. The testamentary contract can be eliminated with the agreement of the parties. (546th clause of Turkish Civil Code) Positive testamentary contract can be removed by itself in some cases; whereas, in some cases, they can be terminated one-sidedly. Lastly, positive testamentary contract can be cancelled based on the reasons in 557th clause of Turkish Civil Code thereby an action for nullity is taken. Keywords: Testamentary contract, positive, testamentary law.