Master'sOpen Access

Effects of goods regime contracts on the reduction case

2024
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Advisor: Doç. Dr. Ayşe Arat

Abstract (EN)

In the regime of participation in acquired property, which is mostly applied in our law, it is often emphasized that the property acquired in the marriage union is registered with the deceased spouse. In the studies examined, in the event that the property regime ends with death, the receivables of the surviving spouse arising from the liquidation are accepted as the liabilities of the deceased spouse's estate. As a result, it has been taken into account that the surviving spouse's receivables arising from the liquidation should be shared according to the inheritance shares of all heirs after leaving the estate like all other liabilities. In case the property subject to liquidation is registered with teh surviving spouse, it is not taken into consideration that the receivables of the heir with other hidden shares, such as participation receivables, value increase receivables or equalization receivables, should be included in the estate. This results in the surviving spouse exercising his or her freedom of disposal over the property, some of which should be included in the estate of the deceased spouse as matter of liquidation and violating the reserved shares of other heirs with reserved shares. In this study, it has beeb examined whether the property and receivables registered in the name of the surviving spouse but which may be subject to liquidation can be included in the estate or whether it is possible to give priority to the receivables of the surviving spouse resulting from liquidation in the propertied registered in the neme of the deceased spouse.

Author

Dr. Duygu Yalın

How to Cite

Duygu Yalın (Master Thesis). Effects of goods regime contracts on the reduction case, 2024, Akdeniz University.

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