Division of inheritance contract

The principal aim of the law of succession is to distribute the property and rights in the estate of the deceased among the heirs. Division of inheritance is not a problem in cases where the deceased has only one heir or no heir. In cases where there is more than one heir, there are two ways to eliminate the division problem. The first way is that the division is done by court decision as a result of the action to be filed. The second way is to divide heritage through agreement, which is the subject of this study. This contract, called the "Division Of Inheritance Contract", is generally a contract established after the opening of the succession, with all heirs becoming a party. However, the possibility of establishing the division of inheritance contract in the health of the deceased under certain conditions is one of the main topics of this study. On the other hand, the fact that the division of inheritance contract is largely subject to the rules of the law of obligations required the concepts of the law of obligations to be addressed as much as possible. In addition, although the subject of the study is mainly related to material law, the procedural law is partly included in the context of the effect of the contract on some cases between heirs and mediation activities. Within the framework of all these investigations, it has been tried to find solutions to the problems that arise in practice in terms of the division of inheritance contract and the discussions in the theory.