Assignment of inheritance share

The thesis deals with the assignment of inheritance shares. The assignment of inheritance share is a legal institution that enables the heirs or those who hope to become heirs to benefit from the inheritance interest in a prioritized manner. In cases where more than one person becomes an heir upon the opening of the inheritance, a unanimous right ownership of the inheritance values is established between the heirs. Therefore, it is possible for the heir to benefit from the inheritance alone and effectively at the earliest with the division of the inheritance. According to observations, the timing of the division of the estate is in most cases unpredictable. This leads to the fact that the heir cannot benefit from the inheritance in practice. In many legal systems, the assignment of the inheritance share is offered to the heir as an option. In this way, the heir can obtain inheritance benefits without waiting for the division of the estate. The mission of the assignment of inheritance shares is basically to provide the heir with liquidity early. The heir can fulfill his liquidity needs by entering into contracts for the assignment of inheritance shares within the limits recognized by the law. Without disregarding this mission, the thesis asks whether transfer of inheritance share agreements can serve other purposes. In this respect, it is seen that the assignment of inheritance shares has a high potential in the field of credit provision. The acceptance of the inheritance share as a credit instrument may expand the heir or potential heir's access to credit. On the other hand, the credit institution may become the owner of the probate assets in return for the loan. Transactions involving the transfer of inheritance shares may also be of special importance in the partition phase of the inheritance. During the partition phase, the assignment of the inheritance share may be utilized in order to allocate the inheritance values without disrupting their integrity. Again, it is possible to fulfill debts such as equalization obligations through the transfer of inheritance shares. As long as the estate is not divided, all heirs are jointly and severally liable for the debts of the estate with their own assets. The uncertainty of the time of sharing makes the duration of the liability ambiguous. Therefore, the heir may apply for a transfer of inheritance share agreement in order to limit the area of liability. This thesis examines whether transactions involving inheritance shares have the function of being used as a means of obtaining loans in the Swiss-Turkish legal system in comparison with German law. Within this framework, transfer agreements concluded before and after the opening of the inheritance are discussed separately.