Master'sOpen Access

Denial of inheritance

2023
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Advisor: Doç. Dr. Nalan Kahveci

Abstract (EN)

The subject of the thesis is 'rejection of inheritance' which is based on between articles 605 and article 618 in the Turkish Civil Code. Within the framework of the precept of the Civil Code, the precept of the Code of Obligations and the Execution and Bankruptcy Law, the views in the doctrine and the decisions of the Supreme Court were examined. Appointed legatee upon the death of the legator, descendants and descendants who have the right, automatically gain the title of heir in accordance with the principle of universal succession in case the legator does not have any other descendant. In this case, if the inheritor has got debts and other obligations, the heirs are automatically responsible for them. The legislator wanted to prevent the problems that may occur for considering the situation of the heirs who automatically became heirs due to the universal succession by bringing over the institution of rejection of the inheritance. In addition to the desire of the heirs not to be responsible for the debts of the inheritor or not to be responsible for the debts of the inheritor, the universal successors or the testator's desire to increase the inheritance shares of the other heirs and not to save the property from the estate to ensure that the people who cannot be heirs can be heirs due to the priority of the clan order or to fulfil the obligations of the inheritor. The legislator has issued the rejection of the inheritance as a way they can apply if they do not want to. In order to make the subject to understand better, the thesis divided into two parts. In the first part, basic information about the concepts of inheritance law is given and the concept of rejection of the inheritance is mentioned. Also, there will be examination of the real rejection of the inheritance and the rejection of the inheritance by default in this section. In the second part of the thesis, the results of the rejection of the inheritance in terms of the legal heirs of the legator and the testament creditors of the heirs are observed.

Author

Dr. İpek Özmen

How to Cite

İpek Özmen (Master Thesis). Denial of inheritance, 2023, Dokuz Eylül University.

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