Inheritance renunciation contract

The inheritance renunciation contract is an inheritance contract concluded between the "probable deceased" and his "probable heir". It can be seen that the contract in question is also called "negative inheritance contract" or "inheritance waiver agreement". This legal opportunity, which is not available in Ottoman law, was brought into our law with the Turkish Civil Code, which came into force in 1926. The inheritance renunciation contract is one of the legal institutions that give the probable deceased the opportunity to plan his estate. From the perspective of the probable testator, there is a transaction in the nature of "testamentary disposition". In cases where the contract is made with consideration, the testator buys his heir's future inheritance share (Erbauskauf). In terms of the possible heir, this contract means giving up part or all of the inheritance share that he may obtain in the future. In other words, his transaction is of the type that will affect his assets, not his estate. For this reason, there is not a testamentary disposition for the waiver party. As can be seen, the inheritance renunciation contract has a dual structure. It has various features that can be evaluated within the scope of the law of inheritance in terms of being a testamentary disposition, and the law of obligations in terms of being an inter vivos legal transaction. On the other hand, the legal characteristic of the inheritance renunciation contract, especially with consideration, is highly controversial. Because, in the context of the inheritance renunciation contract with consideration, the element related to death and the element inter vivos come side by side. The focal point of the discussions conducted here, the issue of whether the aforementioned elements are combined within a single legal act or whether they are two separate legal acts forms. In this study, the discussions on the legal characteristic and subject of the inheritance renunciation contract have been clarified, and detailed explanations have been made about how this contract is established, what its provisions are and in which cases it comes to an end. Although the Turkish Civil Code No. 4721 and the Turkish inheritance law are taken as basis in the statements made, Swiss civil law and German civil law have also been used comparatively as and when necessary. In addition, throughout the study, high judicial jurisprudence examining the disposition of inheritance renunciation has been widely used. Thus, both the approach of the application to the subject has been revealed and the concrete and current problems regarding the inheritance renunciation contract have been determined.