Master'sOpen Access

Issue of the official will and cases of invalidity

2020
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Advisor: Prof. Dr. Mehmet Erdem

Abstract (EN)

The formal rules stipulated in the law on official will, are comprehensive and strict. Failure to comply with some of these strict form rules creates various problems during the preparation of the official will. However, the issue of the ability for the will is also one of the conditions of the official will. In the first part of our study, testamentary dispositions and types of testamentary dispositions have been examined. The historical development process, legal characteristic, types and the necessary ability conditions to make a will are among the topics discussed in this section. In the second part of our study, the issues of the organizing conditions and keeping of the official will are examined in detail. The code provides for two types of official wills. It is stated that the first is the form of the official will, which is issued by the legator by reading and signing, and the other is the form of the official will, which is issued without reading and signing by the legator. Although it is not regulated in the Turkish Civil Code, it is generally stated in the doctrine that the mixed wills are valid. In the third part of our study, there are cases where the official will is invalid. Finally, in this section, the concept and types of joint wills, which are not regulated in the Swiss-Turkish Legal System, are explained and the discussions in this context are presented.

Author

Dr. Burak Türk

How to Cite

Burak Türk (Master Thesis). Issue of the official will and cases of invalidity, 2020, Galatasaray University.

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