Acquisition of shares by inheritance in capital companies

In capital companies, shares may be acquired through voluntary transactions such as sale, donation, or barter, or they may also be acquired by operation of law under the provisions related to inheritance, compulsory execution, and property regimes. The acquisition of shares by operation of law is regulated differently from voluntary transfers under the Turkish Commercial Code No. 6102 (TCC). In this thesis, the acquisition of shares in capital companies through inheritance, which is one of the cases of statutory transfer, will be analyzed. Examining this subject is of great importance in terms of establishing a fair balance between the property and inheritance rights of the person who acquires the shares by inheritance, as guaranteed by the Constitution, and the company's interests in protecting its unique qualities and independence, as well as guarding against alienation by preventing unwanted heirs from becoming shareholders. Keywords: Capital companies; registered shares; transfer of shares, lnheritance; Escape-Clause