Through the legacy of agricultural enterprises and land inheritance

The title of this thesis is "Through the Legacy of Agricultural Enterprises and Land Inheritance". In this thesis, how agricultural businesses and lands are shared among the heirs and how this sharing is determined in the case of their being subjects of inheritance are examined. The Introductory Chapter focuses on the presentation, the importance, and the limitations of the topic. In this chapter, it has been stated that this thesis concentrates on especially those agricultural businesses and lands which are owned by legal persons as subjects of inheritance. The scope of Chapter One is mainly the concept of agricultural businesses and lands. In this chapter, agricultural businesses are evaluated in terms of their activity and the factors that affect their production. Within these factors, in particular, the concept of agricultural lands is highlighted as a significant contributor. Therefore, Chapter One includes both agricultural businesses and agricultural lands. However, it should be also noted that the concept of agricultural business, as an umbrella term for an economic unit, includes the concept of agricultural lands. That Chapter also involves a discussion of whether agricultural businesses can be qualified as commercial businesses or not in the sense of business law, and of whether this affects the transition through inheritance or not. As the final point in this chapter, the terms and consequences of running agricultural businesses or achieving income from agricultural lands for legal persons have been examined. In Chapter Two, the allocation terms of Turkish Civil Code, which were in force prior to 15 May 2014 and apply to the agricultural businesses as subjects of inheritance, are analyzed. The definition of allocation and legal characteristic of allocation terms are explained. Concluding that allocation is accepted as distribution, the necessary conditions in order to apply allocation terms and how to apply this allocation are explained. This chapter involves the terms and consequences of allocation and an analysis of the relationship between legal heirs as its final points. In Chapter Three, the legal system of the transfer of ownership forced into in 15 May 2014 to apply to agricultural lands as subjects of inheritance is studied. This chapter also bases its argument on the same system as the one in Chapter Two, and whenever possible, comparative analyses are made. On the other hand, the main focus of this chapter is the xi system of the transfer of ownership as far as the agricultural lands are concerned. As, the system of the transfer of the ownership, unlike allocation terms, involves imperative provisions, this system is also analyzed from within, through a study of its legal characteristics, conditions, and its application. Then, by referring to the terms and consequences of the transfer of ownership, analyses are made. The concluding chapter includes the conclusions reached during the study.