Master'sOpen Access

The situation before sharing of the inheritance partnership in Turkish Law

2017
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Advisor: Doç. Dr. Metin İkizler

Abstract (EN)

The Situation Before Sharing of the Inheritance Partnership in Turkish Law In case the inheritance has been shared by more than one heir, the death of the legator automatically forms a partnership between these heirs by law. This partnership, from the opening of the legacy to the sharing, is called the heritage partnership. The partners of this partnership are legal and appointed heirs. The partners will acquire the inheritance together with all the rights and debts. The partners have mutual rights on the inheritance. Without prejudice to the exceptions arising from the law and the contract, the heirs unanimously perform all transactions relating to the treaty. As a rule, all heirs are required to join the lawsuits as parties. Each heir who accepted the inheritance has has personal and mutual responsibility for debts. Each heir may file a case for the sharing of hereditary partnership. However, it is possible to postpone the partition of the estate owing to the agreement of the heirs, the will of the inheritance, a provision of law or the decision of the. The law permits the transfer of the share of inheritance before or after the death of the legator. In order to be able to transfer the share of inheritance before the death of the legator, it is necessary to have the consent or approval of the legator to the contract.

Author

Dr. Ayşe Nur Merve Yazıcı

How to Cite

Ayşe Nur Merve Yazıcı (Master Thesis). The situation before sharing of the inheritance partnership in Turkish Law, 2017, Atatürk University.

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