Yüksek LisansAçık Erişim

Case for annulment of the testament

2022
0 görüntülenme
0 i̇ndirme
Danışman: Dr. Öğr. Üyesi Orhan Çetin

Özet (EN)

Wills, which are the subject of our study, are unilateral legal transactions that do not need to be directed to anyone and can be freely withdrawn. Turkish Civil Code regulates testaments in three types: wills by public deed, holographic wills and oral wills. The legislator, who aims to keep the death-related last wishes of the inheritor alive as much as possible, has subject the invalidity of the will to the sanction of revocation. In the cases of annulment of the testament, which is the main subject of our study, based on one of the limited number of annulment reasons stipulated by the law, such as incompetence, violation of law and morality, disability of will and violation of form, a disabled will can be annulled and rendered null and void. The aim of our study is to explain the reasons for the annulment of the testament, its legal nature, procedural and substantive features, and the periods stipulated in the law. In addition, the similarities and differences of the action for the annulment of the testament with the enforcement of the will, which are similar lawsuits, the lawsuit for reparation due to inheritance, and the lawsuit for reduction will be determined and clarity will be provided. In addition, another aim is to present an academic work for the use of the legal community. The study differs from other studies in terms of examining only the annulment of testamentary dispositions. The study is important in terms of clearly revealing the differences of the invalidity sanctions stipulated by the legislator for transactions between warrants and testamentary dispositions, evaluating the reasons for annulment, including new proposals for sanctions, examining the procedural and substantive features of the annulment case, and comparing the annulment case with similar cases.

Yazar

Cem Soyupak

Bu Yayına Nasıl Atıf Yapılır

Cem Soyupak (Master Thesis). Case for annulment of the testament, 2022, Çağ University.

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