The proof of collusion of deceased in light of the court's decisions

The subject of this thesis is "collusion of deceased, which is one of the most frequently encountered types of collusion in practice This study is composed of three main sections. The first section discusses the issue of collusion, which is a concern of law of obligations. It also discusses the legal basis, types, judgement, and consequences of collusion; assertion and proving of collusion; the difference of collusion from similar operations; and the point of view of the doctrine İn the second part jurisdiction for the claims arising from collusion of deceased, parties of regarding case, controversial issues related to proof in the procedure are explicated. Subsequently in the finaly part, more detailed and controversial issues are examined in the light of Supreme Court decisions, such as the reasons that led the deceased to sham transactions, the examples of sham transactions by deceased against his/her heirs and sham transactions which are to be mainly considered under the term of collusion of deceased. In my study, the sham (collusive)transactions of the testator that are seemingly legal (sales, arrangement of taking care of the person until he/she dies..etc.), his/her confidential donations and the decisions of Supreme Court of Appeals as well as the controversial issues about these subjects are mentioned. In this context, the landmark decision of the Supreme Court of Appeals dated 01.04.1974 some other following landmark decisions of the Supreme Court of Appeals and recent decisions of Supreme Court of Appeals directing this particular study are listed separately in my thesis. It is addressed the people that may allege the collision claims in the contracts and how such claims will be evidenced. During such researches, it is given place to the different opinions in the doctrine and the practices of High Court of Appeal for the better understanding of the subject. Key Words: Collusion(The Sham), Collusion of Deceased(Transactions of the Testator), The proof of Collusion of Deceased