Author
Akkök, Semih
Publication Date
2019-11
Subject
The collusion, The sham transaction of the deceased., Deceiving the inheritors, Smuggling of goods, The case of canceling the title deed and registration, Muvazaa, Muris muvazaası, Cheating the heirs, Kidnapping of goods, Title deed cancellation and registration case
Type
Document
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Record ID
7164e1b3-a4fc-4b35-b932-6f833526e361
Library Location
Department of Private Law
Date
2019-11
Sample Text
One of the most common types of collusion in practice is the collusion of the deceased. This type of collusion, which is closely related to the law of obligations because the basis of the transaction is based on collusion, the law of inheritance because it is carried out by the testator with the aim of stealing goods from the heirs by deceiving them and can be filed gradually with a criticism case, and the law of property because it may ultimately lead to the correction of illegal registration, is not directly regulated in our legislation, but rather has been the subject of the decisions of the Supreme Court to unify the jurisprudence. In the first part of this thesis; In order to better understand the concept of collusion by the inheritor, the concept of collusion is examined in general under headings such as the definition of collusion, its elements, types, the legal consequences associated with the collusive transaction, and the comparison of collusion with similar legal concepts. In the second part of the thesis, the concept of inheritance collusion; It is examined in general under the headings of its definition, elements and the situation and motives that caused it to be made; Afterwards, the types of transactions that can be encountered as visible transactions of the testator's collusion, the sales contract, the care contract until death, and the donation contract, which is a secret transaction, are discussed; In addition, it is also examined whether some other transactions can be evaluated within the scope of inheritance collusion. In the last section, the legal consequences of the testator's collusion in terms of the apparent transaction and the hidden transaction are examined separately, and then the legal remedies that can be applied against the testator's collusion, the case of correction of improper registration, the case of reduction and the case of balancing the inheritance, and the relations of these cases with each other are discussed., One of the most common types of the collusion in practice is the sham transaction of the deceased. Because the basis of this transaction is related to the collision, it concerns the law of obligations. The sham transaction of the deceased also concerns the law of inheritance, since the purpose of the deceased is smuggling of goods by deceiving inheritors and the lawsuit can be filled with the action of reduction as an alternative pleading. Finally, because of the sham transaction of the deceased results in case of correction of wrongful entry, it concerns the law of property as well. However, at this point, it needs to be pointed out that, the sham transaction of the deceased is not directly regulated in our legislation with a special provision, but it is the subject of the decisions on the unification of conflicting judgments of court of cassation. In the first part of this thesis, for better understanding the term of the sham transaction of the deceased, the concept of collision is examined in general under the titles of the definition of collision, its elements, types; the legal consequences connected with the collision and the comparison of it with similar legal concepts. Afterwards, in the second part, the definition of the sham transaction of the deceased, its elements, situations and motivations which lead to the sham transaction of the deceased is examined in general. Then, the contract of sale and the contract for lifelong support as the apparent transaction of the sham transaction of the deceased and the deed of gift as the secret transaction of the sham transaction of the deceased are examined. In addition, it is also pointed out that, whether some other transactions can be evaluated within the scope of the sham transaction of the deceased or not. Finally, in the last section, the legal consequences of the sham transaction of the deceased in terms of the apparent and secret transactions are examined separately. Then, as the legal remedies against the sham transaction of the deceased, the case of correction of wrongful entry, the action for reduction, the case of equalization of inheritance and the relationship of these cases with each other are analyzed.
