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4721 S.lı Türk Medeni Kanunu - Son Eklenen Şerhler

4721 S.lı Türk Medeni Kanunu - Son Eklenen Şerhler

Legator, may establish rules concerning how to be made of partitioning and how the shares to be constituted by his or her testamentary disposition. These rules, are binding for heirs provided that opportunity of equalization of shares is reserved in case of an inequality not intended by legator. Unless is understood from disposition that legator wished contrary of, allotment of estate property to a heir by legator, is just regarded rule of partitioning, not will.
(Şerh No: 14635 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-05-2013 15:52)

In case a heir has requested convertion of collective ownership over the whole or some parts of properties included in the estate to shared ownership, judge of peace issues a call to the other heirs to notify their objections if there is any within a period that he or she will specify. In case there has not been brought any objection justifying continuation of collective ownership or any one of heirs has not filed a suit for partitioning within the period specified, it is ruled on convertion of collective ownership to shared ownership over the property which is subject of request. Provisions above shall apply in relation to division of the other rights and credits included in the estate at the rate of shares as well.
(Şerh No: 14632 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-05-2013 15:30)

In case there has been a foetus might be heir on the date which inheritance opened, partitioning is postponed until birth. If mother is in need, she may request subsistence costs to be provided from estate until birth.
(Şerh No: 14631 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-05-2013 15:21)

Heirs, are liable from debts of estate severally. Compensation at a fair amount to be granted to major children and grandchildren living with mother and father or grandmother and grandfather and allocating their labours and incomes to family, is deemed debt of estate provided that the estate does not fall into insolvency for that reason.
(Şerh No: 14629 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-05-2013 15:01)

In case there have been heirs more than one, a community inluding all rights and obligations in estate comes into existence among heirs until partitioning with the passage of inheritance. Heirs own the estate collectively, provided that power of representation or administration arising from contract or the law is reserved, they dispose all rights belonging the estate jointly. Court of peace may appoint a representative to community of heirs until partitioning upon request of one of heirs. Each one of heirs, may request to be protected rights in the estate. All of heirs benefit from protection provided. If a heir is insolvency, other heirs upon opening of inheritance, may demand from the court of peace to be taken required measures for protection of their rights without delay.
(Şerh No: 14628 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-05-2013 14:55)

Action of interest of legatee, becomes time barred within one year starting from the date on which the plaintiff has discovered that he or she has been heir himself/herself or the defendant with good faith has possessed the estate or estate property and in any case by elapsing ten years from over legator’s death or opening of the will. Lapse of time is twenty years against those without good faith.
(Şerh No: 14627 - Çeviren: Av.Kadir ORUÇ - Tarih : 29-05-2013 14:38)

In case action of legatee has been accepted, estate or property included in estate, is given to the plaintiff pursuant to provisions concerning possession. Defendant in action of interest of legatee, may not bring forward that he or she has acquired estate property through lapse of time.
(Şerh No: 14625 - Çeviren: Av.Kadir ORUÇ - Tarih : 27-05-2013 23:29)

Legal or appointed heir, may file an action of interest of legatee by setting forth his or her paramount right in heirship against the person who possesses estate or some estate properties. In this lawsuit, judge clears up disputes concerning capacity of heirship. Judge, takes all kinds of measures for protection of right upon request of plaintiff such as providing assurance of defendant or putting annotation to land registers.
(Şerh No: 14624 - Çeviren: Av.Kadir ORUÇ - Tarih : 27-05-2013 23:24)

Liquidation of estate which its assets in hand do not suffice to pay its debts, is made by the court of peace pursuant to provisions of bankruptcy.
(Şerh No: 14623 - Çeviren: Av.Kadir ORUÇ - Tarih : 27-05-2013 23:21)

Formal liquidation, includes completion of jobs in progress, fulfilment of obligations, collection of credits of legator, performance of credits of will proportional to capacity of estate, in case has been essential, determination of rights and obligations of legator by court and convertion of his or her properties into money. Liquidator, is liable to give information to heirs about lawsuit, execution proceedings and administartive transactions concerning estate. Immovables in the estate, are sold by public auction or in case all heirs accepted, by bargaining. Heirs, may request them to be given partially or wholly estate properties or money that are not necessary for liquidation during continuation of liquidation.
(Şerh No: 14622 - Çeviren: Av.Kadir ORUÇ - Tarih : 27-05-2013 23:18)

Katılma alacağı, yasadan kaynaklanan şahsi alacak hakkı niteliğinde olması ve talep edilebilmesi için davacının herhangi bir katkıda bulunması gerekmemesi sebebiyle tarafların fiilen ayrı olmaları talep hakkını ortadan kaldırmamaktadır. Davalı vekilinin bu hususa yönelen temyiz itirazları yerinde değildir.
(Şerh No: 14619 - Ekleyen: Av.Ufuk BOZOĞLU - Tarih : 26-05-2013 13:06)

Formal liquidation, is performed by the court of peace or one or a few liquidators to be appointed by it. It is started to formal liquidation by being drawn up the book of estate and requested by publication to be made at the same time creditors and debtors of legator to notify their credits and debts within specified period. If there has been drawn up formal book of estate previosly, formal liquidation is made according to that book. Liquidator, conducts his or her jobs regarding his or her duty under supervision of the court of peace. Heirs and creditors of estate may bring complaint in written to the court of peace because of transactions made or planned by liquidator within seven days starting from the date on which they have found out that.
(Şerh No: 14615 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-05-2013 11:45)

Creditors of legator who have suspicion in obtaining credits of him or her for persuvasive reasons, in case there have not been paid their credits even though they required or not have been provided assurance for them, they may request formal liquidation of estate within three months starting from the death of legator or opening of will. In case the same conditions exist, creditors of will may request to be taken required measures for protection of their rights as well.
(Şerh No: 14614 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-05-2013 11:38)

Every heir, may request formal liquidation of estate at the place where he or she will renounce of or accept inheritance according to the formal book. This request, is not taken into consideration in case where one of heirs who are heir in company has accepted inheritance. In case of formal liquidation, heirs shall not be liable from debts of estate.
(Şerh No: 14613 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-05-2013 09:28)

In case inheritance has passed to the State, court of peace draws up formal book of estate pursuant to the rules above ex officio. The State, is responsible from debts recorded in the book in proportion to the values that it obtained by means of succession only.
(Şerh No: 14612 - Çeviren: Av.Kadir ORUÇ - Tarih : 24-05-2013 09:21)

Debts of legator arising from surety are recorded to a different place on book and even though heirs accepted inheritance without any condition or reservation, they become liable from the amount of whatever would pass to the persons who are creditor because of surety in case estate has been liquidated from those debts pursuant to provisions of bankruptcy only.
(Şerh No: 14611 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-05-2013 19:19)

As well as heir towards creditors who have not recorded their credits within due period is not liable with his or her personal properties; he or she can not be deemed liable with properties which passed from estate to him or her. However, heir remains liable in proportion to his or her enrichment for credits of creditor which he or she could not recorded to the book unless having fault or for credits which not have been recorded even though he or she informed about. Creditors whose credits have been taken under assurance with estate properties, may take those rights of them from assurance even though they have not been recorded to the book.
(Şerh No: 14610 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-05-2013 19:14)

Inheritance accepted according to the formal book, passes to the heir with debts recorded to the book only. Passage of inheritance in this way, takes effect by starting from the opening date of inheritance. Heir, is liable both with the estate properties and with his or her own assets from debts of legator recorded to the book.
(Şerh No: 14609 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-05-2013 19:07)

Each one of heirs may declare within period allotted that he or she has renounced, requested formal liquidation of or accepted inheritance according to the book or without any condition or reservation. The heir who has not made any declaration within due period, is regarded accepted inheritance according to the book being kept.
(Şerh No: 14608 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-05-2013 19:04)

Every heir is called by the court to make declaration within one month after examination period of book expired. In case conditions necessitated, court of peace may bestow extra time for new appraisal of estate goods, settlement of disputes or similar situations.
(Şerh No: 14607 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-05-2013 18:02)

As long as formal bookkeeping lasts, there may not be made execution proceeding for debts of legator. It does not run lapse of time within that period. Except immediate cases, as well as not can be proceeded lawsuits, there can not be filed a new lawsuit either.
(Şerh No: 14606 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-05-2013 17:59)

Requisite administration tasks can be done during bookkeeping only. Other heirs may request from the heir to provide assurance to whom performing of jobs of legator has been left by the court of peace.
(Şerh No: 14605 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-05-2013 17:53)

Bookkeeping terminates by expiration of period designated on publication and the book may be examined by those concerned within at least one month to be alloted starting from that date. Costs of bookkeeping shall be paid from estate. If costs can not be covered from estate, they are taken from the heirs who requested bookkeeping.
(Şerh No: 14604 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-05-2013 17:48)

Credits and debts of which understood their existence from formal records or documents of legator, are entered to book directly. Those entered to book directly, are informed to creditors and debtors.
(Şerh No: 14603 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-05-2013 17:19)

The court of peace, calls creditors and debtors in order to inform their credits and debts within a certain period by publication to be made twice and one month intermittently. Call, includes persons who have been creditors or debtors because of surety as well. Creditors are warned about consequences of not to inform. Period of notification, is at least one month starting from the second publication.
(Şerh No: 14602 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-05-2013 17:13)

Formal book, is drawn up by the court of peace; assets and liabilities belonging to estate are recorded to that book with their appraised values. Every person who has knowledge about financial condition of legator, is obliged to give knowledge required by the court of peace. Those who do not give knowledge or give wrong or deficient knowledge unless being just cause, are liable to indemnify damage arising from that to heirs, creditors of will and third persons. Heirs are especially obliged to notify credits of legator known by them to the court of peace. It is designated how to keep formal book by regulation.
(Şerh No: 14601 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-05-2013 17:10)

Every heir who has right of renunciation of inheritance, may request to be kept formal book of estate. Bookkeeping, is requested from judge of peace within one month by means of obeying to procedure regarding renunciation of inheritance. Request of bookkeeping of one of heirs becomes effective about other ones as well.
(Şerh No: 14600 - Çeviren: Av.Kadir ORUÇ - Tarih : 23-05-2013 17:01)

Heirs who renounced of inheritance of a legator who was in insolvency, towards creditor of him or her, shall be liable proportional to the value which they have taken from him or her within five years before his or her death and will be obliged to return in partitioning of inheritance. Education and training expenses and dowry given for the purpose of custom are excluded from this liability. Heirs with good faith, are just liable in proportional to their enrichment that is at the time of returning.
(Şerh No: 14599 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-05-2013 18:16)

If the heir whose assets do not suffice for his or her debts renounces of inheritance with the purpose of damaging his or her creditors; creditors of him or her or administration of bankruptcy may file lawsuit regarding annulment of renunciation within six months starting from the date of renunciation in case not provided adequate assurance for them. If ruled on annulment of renunciation, inheritance is liquidated formally. If anything falls to the share of the heir who renounced of inheritance from inheritance liquidated in this way, first of all are paid credits of creditors who made objection, then credits of other creditors from this. As to values remained, they are given to the heirs who will benefit from renunciation if it were valid.
(Şerh No: 14598 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-05-2013 18:09)

In case creditor of will has renounced of inheritance, obligor of will shall benefit from this renunciation unless understood from disposition of legator that wish of him or her was different.
(Şerh No: 14597 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-05-2013 17:54)

In case there have been important reasons, judge of peace may enlarge renunciation period alloted to legal and appointed heirs or allot them a new period.
(Şerh No: 14596 - Çeviren: Av.Kadir ORUÇ - Tarih : 22-05-2013 17:53)

Heirs, while renouncing of inheritance, may request before liquidation their subsequent heirs to be asked whether they will accept inheritance or not. Renunciation in this case, is notified to the following heirs by judge of peace; in case they do not accept inheritance within one month, they are deemed renounced. Inheritance thereupon, is liquidated according to provisions of bankcruptcy and values remained at the end of liquidation are given to the preceding heirs.
(Şerh No: 14595 - Çeviren: Av.Kadir ORUÇ - Tarih : 21-05-2013 18:17)

In case all of descendants have renounce of inheritance, shares of them pass to surviving spouse.
(Şerh No: 14594 - Çeviren: Av.Kadir ORUÇ - Tarih : 21-05-2013 18:14)

Inheritance that has been renounced by all of closest legal heirs, is liquidated according to provisions of bankruptcy by the court of peace. Values remained at the end of liquidation, shall be given to right owners as if they have not renounce of inheritance.
(Şerh No: 14593 - Çeviren: Av.Kadir ORUÇ - Tarih : 21-05-2013 18:11)

If one of legal heirs renounce of his or her inheritance, his or her share passes to right owners as if he or she was not alive at the time of opening of inheritance. Share of appointed heir who renounced of inheritance, descends to closest legal heirs of legator, unless understood from testamentary disposition of legator that wish of him or her was different.
(Şerh No: 14592 - Çeviren: Av.Kadir ORUÇ - Tarih : 21-05-2013 18:08)

Renunciation of inheritance, shall be made by heirs at the court of peace by oral or written declaration. Renunciation has to be made without any condition or reservation. Judge of peace, retains oral or written declaration under an official document. Declaration of renunciation made in due time, shall be recorded to its private file by the court of peace where inheritance opened and if the heir renounced requires, a document signifying renunciation is granted to him or her. It shall be determined by a regulation how to be formed of official document and file.
(Şerh No: 14590 - Çeviren: Av.Kadir ORUÇ - Tarih : 20-05-2013 19:17)

The heir who has not renounced of inheritance within legal term, shall be deemed acquired inheritance without any condition or reservation. Heir who involved in estate matters as heir before period of renunciation expired, made jobs not in characteristic of ordinary administration of estate or jobs other than ones necessary for conducting jobs of legator or concealed estate properties or appropriated them for himself or herself, may not renounce of inheritance. Filing lawsuit or starting execution proceeding in order to prevent expiration of limitation periods or foreclosures, shall not remove right of renunciation.
(Şerh No: 14591 - Çeviren: Av.Kadir ORUÇ - Tarih : 19-05-2013 23:01)

Right of renunciation of legator who died before he or she renounced of inheritance, passes to his or her own heirs. Period of renunciation for those heirs, starts from the date on which they have discovered that inheritance passed to their legator. Nevertheles that period, shall not expire unless the period allotted to heir for renunciation of inheritance passed from their legator. If inheritance passes as a result of renunciation to those who were not heirs previously, period of renunciation for them, starts to run from the date on which they have discovered that have been renounced of inheritance by previous heirs.
(Şerh No: 14589 - Çeviren: Av.Kadir ORUÇ - Tarih : 19-05-2013 22:38)

Period of renunciation of inheritance in case of recording of estate as a protection measure, starts to run for legal and appointed heirs by being informed them by judge of peace of recording transaction has been terminated .
(Şerh No: 14588 - Çeviren: Av.Kadir ORUÇ - Tarih : 19-05-2013 22:28)

There may be renounced of inheritance, within three months. This period, starts to run for legal heirs from the date on which they discovered the death of legator unless has been proved that they discovered their heirship later; for heirs appointed by will, from the date on which disposition of legator has been notified formally to them.
(Şerh No: 14587 - Çeviren: Av.Kadir ORUÇ - Tarih : 19-05-2013 22:20)

Legal and appointed heirs have right to renounce of inheritance. It is deemed renounced of inheritance, if insolvency of legator is certain obviously or determined formally on the date of his or her death.
(Şerh No: 14586 - Çeviren: Av.Kadir ORUÇ - Tarih : 19-05-2013 22:18)

If heirs, pay debts of legator which they did not know previously after fulfilling obligation of will, they shall have right of reclaiming that given from creditor of will as a rate that they can claim the will to be reduced. Creditor of will, may only be deemed liable in proportional to his or her enrichment existing at the time of reclaiming.
(Şerh No: 14585 - Çeviren: Av.Kadir ORUÇ - Tarih : 19-05-2013 22:13)

Rights of creditors of legator, take precedence of rights of creditors of will, rights of creditors of will, take precedence of rights of creditors of heirs as well. Creditors of heirs who accepted inheritance without any condition or reservation and creditors of legator shall have the same rights.
(Şerh No: 14584 - Çeviren: Av.Kadir ORUÇ - Tarih : 19-05-2013 22:05)

Right of action of creditor of will, becomes time barred by elapsing ten years from the time on which he or she discovered voluntary disposition causa mortis or if debt of will will become due later, from the date of becoming due.
(Şerh No: 14583 - Çeviren: Av.Kadir ORUÇ - Tarih : 19-05-2013 22:00)

Right of request of a person in favour of whom has been bequethed right of usurfruct or right of revenue or any other performance repeated at certain intervals, is subject to the rules of property law and law of obligations unless specified any other principle in disposition. Person to whom bequethed a credit of insurance to be paid for on legator's death, is entitled to exercise his or her right of request arising from contract of insurance directly towards insurer.
(Şerh No: 14582 - Çeviren: Av.Kadir ORUÇ - Tarih : 19-05-2013 21:54)

Creditor of will,shall have a personal right of request towards official of execution of will if there is any; if not, towards legal or appointed heirs. This credit, becomes due by acception of inheritance by obligor of will or by forfeiture of right of refusal unless is understood otherwise from dispositon. Creditor of will, may plead delivery of property bequeathed or transfer of right; if subject of will is an act, indemnification of damage arising from nonfulfilment of that towards the obligor of will who not fulfilled his or her obligation.
(Şerh No: 14581 - Çeviren: Av.Kadir ORUÇ - Tarih : 19-05-2013 18:25)

Heirs, acquire inheritance as a whole by death of legator, pursuant to law. Provided that exceptional conditions reserved by law, heirs acquire real rights, credits, other rights of assets, possessions over movable or immovable properties of legator directly and become liable from debts of him or her personally. Appointed heirs, acquire inheritance by death of legator as well. Legal heirs, are liable to deliver to appointed heirs inheritance fallen to them pursuant to provisions of possession.
(Şerh No: 14580 - Çeviren: Av.Kadir ORUÇ - Tarih : 19-05-2013 18:14)

(Amended Article: Article 19 of the Law dated March 31,2011 and numbered 6217) A certificate is granted to the persons who have determined as legal heir upon request of them signifying their capacities of heirship by judge of peace or public notaryship. Unless brought objection by heirs or other creditors of will to appointment of heir or testamentary disposition concerning will within one month starting from notification to them, a certificate is granted to the person in favour of him or her has been made disposition, signifying that he or she has been appointed heir or creditor of will. There can be set forth invalidity of certificate of inheritance at any time. Right of action concerning annulment of testamentary disposition is reserved.
(Şerh No: 14579 - Çeviren: Av.Kadir ORUÇ - Tarih : 19-05-2013 18:00)

It is serviced to each one of those who has right in inheritance certified copy of sections of will belonging to their persons by judge so as to be belonged its cost to estate. It is serviced to those who not known where they are sections of will belonging to their persons by announcement.
(Şerh No: 14578 - Çeviren: Av.Kadir ORUÇ - Tarih : 19-05-2013 17:36)

Will, regardless of whether it is valid or not, is opened and pronounced to those concerned by judge of peace of legator’s place of residence within one month starting from its delivery. Heirs known and others concerned are summoned so as to be present during opening of will if they wish. The same transactions are also made for wills of legator appeared later.
(Şerh No: 14577 - Çeviren: Av.Kadir ORUÇ - Tarih : 19-05-2013 17:19)

It is imperative of delivery of the will of the legator, come to hand after his or her death immediately to judge of peace regardless of being valid or not. Official who draws up or maintains or one who keeps upon request of legator or obtains by any other way or finds in properties of legator the will, is liable to fulfil his or her duty of delivery as soon as he or she discovers death; otherwise he or she shall be responsible from damage to arise for this reason. Judge of peace, examines the will delivered immediately, takes required protection measures; rules on delivery of estate to legal heirs temporarily or administration of it officially by hearing those concerned if there is possibility.
(Şerh No: 14576 - Çeviren: Av.Kadir ORUÇ - Tarih : 19-05-2013 17:09)

In case not known whether legator has heir or not or all of heirs, judge of peace summons right owners to notify their capacities of inheritance within one year starting from the last announcement by making announcement twice through proper means and one month intermittently. If no any person applies within period of announcement and judge of peace could not determine any heir either, heritage passes to the State provided that being reserved to be filed action of interest of legatee.
(Şerh No: 14575 - Çeviren: Av.Kadir ORUÇ - Tarih : 19-05-2013 16:57)

Judge of peace or the person charged with by him or her for administration who governs estate formally, is responsible to govern the estate with due diligence as a good administrator and especially to fulfil the following tasks until disappearing of reasons of official administration or partitioning, in such a manner that not to cause rights of right owners to be lost; 1. Recording of estate, if not has been made yet, 2. Taking of required protection measures, 3. Selling of estate properties in case it has been suitable for benefits of heirs or requirements of a good administaration, 4.Collecting of credits and discharging of debts of legator, 5. Execution of wills which appeared that not injuring legal rights of heirs by permission of judge of peace and approval of judge of general jurisdiction, 6. Deposition of moneys belonging to the estate to a bank designated by regulation so as to draw interest or buying Government bonds with those moneys or transformation of investments lack of sufficient assurance to investments having assurance. 7. If there has been commerce house, manufacturing shop or any other business unit in estate, maintaining of them as they are; if there is no use of maintaining, taking required mesaures for liquidation of them. By being representative of community of heirs in matters under his or her duty; administrator of estate represents community in lawsuits and execution proceedings instituted against community and he or s...
(Şerh No: 14573 - Çeviren: Av.Kadir ORUÇ - Tarih : 17-05-2013 19:19)

In situations below, judge of peace rules on official administration of estate ex officio: 1. If interest of a one of heirs necessitates, in case he or she has not been found for a long time and has not left a representative either, 2. If no any one of those who claim that they are right owner in inheritance can prove capacity of heirship sufficiently or it is doubtful that whether a heir has been or not, 3. If not all of heirs are known, 4. If provided by law specially. If legator has appointed official of execution of will so as to be entitled over all estate, administration of estate is granted to him or her unless there has been an important hindrance. If legator has been under custodianship or guardianship, legal custodian or guardian is charged with administration of estate unless there has been an inconvenince. Judge of peace, rules on being paid a proper fee to the person who has been charged with administration of estate, so as to be covered from the estate in case of his or her request.
(Şerh No: 14572 - Çeviren: Av.Kadir ORUÇ - Tarih : 17-05-2013 17:35)

Those regarded necessary from estate properties which recorded, shall be sealed. There shall be taken proper protection measure for unsealed goods. Taking under sealing may also be done before recording. While estate being sealed, properties required for needs of those living with the legator are recorded under an official report and handed over them as trusted persons; sections of immovables which are essential for them to live in, are excluded from sealing. Sealing which has been made upon request of creditor, is limited by the amount taken under assurance. Sealing shall not be made in case provided assurance to creditor, if made, shall be removed.
(Şerh No: 14570 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-05-2013 08:27)

In case one of the reasons below has taken place, judge of peace shall decide bookkeeping of estate: 1. If there is a person under guardianship or needed to be taken under guardianship among heirs, 2. If one of heirs can not be found for a long time and there has not been representative of him or her either, 3. If one of heirs or those concerned, makes a formal request within one month starting from the date of death, Process of bookkeeping shall be completed without delay.
(Şerh No: 14569 - Çeviren: Av.Kadir ORUÇ - Tarih : 16-05-2013 07:35)

Judge of peace of residence place of legator, shall take all measures required in order to provide protection of estate properties or transfering them to right owners upon request or ex officio. These measures, are related to recording of assets and rights included in estate, sealing of estate, administration of estate formally and opening of will especially in cases specified by law. Expenses concerning measures, so as to be taken from estate in future, are covered by the applicant person; by the State, in cases where judge has taken measure ex officio. If legator has died at a place other than his or her residence place, judge of peace of that location notifies that death to judge of residence place without delay and delivers relevant file and the will if there is to judge of peace of residence place by taking required measures for protection of properties existent in death place of legator.
(Şerh No: 14566 - Çeviren: Av.Kadir ORUÇ - Tarih : 15-05-2013 18:19)

If assets of a person not known whether he or she is alive or purporty which falls to him or her are administered ten years long formally or the period which the person whose assets are administered in this way will complete a hundred age lapses, there shall be declared absence of that person upon request of the Treasury. If no any right owner appears within proclamation period which is necessary to deliver declaration of absence, unless a contrary provision exists, heritage of absent passes to the State. The State, is liable to return towards absent or right owners, just like the persons who taken delivery of heritage of absent.
(Şerh No: 14565 - Çeviren: Av.Kadir ORUÇ - Tarih : 15-05-2013 17:58)

In case any inheritance falls to absent after heirs of absent taken delivery of estate goods, the persons on whom will devolve purparty that falls to him or her due to absence, may request that purparty to be delivered unless having to provide a declaration of absence additionally. Heirs of absent may also rely on declaration of absence obtained by the persons who taken delivery of purporty which fallen to absent in the same way.
(Şerh No: 14564 - Çeviren: Av.Kadir ORUÇ - Tarih : 15-05-2013 17:47)

Purparty of the heir who is not found anywhere and there can not be proved whether he or she is alive at the moment of opening of inheritance, shall be administered formally. Persons to whom will fall purparty of one in case that person not found anywhere at the moment of opening of inheritance has not been alive, may request to be declared that person’s absence and to be delivered purparty of him or her to them by obeying time limits and procedure concerning to absence. Delivery of purparty, is subject to the rules regarding delivery to heirs of heritage of the person about whom has been declared absence.
(Şerh No: 14563 - Çeviren: Av.Kadir ORUÇ - Tarih : 15-05-2013 17:28)

If absent appears or the persons who claim having greater rights prove those capacities of them, persons who have taken delivery of estate goods, are liable to return the goods taken, pursuant to rules of possession. Returning obligation of persons having good faith to greater right owners is subject to period of limitaton regarding actions for interest of legatee.
(Şerh No: 14560 - Çeviren: Av.Kadir ORUÇ - Tarih : 15-05-2013 09:56)

Heirs of a person about whom has been decided declaration of absence or persons who have rights in his or her heritage, have to provide assurance concerning to return those goods to greater right owners who can be appeared in future or to the absent himself/herself before goods of estate are delivered them. This assurance, shall be provided for five years in case of being disappeared in danger of death, fifteen years in case not hearing from for a long time and in any case for a period as if the absent would reach to the age of a hundred. Five years, shall be calculated starting from delivery of goods of estate; fifteen years from the last hearing date.
(Şerh No: 14559 - Çeviren: Av.Kadir ORUÇ - Tarih : 15-05-2013 09:39)

There can be left heritage or property of heritage as reversionary heir or reversionary creditor of will to a person who does not exist yet at the moment of opening of inheritance. If there has not been appointed first devisee by legator, legal heir, is deemed first devisee.
(Şerh No: 14558 - Çeviren: Av.Kadir ORUÇ - Tarih : 15-05-2013 09:28)

Foetus, becomes heir provided that be born alive. Child who born dead, can not be heir.
(Şerh No: 14557 - Çeviren: Av.Kadir ORUÇ - Tarih : 15-05-2013 09:21)

Somut olayda taraflar arasında devam eden boşanma davası bulunduğu saptandığından bu boşanma davasının açılmasıyla davacının mal rejiminden kaynaklanan alacak hakkı doğmuştur. Tasfiyeye karar vermek için boşanma davası bekletici mesele yapılmalıdır.
(Şerh No: 14556 - Ekleyen: Av.Habibe YILMAZ KAYAR - Tarih : 14-05-2013 20:59)

In order to become creditor of will, it is essential to be alive having capacity of succeeding at the moment of legator’s death. In case creditor of will has died before legator, unless otherwise understood from disposition, obligation of execution of will, shall be removed on behalf of the person liable from will.
(Şerh No: 14555 - Çeviren: Av.Kadir ORUÇ - Tarih : 14-05-2013 18:13)

In order to become heir, it is essential to be alive having capacity of succeeding at the moment of legator’s death. In case the heir who is alive when inheritance opened dies later, his or her right of inheritance passes to his or her own heirs.
(Şerh No: 14554 - Çeviren: Av.Kadir ORUÇ - Tarih : 14-05-2013 18:11)

Deprivation from inheritance, affects the person who is deprived of only. Descendant of the one who is deprived of inheritance, shall be heir just like descendant of the person who died before legator.
(Şerh No: 14553 - Çeviren: Av.Kadir ORUÇ - Tarih : 14-05-2013 18:05)

As well as the persons below can not be heir; they can not obtain any right through a testamentary disposition either: 1. Persons who deliberately and unlawfully murders or attempt to murder legator, 2. Persons who render legator not able to make testamentary dispositions permanently, 3. Persons who provide and restrain legator to make a testamentary disposition or to renege from such a disposition by way of deceit, coercion or intimidation, 4. Persons who annihilate or spoils a testamentary disposition at a time or situation that legator can not make again, Deprivation from inheritance, disappears by forgiving of legator.
(Şerh No: 14552 - Çeviren: Av.Kadir ORUÇ - Tarih : 14-05-2013 18:03)

Bilinen en son adresin tebligata elverişli olmadığının anlaşılması veya tebligat yapılamaması halinde, muhatabın adres kayıt sisteminde bulunan yerleşim yeri adresinin, bilinen en son adres olarak kabul edileceğine ve tebligatın burada yapılacağına imkan veren Tebligat Kanununun 10. maddesine 6099 sayılı Yasayla ilave edilen hüküm; bu adresin aynı davada "hasım" olan diğer tarafın adresi olmaması halinde uygulanabilir. Davalıya usulünce tebligat yapılmalıdır.
(Şerh No: 14551 - Ekleyen: Av.Ufuk BOZOĞLU - Tarih : 13-05-2013 12:34)

Executor of will, is responsible to be attentive while performing his or her duty; is liable as a representative towards concerned people.
(Şerh No: 14523 - Çeviren: Av.Kadir ORUÇ - Tarih : 12-05-2013 18:18)

As every person may be heir other than the persons without capacity of succeding, they may be creditor of will as well, according to this Code. Voluntary dispositions made for a certain purpose in favour of a community not having a legal personality, are regarded acquired by the persons of that community together on condition that to realize that goal specified by legator; if it is not possible to realize that goal in this way, voluntary disposition made is considered formation of foundation.
(Şerh No: 14549 - Çeviren: Av.Kadir ORUÇ - Tarih : 12-05-2013 14:13)

Inheritance, shall be opened at of place of residence of legator for the whole of assets. Annulment or reduction of legator’s dispositions, actions for partitioning of heritage and interest of legatee shall be administered in this court of place of residence.
(Şerh No: 14548 - Çeviren: Av.Kadir ORUÇ - Tarih : 12-05-2013 13:50)

Inheritance, is opened by the death of legator. Voluntary dispositons and apportionments that legator has made in his or her lifetime concerning inheritance, shall be evaluated according to condition of heritage that is at the time of death.
(Şerh No: 14547 - Çeviren: Av.Kadir ORUÇ - Tarih : 12-05-2013 13:30)

If one who renounced of inheritance is obliged to return a property or a different value to heritage because of reduction, he or she may both return value subject to reduction or he or she joins to apportion as if not he or she has renounced of inheritance by giving back all the things obtained from heritage if he or she wishes.
(Şerh No: 14546 - Çeviren: Av.Kadir ORUÇ - Tarih : 12-05-2013 13:17)

If legator has made dispositions exceeding the portion of the heritage that can be dispose of in his or her lifetime in favour of the heir who renounced of inheritance; other heirs may request this to be reduced. In this case, the portion exceeding reserved portion of the heir who renounced of inheritance shall be subject to reduction only. Deduction of values of dispositions, shall be made pursuant to rules of equalization in inheritance.
(Şerh No: 14544 - Çeviren: Av.Kadir ORUÇ - Tarih : 12-05-2013 12:39)

If legator has transferred all of his or her assets to the heir who he or she has appointed by contract of inheritance in his or her lifetime, this heir may request to be formed official book. If legator has not transferred the whole assets of him or her or he or she has acquired new properties after transfering the whole assets; contract of inheritance includes the properties which have been transferred in lifetime only, unless it included a contrary rule. In case legator has transferred his or her assets in his or her lifetime, if there is no any different rule in contract of inheritance, rights and obligations arising from contract of inheritance pass to the heirs of appointed heir.
(Şerh No: 14542 - Çeviren: Av.Kadir ORUÇ - Tarih : 12-05-2013 12:19)

Right to institute action for reduction, lapses within one year starting from the date on which heirs discovered that their reserved portions injured, in any case by elapsing ten years from the date of opening in wills, from the date of opening of the heritage in other dispositions. If annulment of a disposition provides entering of a previous one into force, time limits start to run at the date of finalization of annulment decision. Assertion of reduction, may be set forth at any time via exceptio.
(Şerh No: 14541 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-05-2013 23:14)

Reduction, shall be made from testamentary dispositions firstly, if this does not suffice, from voluntary dispositions inter vivos by going back from the most recent one to the oldest until reserved portion is completed. Testamentary dispositions and voluntary dispositions inter vivos made in favour of statutory bodies and associations and foundations with public interest shall be reduced lastly.
(Şerh No: 14540 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-05-2013 22:56)

The heir whose reserved portion injured with the obligation of transfering heritage to reversionary heir, may request reduction of portion exceeding.
(Şerh No: 14539 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-05-2013 18:33)

If legator, makes obligant his or her heritage with usurfruct or revenue debt exceeding the portion that can be disposed of in case they have been transformed into capital according to their estimated duration period, his or her heirs may request reduction of right of usurfruct or revenue debt or removal of that obligation by giving the portion that can be disposed of.
(Şerh No: 14538 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-05-2013 18:27)

In cases where legator has made life insurance in favour of third person on purpose of being paid on his or her death or designated such a person beneficiary later or transferred right of demand towards insurer to third person without any consideration via an inter vivos or testamentary disposition, purchasing value of insurance credit which is on the date of legator’s death shall be subjected to reduction.
(Şerh No: 14537 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-05-2013 18:07)

If the person in favour of whom has been made voluntary disposition subject to reduction is good faithed, he or she is just obliged to return whatever remained on hands of him or her from voluntary disposition that has been at the moment of transfer of heritage; if not good faithed, he or she shall be liable pursuant to the provisions regarding returning obligation of possessor without good faith. The person whose voluntary disposition acquired through contract of inheritance has been subjected to reduction, may request that consideration which he or she has given for that voluntary disposition to be returned in proprtion to reduction.
(Şerh No: 14536 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-05-2013 17:50)

Voluntary dispositions below, shall be subject to reduction as testamentary dispositions: 1. Voluntary dispositions inter vivos made by legator in favour of legal heir who lost capacity of heirship on account of his or her purparty, transfer of assets to descendants on condition that not to be returned back or voluntary dispositions via liberating from debt or dowry and founding capital bestowed except usual, 2. Voluntary dispositions made in order to eliminate rights of succession before death, 3. Donations of legator by reserving to revoke freely and donations made by him or her except gifts as is the custom within one year before his or her death, 4. Voluntary dispositions of legator which are explicit that been made in order to render rules of reserved portion ineffective.
(Şerh No: 14535 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-05-2013 17:07)

If a bequest of a certain property indivisible is subject to reduction unless decreased its value, creditor of will, may request both the property to be given to him or her by paying the value of portion needed to be reduced or the money meeting the value of the portion that can be disposed of if he or she wishes. In case the property subject of disposition has been fallen to creditor of will, the value of the portion that is at the day of decision shall be decided to be paid as money which is necessary to be given to debtor of will because of reduction of the property, otherwise, will be fallen into disposable portion. These rules, shall apply in reduction of voluntary dispositions inter vivos as well.
(Şerh No: 14534 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-05-2013 16:30)

Reduction, unless appeared from disposition that wish of the legator was different, shall be made proportionally in all voluntary dispositions acquired via appointment of heir or by another testamentary disposition. If the person who in favour of him or her been made voluntary disposition has been made liable to execute some wills, in case voluntary disposition has been subjected to reduction, this person may request debts of will to be reduced at the same rate unless appeared from disposition that wish of the legator was different.
(Şerh No: 14533 - Çeviren: Av.Kadir ORUÇ - Tarih : 11-05-2013 15:06)

When legator has exceeded the portion that he or she can dispose of, if the heir whose reserved portion injured does not institute action for reduction despite notification of the administration of bankruptcy in the event of his or her bankruptcy or creditors who have proof of insolvency against him or her at the time of transfer of heritage; the administration of bankruptcy or these creditors, may institute action for reduction as a rate to obtain their credits and in time which allotted for the heir. In case the person who has been dismissed from heirship does not take objection to dismissal disposition, administration of bankruptcy or these creditors, may institute action for reduction with the same conditions as well.
(Şerh No: 14532 - Çeviren: Av.Kadir ORUÇ - Tarih : 10-05-2013 11:31)

Part exceeding reserved portions of voluntary dispositons made in favour of the heirs having reserved portions through testamentary disposition and which are exceeding the part that can be disposed of are subject to reduction proportionally.In case there have been more than one testamentary disposition subject to reduction, the part exceeding reserved portion of voluntary disposition made in favour of the heir having reserved portion and voluntary dispositions made in favour of the persons without reserved portions are reduced proportionally.
(Şerh No: 14530 - Çeviren: Av.Kadir ORUÇ - Tarih : 08-05-2013 11:45)

Heirs who can not obtain consideration of their reserved portions, may plead reduction of dispositions of the legator which exceed the portion that he or she can dispose of. Rules taking part in disposition regarding shares of legal heirs, unless appeared from disposition that wish of the legator was different, are regarded as rules of partition only.
(Şerh No: 14529 - Çeviren: Av.Kadir ORUÇ - Tarih : 08-05-2013 08:21)

Right for filing action for annulment, lapses within one year starting from the date on which the plaintiff discovers disposition, cause of annulment and that he or she was owner of right and in any case by elapsing ten years towards defendants having good faith, twenty years towards defendants not having good faith from the day of opening of the will in wills, from the day of transfer of inheritance in other dispositions. Invalidity, may be set forth at any time through exeptio.
(Şerh No: 14528 - Çeviren: Av.Kadir ORUÇ - Tarih : 08-05-2013 08:15)

Unless provided written consent of those concerned, land register official, can only correct any error in land registers by a court decission. Correction, might be both in forms of erasure of the old registry and making of a new registry as well. Land register official, will correct simple writing errors ex officio pursuant to regulation rules.
(Şerh No: 14527 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-05-2013 18:05)

Action for annulment, can be filed by inheritor or creditor of will who has interest in annulment of disposition. Action, might be regarding to annulment of the whole or some part of testamentary disposition. In case action for annulment is relied on invalidity caused by participation of the persons who have been made voluntary disposition in favour of them, their spouses or their kins in forming disposition, not the whole disposition cancelled, these voluntary dispositions will be cancelled only.
(Şerh No: 14526 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-05-2013 17:31)

It might be filed action for annulment of a testamentary disposition for the following causes; 1. If disposition has been made when the legator has no power of disposition, 2. If disposition has been made as a result of error,deception, intimidation or coercion, 3. If content of disposition, conditions which it bound or liabilities are against law and moral, 4. If disposition has been made unless obeyed to the forms prescribed by law.
(Şerh No: 14525 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-05-2013 17:00)

The official of execution of will, is subject to auditing of judge of peace in execution of duty. The judge, takes required precautions upon complaint or ex officio. If it is determined that the execution of will has been inefficient, has abused his or her duty or he or she has gross negligence, is relieved of duty by judge of peace. It can be objected to that decission before general court of jurisdiction within fifteen days starting from its notification. The decission made upon objection is final.
(Şerh No: 14521 - Çeviren: Av.Kadir ORUÇ - Tarih : 07-05-2013 16:32)

Davacının, dava dilekçesinde yer almayan, ilk defa ön inceleme duruşmasında ileri sürülen yoksulluk nafakası isteği, talep sonucunun genişletilmesi niteliğindedir. Aynı oturumda hazır bulunan davalı, bu isteğe muvafakat etmediğini ifade etmiştir. Bu durumda ıslah da söz konusu olmadığına göre, davacının yoksulluk nafakası talebi artık incelenemez.
(Şerh No: 14517 - Ekleyen: Av.Ufuk BOZOĞLU - Tarih : 06-05-2013 16:10)

vefat etmiş olup en yakın mirasçıları tarafından reddolunan mirasbırakan aleyhine takip başlatılamayacağından mevcut müvekkil banka alacağınnın tasfiyesi için terekenin iflas hükümlerine göre tasfiyesi sulh hukuk mahkemesinden istenmiş olup dava kabul edilmiştir
(Şerh No: 14512 - Ekleyen: Av.İrfan YABANCI - Tarih : 03-05-2013 19:42)

Dava konusu olan taşınmaz kamu hizmetine ayrılmamıştır. Heyelan bölgesi olması nedeniyle niteliği gereği jeolojik sakıncalı alan olarak belirlenmiştir. Taşınmaza henüz fiilen el atılmadığı anlaşıldığından davanın esastan reddi gerekir.
(Şerh No: 14491 - Ekleyen: Av.Ufuk BOZOĞLU - Tarih : 12-04-2013 19:22)

Yerel mahkeme ile Yüksek Daire arasındaki uyuşmazlık; dul eşin ölüm aylığı alabilmesi için sigortalının ölümü, prim gün sayısı ve sigortalılık süresi dışında başka koşulların da gerekip gerekmediği, diğer bir ifadeyle sigortalı eşini kasten öldüren davacıya ölüm aylığı bağlanıp bağlanmayacağı noktalarında toplanmaktadır. Her ne kadar TMK.578.maddesi "muris ile mirasçı ilişkilerini" düzenlemekte, 506 sayılı Kanun kapsamında sınırlı sayılı biçimde belirtilen "hak sahipliği" niteliğini kapsamaz ...
(Şerh No: 14471 - Ekleyen: Mehmet KARAUSTA - Tarih : 06-04-2013 22:37)

Türk Medeni Kanununun 197/son maddesine göre, eşlerin birlikte yaşamaya ara vermesi durumunda; eşlerin ergin olmayan çocukları varsa hakimin, ana ve babayla çocuklar arasındaki ilişkileri düzenleyen hükümlere göre, gereken önlemleri alacağı öngörülmüştür. Bu durumda, eşler halen evli olsalar bile gerekmesi halinde hakim velayetin birlikte kullanılmasına (TMK. md. 336/1) müdahaleyle geçici velayet düzenlemesi yapılarak velayeti ana veya babadan birinin üstlenmesine karar verilebilir.
(Şerh No: 14470 - Ekleyen: Av.Ufuk BOZOĞLU - Tarih : 05-04-2013 16:23)

Anne bir başka erkekle ilişkiye girmiş, onunla yaşamaya başlamış ise de, çocuklara karşı olumsuz davranışlarda bulunduğu ispat edilmemiştir. Gerçekleşen bu durum karşısında davanın reddi gerekirken yazılı şekilde hüküm kurulması usul ve yasaya aykırıdır.
(Şerh No: 14469 - Ekleyen: Av.Ufuk BOZOĞLU - Tarih : 05-04-2013 16:17)

 
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