Responsibility of the Onerous Inheritance Waiver and Its Heirs Against the Inheritance Creditors
An inheritance waiver agreement is a contract between the deceased and the probable heir and deals with the partial or complete renunciation of the inheritance right of the presumptive heir. If the party waiving their inheritance right receives a benefit in return for making a waiver agreement, this...
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| Language: | English |
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Istanbul University Press
2023-06-01
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| Series: | İstanbul Hukuk Mecmuası |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/3BEDC016320049529FE1775822DA8032 |
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| author | Doruk Gönen |
| author_facet | Doruk Gönen |
| author_sort | Doruk Gönen |
| collection | DOAJ |
| description | An inheritance waiver agreement is a contract between the deceased and the probable heir and deals with the partial or complete renunciation of the inheritance right of the presumptive heir. If the party waiving their inheritance right receives a benefit in return for making a waiver agreement, this contract may cause creditors to suffer losses if the debts of the estate cannot be met from the estate. Article 530 of the Turkish Civil Code aims to eliminate this detriment to the creditors of such an estate. According to the article, if the debts of an estate cannot be met by the estate at the time the inheritance proceedings begin and the debts are not paid by the heirs, the waiver and heirs become liable to the creditors of the estate to the amount of their enrichment at the time the inheritance proceedings begin regarding the wealth they had received in the five years prior to the death of the deceased in return for the waiver. As can be seen, in order to implement Article 530 of the Turkish Civil Code, the estate must first of all be unable to meet the debts at the time the inheritance proceedings begin. Secondly, any debt that cannot be met from the estate must also not be paid by the heirs. The third condition for implementing the provision of Article 530 is that a gain must have been made by the person renouncing the inheritance in accordance with the waiver agreement and within five years prior to the death of the deceased. |
| format | Article |
| id | doaj-art-5aa9945ef952483d91effcfca92cc1e3 |
| institution | Kabale University |
| issn | 2667-6974 |
| language | English |
| publishDate | 2023-06-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | İstanbul Hukuk Mecmuası |
| spelling | doaj-art-5aa9945ef952483d91effcfca92cc1e32025-08-20T03:53:18ZengIstanbul University Pressİstanbul Hukuk Mecmuası2667-69742023-06-0181241143610.26650/mecmua.2023.81.2.0004123456Responsibility of the Onerous Inheritance Waiver and Its Heirs Against the Inheritance CreditorsDoruk Gönen0İstanbul Üniversitesi, İstanbul, TürkiyeAn inheritance waiver agreement is a contract between the deceased and the probable heir and deals with the partial or complete renunciation of the inheritance right of the presumptive heir. If the party waiving their inheritance right receives a benefit in return for making a waiver agreement, this contract may cause creditors to suffer losses if the debts of the estate cannot be met from the estate. Article 530 of the Turkish Civil Code aims to eliminate this detriment to the creditors of such an estate. According to the article, if the debts of an estate cannot be met by the estate at the time the inheritance proceedings begin and the debts are not paid by the heirs, the waiver and heirs become liable to the creditors of the estate to the amount of their enrichment at the time the inheritance proceedings begin regarding the wealth they had received in the five years prior to the death of the deceased in return for the waiver. As can be seen, in order to implement Article 530 of the Turkish Civil Code, the estate must first of all be unable to meet the debts at the time the inheritance proceedings begin. Secondly, any debt that cannot be met from the estate must also not be paid by the heirs. The third condition for implementing the provision of Article 530 is that a gain must have been made by the person renouncing the inheritance in accordance with the waiver agreement and within five years prior to the death of the deceased.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/3BEDC016320049529FE1775822DA8032inheritence waiverrenunciation of inheritanceinheritance creditorsprotections for estate creditorsinheritence waiver responsibilities |
| spellingShingle | Doruk Gönen Responsibility of the Onerous Inheritance Waiver and Its Heirs Against the Inheritance Creditors İstanbul Hukuk Mecmuası inheritence waiver renunciation of inheritance inheritance creditors protections for estate creditors inheritence waiver responsibilities |
| title | Responsibility of the Onerous Inheritance Waiver and Its Heirs Against the Inheritance Creditors |
| title_full | Responsibility of the Onerous Inheritance Waiver and Its Heirs Against the Inheritance Creditors |
| title_fullStr | Responsibility of the Onerous Inheritance Waiver and Its Heirs Against the Inheritance Creditors |
| title_full_unstemmed | Responsibility of the Onerous Inheritance Waiver and Its Heirs Against the Inheritance Creditors |
| title_short | Responsibility of the Onerous Inheritance Waiver and Its Heirs Against the Inheritance Creditors |
| title_sort | responsibility of the onerous inheritance waiver and its heirs against the inheritance creditors |
| topic | inheritence waiver renunciation of inheritance inheritance creditors protections for estate creditors inheritence waiver responsibilities |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/3BEDC016320049529FE1775822DA8032 |
| work_keys_str_mv | AT dorukgonen responsibilityoftheonerousinheritancewaiveranditsheirsagainsttheinheritancecreditors |