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Title:Cancellation of land registration due to testator collusion and mitigation : diploma thesis
Authors:ID Tomruk, Gamze (Author)
ID Özkan, Fikret (Mentor) More about this mentor... New window
Files:.pdf RAZ_Tomruk_Gamze_i2016.pdf (837,29 KB)
MD5: 5E395695A3CC3BB1B5D5E0691908A284
 
Language:English
Work type:Bachelor thesis/paper
Typology:2.11 - Undergraduate Thesis
Organization:EVRO-PF - Nova Univerza - European Faculty of Law
Abstract:In my study; it is aimed that the elements, connections with the mitigation case and the proceeding procedures of collusive transactions of testator which can be frequently seen in practice, not being specially regulated on Code of Obligations or Civil Code, only decreed in 18th article of code of obligations as relative collusion are examined. Article 19 of the code of obligations that the relative collusion is regulated is applied to the collusive transactions of the testator which is a kind of relative collusion. In addition to the relevant legal provisions and IBK decision dated 01.04.1974, subsequent Assembly and Supreme Court decisions are applicable. Issues such as apparent and secret deed of gift (donation, sale, contract to provide care until death) and relevant Supreme Court decision and controversial issues were discussed. In case of proving the land registry cancellation and registration cases which are opened by heirs because of the collusive transactions of the testator when he is alive, it is decided that the visible transaction is a collusion and hidden transaction is invalid due to violation of procedure and the related results were examined.
Keywords:law of succession, law of obligations, collusion, apparent (collusive) transaction, confidential agreement, collusion agreement, bachelor thesis
Place of publishing:Istanbul
Place of performance:Istanbul
Publisher:[G. Tomruk]
Year of publishing:2016
Year of performance:2016
Number of pages:V, 46 f.
PID:20.500.12556/ReVIS-3805 New window
COBISS.SI-ID:1024713841 New window
UDC:347.65(043.2)
Note:Dipl. delo 1. stopnje bolonjskega študija;
Publication date in ReVIS:12.07.2018
Views:2246
Downloads:137
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