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Cancellation of land registration due to testator collusion and mitigationGamze Tomruk, 2016
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.
Found in: osebi
Keywords: law of succession, law of obligations, collusion, apparent (collusive) transaction, confidential agreement, collusion agreement, bachelor thesis
Published: 12.07.2018; Views: 1887; Downloads: 133
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