A PETITION TO DETERMINE THE SINKING OF THE DEBT

……..THE COURT HAKIMLIGI

PLAINTIFFS :

1)………………………………………………
2)………………………………………………
3)………………………………………………
DEPUTY : . ………………………
DEFENDANT : ……………………………………………….. (enforcement file creditor)
DEPUTY : ………………………
SUBJECT: It is related to the Request to Determine that the Shipwreck is Submerged in Debt.

INSTRUCTIONS :

1. Who is the muris of our clients ……………….. TC ID number ……………. …/…/20…. he passed away on his date.After the death of Murisin, my clients remained as heirs. ……………… because it is known that he did not have any assets in his estate at the time of his death, our clients did not reject his legacy about the estate of Murisin. After the expiration of the period of refusal of the inheritance, the defendant of the case in question………’ on the enforcement proceedings initiated by muris ……………….it is understood that the ship’s deck is submerged in debt.
2. …………… there is no real estate or securities registered on it that may have material value on the date of death. Client are our heritage …….. ………. as of the date of his death, he has not left any assets of material value to our clients, as well as left a lot of debts.
3. Defendant ………………. by Muris of my clients ………………. against ………. . Executive Directorate Of …….. E. Enforcement proceedings have been initiated from the numbered enforcement proceedings file and, ……………’ due to the fact that they are in the position of legal heirs due to the death of my clients, a payment memorandum has also been notified.For this reason, my clients have been faced with paying off the debts of the shipwreck that is submerged in debt.
4. 14/03/2001 Supreme Court date, 2001/2-220 2001/240 principles and decision in the summary of the decision, “civil of our heritage “denial establish the duration of the genuine heirs description predicts the path of unilateral or litigation, even though in the case in question “judicial refusal” to result in the birth of willpower any description or litigation stipulated. Moreover, an exception has been made to the rule that rejection is considered to occur spontaneously and that the inheritance will be transferred to the heirs spontaneously upon opening. In fact, the person who is deemed to have refused the inheritance by the government may ask for the determination of this situation by directing hostility against the tereke creditors, or he may assert it through def.” the provision has been established as follows.
5. In the same way; in summary of the decision of the General Assembly of the Supreme Court of Law dated 16.04.2008, based on 2008/4-332 and Decision No. 2008/336; “The case is related to the rucuen compensation claim. The dispute is being convened on whether to apply the provisions on the refusal of the inheritance. If the inability of the testator to pay is clearly defined or officially determined, the inheritance is considered rejected. There is no need to explain any will or file a lawsuit in order for a denial of judgment to have consequences. A person whose inheritance is deemed to have been legally rejected may ask for the determination of this situation by directing hostility against the settlement creditors, as well as to assert it through defi. From the scope of the file, it is understood that the testator does not have any securities and real estate, nor does he have any income. In this case, it is necessary to accept that it is clear that the testator is incapable of paying. It is in accordance with the procedure and the law to decide on the rejection of the case on the grounds that the inheritance has been rejected for the reasons described.” The provision has been established as follows. Supreme Court 10. The decision of the Legal Department No. 2002/3022 and Decision No. 2002/3315, 4th Supreme Court of Cassation. Decision No. 2002/1607 of the Legal Department and Decision No. 2002/5992 of the Supreme Court 4. A similar provision was established in the decisions of the Law Department No. 2004/6782 and Decision No. 2005/155.
   In the light of the decisions of the General Assembly of the Supreme Court of Law and the Legal Departments, it is clear that a lawsuit can be filed against the creditors of the land registry to determine that the land registry is submerged in debt, this case is not subject to any period of time, the court of first instance is in charge of this case.

For the reasons stated, my clients’ murisi ………….in order to determine that the progress of the company is submerged in debt, we have had the obligation to open the case at hand.

LEGAL REASONS : TMK. And all other provisions of legal legislation,
LEGAL EVIDENCE : ……………( )..20 Of the Executive Directorate…./……… E. Numbered tracking file, certificate of inheritance, land registry records, traffic records, witness statements, expert examination and all other legal evidence.
REQUEST AND CONCLUSION: We respectfully offer and request that our clients’ inheritances be removed, trial expenses and power of attorney fees be charged to the opposite party if it is determined that the inheritance is in debt for the reasons we have provided and explained above. …/…/20

Deputy plaintiffs