T.C.
SUPREME
- law office
BASE NO. 2016/2553
DECISION NO. 2016/8639
DATE OF DECISION. 24.10.2016
IN THE CASE OF REFUSAL OF INHERITANCE, THE CASE MUST BE FILED BY SHOWING ALL CREDITORS.
LITIGATION : Plaintiffs attorney, by the denial of a petition and remand the heritage of the 14.12.2015 given on the day of the hearing on the request at the end; the provision of examination dated 12.01.2016 given for the rejection of the case requested by the plaintiffs attorney yargitayca time, but apparently decided upon the adoption of the petition of Appeal has been resolved by examining all the papers in the file and:
DECISION: Deputy plaintiffs, the plaintiffs’ murisi passed away on 31.03.2015, did not leave any assets in the registry,…4. They requested that the Executive Office determine that the shipwreck of murisin is submerged in debt due to the debt subject to the enforcement proceedings No. 2015/7700.
The court decided to dismiss the case on the grounds that the murisin’s inheritance was rejected by the plaintiffs after the legal rejection period had elapsed.
The judgment has been appealed by the deputy plaintiffs within the period of time.
The case is based on the legal reason for the determination that the shipwreck is submerged in debt 605/2 of the Turkish Civil Code. it is a case of denial of inheritance filed in accordance with the article. If on the date of his death it was clearly established or officially established that the murisin is incapable of paying, the inheritance is considered rejected. Heirs are subject to Article 610 of the Turkish Civil Code. unless there is also a written violation in the article, that is, he has tacitly accepted the inheritance, he can always ask for the determination of the incapacity of the murisin without paying. 606 of the Turkish Civil Code. the period specified in the article does not apply in this case. The case is brought against the creditors.
In a concrete case, if the court decided to dismiss the case on the grounds that the three-month period of reduction of rights has passed, this justification is not in place. Request TMK 605/1. according to article 605/2 of the Turkish Commercial Code, there is no real rejection of the inheritance. in accordance with the article, the determination that the shipwreck is submerged in debt (refusal of judgment) is related to the request. TMK’s 605/2. cases in the article are not subject to any period of time. As a result, a decision should be made according to the result by managing animosity towards all creditors and evaluating the evidence shown by the parties, while the request was mischaracterized and the provision in writing was not considered correct, so the decision had to be overturned.
CONCLUSION : For the reasons described above, it was decided unanimously on 24.10.2016 that there is no place for the plaintiffs’ attorney to BREAK the provision by accepting appeals, to examine other issues for the time being according to the reason of the violation, and to return it to the depositor if the appeal fee deposited in advance is requested.
