Thesis Type: Postgraduate
Institution Of The Thesis: İstanbul Ticaret University, Sosyal Bilimler Enstitüsü, HUKUK ANABİLİM DALI, Turkey
Approval Date: 2014
Thesis Language: Turkish
Student: MANOLYA BALABAN EVİRGEN
Supervisor: ŞEKER MUZAFFER
Open Archive Collection: AVESIS Open Access Collection
Abstract:In this thesis, the fictitious transactions relating the transfer of immovable property of testator are examined. The purpose of the testator’s fictitious transactions is to harm all or some inheritors' inheritance rights, in practice, the testator often hides a sale transaction behind a donation in order to reach this purpose, in other words testator performs a fictitious transaction. The fictitious transactions of the testator's are high quality type of falsifications. In this type of transactions the ostensible agreement is void because of the simulation. The secret agreement is valid, unless a law stipulates a ruling case for the validity. Typical examples for the fictitious transactions of testators are transfer of an immovable, which is actually has been donated, with a lifelong support agreement or with a sale agreement as ostensible agreement. The Court of Appeal accepts the invalidity of the secret donation agreement due to formal defect but contrary opinions are also available in the doctrine.