COURT OF FIRST INSTANCE
PLAINTIFFS:
1)…………………………………………………
2)…………………………………………………
3)…………………………………………………
COURT CLERK: . ………………………
DEFENDANT: ……………………………………………….. (creditor in the enforcement file)
COURT CLERK: ………………………
SUBJECT: Request for Determination of Shipwreck Being Subject to Debt.
INSTRUCTIONS:
Who is the deceased of our clients? ……………….. Turkish ID number ……………. He/she passed away on …/…/20…. After the deceased’s death, our clients remained as heirs. ……………… Since it is known that the deceased had no assets at the time of death, our clients did not contest the will regarding the deceased’s estate. After the expiration of the period for renouncing the inheritance, it has been understood that the defendant in the case in question, in relation to the enforcement proceedings initiated by the deceased, the deck of the ………………. ship is in debt.
…………… had no real estate or securities of any material value registered at the time of death. Our clients are our inheritance… ………. left our clients no assets of material value as of the date of death, but also left numerous debts.
On behalf of my clients, the defendant ………………. has filed a lawsuit against ………………. with the ……………. ……………. Enforcement Directorate. Enforcement proceedings have been initiated through the numbered enforcement file, and a payment notice has also been issued due to my clients being in the position of legal heirs as a result of their death. Therefore, my clients are faced with paying the debts of the shipwrecked vessel that has sunk into debt.
The Supreme Court decision dated 03/14/2001, in the summary of decisions numbered 2001/2-220 and 2001/240, stipulates that the “renunciation of our inheritance” will be determined unilaterally or through litigation in the case of actual heirs; However, it was stated that in the case in question, “judicial rejection” would not give rise to any power of will or lead to a result through litigation. Furthermore, an exception was made to the rule that the rejection took place automatically and that the inheritance would be transferred to the heirs automatically upon the opening of the inheritance. In fact, a person deemed by the state to have renounced the inheritance may request that this status be determined by directing hostility towards creditors or may assert this through litigation. This provision is determined as follows.
Similarly, in the summary of the decisions of the General Assembly of the Supreme Court dated 16.04.2008, numbered 2008/4-332 and 2008/336, it is stated that: “The lawsuit concerns a claim for inheritance compensation. The dispute concerns whether the provisions relating to the rejection of inheritance apply.
If the deceased’s ability to pay is clearly defined or officially determined, the inheritance is deemed to have been renounced. For the consequences of a ruling to take effect, there is no need for a will to be disclosed or for a lawsuit to be filed. A person whose inheritance is deemed to have been legally renounced may request that this situation be determined by filing a lawsuit against creditors or by way of objection. It is understood from the scope of the file that the deceased had no movable or immovable property and no income.
In this case, it must be clearly accepted that the deceased had no means to pay. The decision to dismiss the case on the grounds that the inheritance was rejected for the stated reasons is in accordance with the procedure and the law. The ruling is as follows. Decision No. 2002/3022 of the 10th Civil Chamber of the High Court and Decision No. 2002/3315 of the 4th High Court of Appeal. Decision No. 2002/1607 of the Civil Chamber and Decision No. 2002/5992 of the High Court. A similar provision was also introduced in the 4th Civil Chamber’s decision numbered 2004/6782 and decision numbered 2005/155.
In light of the decisions of the General Assembly of the Supreme Court and the Chambers of Justice, it is clear that a lawsuit may be filed to determine that the land registry is in debt to its creditors, that this lawsuit is not subject to a statute of limitations, and that the court of first instance will hear this case.
For the reasons stated above, we were compelled to file the aforementioned lawsuit to determine that my clients’ company is insolvent.
LEGAL GROUNDS:
TMK. And all other provisions of the legal legislation,
LEGAL EVIDENCE: ……………( )..20 Enforcement Directorate…./……… E. Numbered follow-up file, inheritance certificate, land registry records, traffic records, witness statements, expert examination, and all other legal evidence.
REQUEST AND CONCLUSION: For the reasons stated and explained above, if it is decided that the inheritance is indebted, we respectfully request and demand that our clients’ inheritance be lifted and that the court costs and attorney’s fees be borne by the opposing party. …/…/20
Attorneys for the plaintiffs