The Form of the Contract of Renunciation of Inheritance
Inheritance contracts must be drawn up in the form of a formal will in order to be valid. The parties to the contract shall inform the official officer of their wishes at the same time and sign the contract in front of the officer and two witnesses. The contract of renunciation of inheritance must also bear the conditions of validity in question, since the negative inheritance contract is accepted. The official officer may be a magistrate, a notary or other persons who have been given this authority by law. The witnesses also sign the contract stating that they are witnesses. The contract of renunciation of inheritance, which is stated in the wording of the law to be drawn up in the form of an official will, differs from the official will. In the renunciation agreement, both parties simultaneously disclose their wills in the presence of an official official. The official officer writes down the wills and gives the will statements to the parties to read. The parties read the contract in front of a witness and declare that they find it in accordance with their will and sign it. Witnesses also comment and sign the contract.
With the conclusion of the contract of renunciation of inheritance, the renouncer cannot acquire the title of inheritor. Thus, the rights arising from the inheritance law are lost. The renouncer will not be able to obtain any rights as an heir, nor will he be under obligations. Therefore, there will be no liability for tereke debts. Supreme Court 2. HD 1976/3899 E. As stated in the decision of 1976/4138 K and dated 13.05.1976, the certificate of inheritance is not always requested for reasons such as claiming a inheritance or participating in the sharing of the inheritance. A certificate of inheritance can also be obtained for reasons such as receiving a widow, orphan monthly and bonus. The lower lineage of the renouncer cannot acquire the title of heir unless otherwise agreed in the contract of renunciation of the Ivazli inheritance. If the waiver is without intention, it does not affect the bottom. The contract of renunciation of inheritance can be concluded in favor of a specific person or persons. In such a case, if this person cannot somehow become an heir, the waiver remains invalid. If the contract of renunciation of inheritance has not been concluded in favor of a certain person, it is considered to have been concluded in favor of the child of the closest common root, and if they cannot become heirs for any reason, the renunciation is again deducted from the provision.
As a rule, with the contract of renunciation of inheritance, the renouncer’s responsibility for the debts of the estate ends. However, if the estate cannot meet the debts at the time of opening the inheritance and the debts are not paid by the heirs, the renouncer and the heirs are responsible for the provision they received from the inheritor in the five years preceding the death for the renunciation against the creditors, in the amount of their enrichment at the time of opening the inheritance. This liability is a secondary and limited liability and arises under certain circumstances, as indicated in the definition. Accordingly, first of all, the active of the terekenin should not be able to meet its passive. The Tereke creditor applied to the heirs, but he should not have been able to collect his receivables. After that, in order for the waiver to be applied to the waiver, the waiver must have taken place within five years before the death of the inheritor.
If the bequestee has performed acts exceeding the saveable part of the estate to the heir who has renounced the inheritance, the other heirs may request the criticism of this. In this case, only the amount exceeding the reserved share of the person who renounces the inheritance is subject to criticism. However, for this purpose, as stated, the act given to the renouncer must encroach on the reserved shares of the reserved heirs. The heirs of the reserved share can only demand the return of the amount exceeding the reserved share from the renouncer. Against these demands of the heirs with hidden shares, the waiver, if he wishes, gives the value subject to criticism, or he can return all that he has received to the estate and ask to participate in the sharing as if he had not renounced the inheritance.
In the event that the persons waived in favor of cannot be heirs, there is no other heir in the same group as the renouncer, and the disruptive condition in the conditional inheritance renunciation agreement is fulfilled, the inheritance renunciation agreement ends spontaneously.
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