Ölüme Bağlı Tasarrufların İptali

The basic sanction of invalidity for testamentary dispositions is regulated in Article 557 and the following three provisions of the Turkish Civil Code. Article 557 of the Turkish Civil Code sets out the grounds for invalidity of testamentary dispositions in four points. Within this framework, the grounds for invalidity are: the incapacity of the testator, the testator's will being defective, unlawfulness or immorality, and non-compliance with formal requirements. The fact that the assessment of the invalidity of testamentary dispositions is to be made after the testator's death also eliminates the possibility for the testator to remedy the causes leading to invalidity. Indeed, in a situation where a legal transaction between living persons is invalid due to incapacity or non-compliance with formal requirements, it is possible to properly repeat the transaction, whereas this possibility does not exist in the event that the testator is already deceased. Therefore, the existence of one of the situations regulated in Article 557 of the Turkish Civil Code does not automatically cause the relevant testamentary dispositions to be invalid. This situation only leads to invalidity upon the request of the persons whose interests are affected and by a court decision. The grounds for invalidity specified in the article, which are of great importance, must be assessed separately, taking into account the specific characteristics of inheritance law. Furthermore, there are uncertainties regarding both the substantive effects of the invalidity decision and its inter partes effect. In particular, although it is generally accepted that an invalidity action produces effects only between the parties to the proceedings, the implications of this effect must be assessed separately for each type of disposition upon death. Therefore, the scope of the grounds for invalidity, how they can be proven, and the effect of the invalidity decision on types of testamentary dispositions will be examined separately and in detail in our study.