DETERMINATION OF THE POTENTIAL BENEFICIARY FROM THE RENUNCIATION OF INHERITANCE OF LEGAL HEIRS AND THE CASES WHERE RENUNCIATION OF INHERITANCE DEEMED TO BE VOID

The consequences of inheritance renunciation contract arise upon the death of the testator, and the renouncing party is not deemed to be an heir on succession. In cases where the legal heirs renounce the inheritance, it is important to determine the potential beneficiary from such renunciation and the cases where the renunciation is deemed to be void. In respect of Turkish civil law, these matters need to be determined in accordance with the provisions of Article 529 of the Turkish Civil Code (TCC). In the Swiss Civil Code (SCC) which is the reference of The Turkish Civil Code, the article 496 of the SCC is the correspondence of the article 529 of the TCC. Although these two articles contain two paragraphs and the first paragraphs of each are similar, the second paragraphs of these articles provide different provisions. As a result of this dissimilarity, the provisions have different legal nature. Therefore, such difference also causes different interpretation and application of the second paragraphs of the article 529 of TCC and the article 496 of SCC in the Turkish and Swiss legal system. The aim of this article is, firstly, to determine the potential beneficiary from the renunciation of heir and the cases where the renunciation of inheritance is deemed to be void. In this context, the results of the dissimilarity of the article 529 of the TCC and the article 496 of the SCC the different legal nature, the application and the interpretation of these provisions will be examined. Furthermore, in this article, the determination of the potential beneficiary from the inheritance of the legal heirs and the cases where the renunciation of inheritance is deemed to be void will be analysed taking into account different possibilities