THE CONTRACT OF CARE UNTIL DEATH AND ITS LEGAL NATURE

19 Mar THE CONTRACT OF CARE UNTIL DEATH AND ITS LEGAL NATURE

The contract of care until death is 611 of the Turkish Code of Obligations. it is regulated in the article. That is to say;

“The contract of care until death is a contract in which the maintenance debtor undertakes to look after the maintenance creditor until death, and the maintenance creditor also owes the transfer of an asset or some asset values to him.”

This contract is a type of contract that allows people who are elderly, need care, lonely, need someone’s care and supervision to live comfortably with their assets and savings related to death. The contract of care until death is not valid unless it is made in the form of an inheritance contract. In the contract, it is mandatory to do it in an official way as a condition of the figure. This agreement must be drawn up in the presence of a notary or in front of a Magistrate. Therefore, contracts concluded between the parties in a decently written manner will not have consequences.

Do not look until you die The contract is a contract that imposes bilateral debts on the parties to the contract. With this agreement, the maintenance creditor agrees to transfer the ownership of the goods subject to the contract to the maintenance debtor; the maintenance debtor also owes the maintenance creditor the Law of Obligations art. he is obliged to look after and look after him until he dies, as specified in 611.

Here, it has also been made possible for the maintenance creditor to transfer the value of his assets to another person with such a contract in order to be comfortable in the future while he is healthy. The fact that the maintenance creditor died shortly after the contract also does not affect the validity of the contract.

3. The parties to the contract in order to deceive people, a state of muvazaa is encountered if they arrange a contract of decaying care between themselves by secret agreement that will not comply with their true will. In this case, the parties are trying to smuggle goods by arranging a contract of care between themselves until they die, although their original will is to donate against a person who they usually want to decriminalize or receive a smaller share.

At this point, according to the Decision of the Grand General Assembly of the Supreme Court of Jurisprudence on Combining Beliefs dated 01.04.1974 and numbered ½, according to the Decision on Combining Beliefs, the testator (maintenance creditor) has set certain criteria to determine whether the transfer he has made is successful or not in exchange for being looked after and looked after until he dies. These:

Age, physical and general health status, family conditions and relationships of the murisin (the bequeiver, the maintenance creditor) at the date of the contract,

It is counted as the ratio of the asset subject to the contract to the total asset.

On the other hand, a dispute over the contract of care until death may arise from an alleged breach of contract arising from the parties’ failure to fulfill their debt. If the maintenance debtor does not fulfill the maintenance debt required by the contract against the maintenance creditor, the maintenance creditor may also request the cancellation and registration of the title deed with the termination of the contract. (Supreme Court 1. Legal Department 2007/10133 E., 2007/11890 K., 06.12.2007)

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