07 Nov Contract For Lifelong Support
Agreement on caring until death 611 of the Turkish Code of Obligations. under Edit in the article has been taken. That is to say;
“A care contract until death is a contract in which the care debtor undertakes to look and look after the care creditor until death, and the care creditor undertakes to transfer an asset or some value of his or her assets to him.”
This contract is a type of contract that allows people who are elderly, in need of care, alone, in need of someone’s care and supervision to live comfortably by making savings related to death with their assets. A contract to care until death is not valid unless it is made in the form of an inheritance contract. As a condition of the form in the contract, it is mandatory to do so officially. This agreement must be issued before a notary or before a magistrate. Therefore, contracts concluded between the parties in ordinary written form will not result.
A contract of care until you die is a contract that burdens the parties to the contract with bilateral debt (ivazli). In this agreement, the maintenance creditor shall transfer ownership of the property subject to the contract to the maintenance debtor; the maintenance debtor shall also transfer the maintenance creditor to the law of Obligations md. He falls under the obligation of caring and caring until he dies, as specified in 611.
Here, it is also possible for the maintenance creditor to transfer the value of his assets to another person under 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 of the parties to the contract. in order to deceive people, a state of muvazaa is encountered if there is a secret agreement between them that does not comply with their true Will and a contract to care for them until they die. In this case, the parties usually try to steal property by arranging a contract between themselves to look after it until it dies, although their original Will is forgiveness against a person they want to disinherit or receive a smaller share.
At this point, the Grand General Assembly of the Supreme Court of Case Law, in its decision dated 01.04.1974 and numbered½, counted certain criteria to determine whether the transfer made by the inheritor (the care creditor) in exchange for being looked after and cared for until his death was muvazaali. These:
Age, physical and general health status, family conditions and relations of murisin (inheritor, care creditor) at the date of the contract,
It is counted as the ratio of the assets subject to the contract to the total assets.
On the other hand, a dispute over a contract to care until death may arise from a claim of contravention of the contract arising from the failure of the parties to fulfill their debt. If the maintenance debtor does not fulfill the maintenance debt under 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. Law Department 2007/10133 E., 2007/11890 K., 06.12.2007)
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