28 Jul TESTATOR SIMULATION
Testator Simulation, also known as smuggling goods from inheritance, is the transfer of unrequited earnings that Muris makes in order to deprive his heir of inheritance by pretending that he has a sales contract or a contract to care for him until he dies. By law, some people are designated as legal heirs, and inheritance is apportioned to them in a number of proportions. But in order not to realize this situation regulated by the law, people try to prevent some of their heirs from taking advantage of the right to inherit by pretending that they sold their assets to one of their heirs before they died.
In order to be able to talk about the existence of a Testator Simulation, a number of conditions must be present. First of all, it is necessary to process the appearance. Intent of the apparent transaction is a transaction that does not coincide with the real will of the murisin, only in order to deprive the heirs of their rights. For example, the transaction that Murisin apparently made to his son under the name of a sales contract is a sales contract, but the real will of the murisin is forgiveness. In such cases, it is usually shown that there is a price when transferring assets, and this asset is prevented from being subject to criticism. The reason is 565 of the Turkish Civil Code.it is a provision in the article that a number of gratuitous winnings contained in it will be considered invalid and will be considered subject to criticism.
Secondly, there must be a mutual agreement in the middle, from which their intentional true will is not like the transaction in appearance, just because 3. They perform an apparent operation to deceive people. The Testator Simulation agreement does not need to be written.
Thirdly, as mentioned at the very beginning, the purpose of the muris is to smuggle property from the heirs. However, at this point, it should be noted that if the murisin does not have any heirs at the time of the transaction, or if he does not know about his heirs, there can be no mention of deception or failure at this point.
Finally, there must also be a secret transaction in the middle. As mentioned in the ostensible transaction section, the actual will of the parties must be a confidential transaction. In everyday life, a secret transaction is forgiveness in general. The parties perform their muris agreement by showing a supposed price during the transfer, paying no price at all or paying a price well below the real price. According to the Turkish Code of Obligations, the transaction will be considered invalid due to the fact that it does not coincide with the actual will of the parties, but as a rule, it is valid if the secret transaction meets the form requirements in the law.
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