ALMAN HUKUKUNA GÖRE MİRASBIRAKANIN SAKLI PAYLI MİRASÇILARINI SAKLI PAYDAN ÇIKARMAK İÇİN SAHİP OLDUĞU HUKUKİ BİR ÇARE SAKLI PAYDAN UZAKLAŞTIRMA

Abstract

A person has the right to dispose of his property as he wishes. In some cases, laws impose limitations on this freedom. One of these is the concept of hidden share, which limits the freedom of savings. Who the heirs with hidden shares are and the ratios of the hidden shares are clearly regulated in the German Civil Code. However, the Law has stipulated such special and limited reasons that in the presence of these reasons, the legator may have the right to remove the heirs with reserved shares from these shares. Thus, the rate at which the legator will save also increases. The most important opportunity that the legator can use against his heirs with a hidden share is removal from the reserved share. The reasons for expulsion from the reserved share are stipulated in a single article in the German Civil Code. The provision clearly states who will be removed from the reserved share and for what reasons. In this study, the reasons for removal from the hidden share and the form conditions sought in terms of asserting these reasons will be discussed in detail.