Mirasçıların müteselsil sorumluluğu

Abstract

SUMMARY The subject of our high license thesis is `The Joint and Several Liability of The Inheritors`. The succession of a deceased person as a whole with its content of the rights available to transfer and debts, pass onto the inheritors ipso facto. The debts too and not only the rights pass to the inheritors with death. Our Civil Code has provided that the inheritors will not only be liable with the succession properties of the deceased because of the debts but at the same time with their personal properties too and that this liability will be a joint and several liability. Our study constitutes from three division. Priorly, it has been emphasized on the events when the debtor is one or more than one and the joint and several liability concepts, the description, the features, legal property p.rx' its place c:nonr, the sources have been determined. In the second division, priorly th:î debts transferring and not transferring to the inheritors and certain situations having specialities due to the liabilities of the inheritors on this subject after being indicated, the conditions of the joint and several liability, have been seperately examined in view of both the inheritors and the ones loosing the property of an inheritor, in necessary places in regard to the law of inheritance by giving place to general exp'anations under the heading `Joint and Several Liability of The Inheritors. Further, on the sebject of the joint and several liability of the inheritors, the legal situation of the creditors before and after the partition andthe legal position of the inheritors have been examined, the protection of the inheritors against the joint and several liability and some events of responsibilities having speciality in regard to our subject have been also explained. And the third and the last division has been reserved for the termination of the joint and several liability of the inheritors. Here, the events which terminate the liability and the results of the termination have been examined, the liability against the creditors of the decedent and the rights of recourse of the inheritors, their arising, exercise, content, loosing and the event of insolvency of any one among them have been taken in hand one by one seperately. YSksetegretfea Kwrifa F..~.uiî.;. s`on Merkezî