Borçlarin Ni̇sbi̇li̇ği̇ İlkesi̇ Ve Türk Mi̇ras Hukuku Anlaminda Mi̇rasbirakanin Borçlarindan Dolayi Mi̇rasçilarin Sorumluluğu

Abstract

One of the basic principles of Turkish Law of Obligations is the principle of proportionality of receivables and debts that occur after the debt relationship. Accordingly, as a rule, the debt and receivable arising after the establishment of the credit-debt relationship only concern the parties of the legal transaction. It is not possible for a third party who is not a party to the transaction to be liable for the debt with a legal transaction. The 5th article of the Turkish Civil Code has stipulated that "the general provisions of this Law and the Code of Obligations apply to all special debt relations as appropriate".Inheritance law is included in the Turkish Civil Code as a sub-branch of private law and civil law. Within the framework of the classical understanding, the inheritance after the inheritance, which was opened with the death of the inheritance, in accordance with the "Principle of Social Succession", passes to the heirs as a whole. The inheritors have the active passive of the inheritance as well as the passive with the death. In the Turkish Civil Code, special cases other than assets are also regulated and the principle of "estate debt" has been introduced. Accordingly, the heirs are responsible for all debts of the inheritance "jointly and personally" within the framework of the provisions of the law, without prejudice to the cases listed in the Turkish Civil Code art. 641/I and art. 681/I. When these regulations are considered as a whole, it is unfair to hold the heirs personally and severally responsible for the debts of the inheritance. With this study, it is suggested that the responsibility of the heirs should be limited to the assets in the estate left to them, as it is the responsibility of the state. The basics of this idea have been explained.