TMK m. In accordance with 25, the request for non-pecuniary damages cannot be transferred unless it has been accepted by the other party; It does not pass to the heirs unless it is put forward by the inheritor. According to the article, in order for the claim for moral compensation to pass to the heirs, it must first be put forward by the inheritor. If the inheritor died after filing a lawsuit for non-pecuniary damage, the heirs can continue this case.
The liquidation between the inheritor and the surviving spouse will be made before the inheritance division. Accordingly, first of all, the surviving spouse will receive its share in accordance with the property regime rules, and will receive its share on the remaining property within the scope of inheritance law.
Deprivation: It is a spontaneous loss of inheritance right as required by law due to the inheritor's deliberate acts against certain law. Refusal: It is the loss of the inheritance right with the unilateral action of the heir. Waiver of inheritance: The contract established by the inheritor and the legal heir may end. Exclusion from inheritance: The inheritance can be ended with the unilateral disposal of the inheritor upon the heir with the hidden share in certain behaviors.
TMK m. According to 510, the heir with a hidden share can be removed from the inheritance in two cases. 1. If the inheritor commits a serious crime against the inheritance or one of the relatives of the inheritance.
The share of the person removed from the inheritance is left to the descendants of the inheritance, if any, or to the heirs of the inheritor, as if that person died before the inheritor. The right of disposition of the inheritor is reserved.
Inheritance passes completely with its assets and liabilities, that is, its assets and debts. Therefore, heirs have rights as well as are responsible for debts. Due to the principle of personal responsibility, the heirs are not only with the estate properties of the inheritor's debts; They are also responsible for their own personal assets. However, if the heir refuses the inheritance, he will not be liable for debts.
The denial of inheritance, in other words, the denial of inheritance; are the declarations of will of the legal or appointed heir to not accept the inheritance passed to them. The denial of inheritance is 3 months.
According to the TMK, the refusal of inheritance is made by the inheritors by verbal or written declaration to the court of peace. The refusal must be unconditional and unconditional. The magistrate determines the verbal or written declaration of refusal with a report. The declaration of refusal made in due time is written in the special register of the magistrate of the place where the inheritance was opened and a document showing the rejection is given to him if the heir who refuses wishes.
Since the payment made by the SGK is made directly to the heirs, it is not included in the inheritance. Therefore, the heir who refuses the inheritance can receive payments from the SGK.
In this case, the right to refuse the inheritance will pass to the heirs of the heir. The second heir must refuse the inheritance within the term of the first heir. The second heir can only deny the first inheritance or deny both.
The spouse is not among the heirs under inheritance law. For this reason, in order for the unmarried spouse to be an heir, it must be either a will or a death-related disposition. Since the right of inheritance of the common-law spouse is possible with a contract, the unmarried spouse does not have any hidden inheritance shares. Children's inheritance does not depend on marriage. Children born inside and outside of marriage become inheritors at the same rate.
If the spouse has died while the divorce proceedings are continuing, if the heirs continue the case and prove the fault of the surviving spouse, the spouse will lose the right to inheritance. Since the marriage ends with death, the decision will be made whether the spouse is at fault, not the divorce.
Since the will to make a will is one of the rights that are closely tied to the person, one should do it personally. Therefore, testament law cannot be made through a representative or an attorney.
According to our law, the inheritors with reserved shares are the descendants of the inheritors (the whole of the first class) that is, children, grandchildren and grandchildren. In the second group, the parents of the deceased have reserved shares. On the other hand, siblings and sibling children do not have any hidden shares. There is no shared heir in the third class. Apart from these, our law also grants reserved shares to the surviving spouse.