Gai̇pli̇ği̇n mi̇ras hukuku bakimindan hüküm ve sonuçlari = Terms and consequences of declaration of absence regarding inheritance law

Sahin Sengul, E ORCID: 0000-0002-4741-2171 (2019) 'Gai̇pli̇ği̇n mi̇ras hukuku bakimindan hüküm ve sonuçlari = Terms and consequences of declaration of absence regarding inheritance law.' Türkiye Barolar Birliği Dergisi = Union of Turkish Bar Associations Review, 32 (144). pp. 249-275.

Abstract

Declaration of absence means that although there is nothing suggesting the person is certainly dead, due to strong suspicions, the law concludes that she or he is dead. According to the Turkish Civil Code, if a person has disappeared in life-threatening circumstances or has been missing for a lengthy period of time without any sign of life, the court may declare that person dead. Personality rights end when the court declares the disappeared person dead. This article aims to examine the effect of the declaration of absence on personality rights and its implications on Turkish inheritance law. This article firstly explains the circumstances under which the court can declare a disappeared person dead and then discusses the consequences of the court’s decision in inheritance law. In terms of inheritance law, it analyses the succession rights of disappeared persons, the disappeared heir’s share, the conditions where the declaration of absence is pronounced ex officio at the request of the competent authority and annulment of declaration of absence and restitution of the property to those with a prevailing claim or to the disappeared person himself.

Item Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Bath Business School
Date Deposited:	23 Oct 2026 11:56
Last Modified:	23 Oct 2026 11:58
ISSN:	1304-2408
URN:	https://researchspace.bathspa.ac.uk/id/eprint/16678

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