Foundations that were established prior to the enactment of
the repealed Turkish Civil Law Nr. 743 are subject to various distinctions in
terms of beneficiaries. One of the subsection of these foundations was “zürrî”
(descendant) foundations which are established with the aim that the descendant
of the endower can benefit from foundation’s revenue. At present, the
descendants of the endower preserve their right on foundation’s revenue in
fused and annexed foundations, which have the characteristics of a “zürrî”
foundation and which were founded before the enactment of the repealed Turkish
Civil Law Nr. 743. The rules and procedures for using this right are regulated
by the Regulation of Foundations issued in accordance with the Law of
Foundations Nr. 5737 Article 75. Principally, beneficiaries of the foundation
would be indicated in the foundation certificate-charter. However, according to the Regulation of
Foundations article 53, descendant of the endower should have recourse to the foundation with a court order which indicates that
she/he is entitled to the income. The lawsuit, which is commenced by the
descendant who fulfills the conditions that are indicated in the foundation
certificate-charter, is called “lawsuits to determine the descendants entitled
to the income”. The court could determine that the claimant is entitled to the
income of the foundation if the claimant is descendant of the endower and
she/he fulfills the conditions that are indicated in the foundation
certificate-charter. If these two conditions are not met cumulatively,
entitlement to the income is not a matter of discussion.
Foundation zürrî (descendant) foundation revenue entitlement revenue entitled descendant
Vakıf zürrî (evlada) vakıf galleye müstehiklik galleye müstehak evlat
Birincil Dil | Türkçe |
---|---|
Konular | Hukuk |
Bölüm | Makaleler |
Yazarlar | |
Yayımlanma Tarihi | 31 Aralık 2019 |
Gönderilme Tarihi | 13 Mayıs 2019 |
Kabul Tarihi | 9 Eylül 2019 |
Yayımlandığı Sayı | Yıl 2019 Cilt: 10 Sayı: 2 |
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