Öz
The consequences of inheritance renunciation contract arise
upon the death of the testator, and the renouncing party is not deemed to be an
heir on succession. In cases where the legal heirs renounce the inheritance, it
is important to determine the potential beneficiary from such renunciation and
the cases where the renunciation is deemed to be void. In respect of Turkish
civil law, these matters need to be determined in accordance with the
provisions of Article 529 of the Turkish Civil Code (TCC). In the Swiss Civil
Code (SCC) which is the reference of The Turkish Civil Code, the article 496 of
the SCC is the correspondence of the article 529 of the TCC. Although these two
articles contain two paragraphs and the first paragraphs of each are similar,
the second paragraphs of these articles provide different provisions. As a
result of this dissimilarity, the provisions have different legal nature.
Therefore, such difference also causes different interpretation and application
of the second paragraphs of the article 529 of TCC and the article 496 of SCC
in the Turkish and Swiss legal system. The aim of this article is, firstly, to
determine the potential beneficiary from the renunciation of heir and the cases
where the renunciation of inheritance is deemed to be void. In this context,
the results of the dissimilarity of the article 529 of the TCC and the article
496 of the SCC the different legal nature, the application and the
interpretation of these provisions will be examined. Furthermore, in this
article, the determination of the potential beneficiary from the inheritance of
the legal heirs and the cases where the renunciation of inheritance is deemed
to be void will be analysed taking into account different possibilities.