مرکز منطقه ای اطلاع رساني علوم و فناوري

Abstract :

In inheritance law, the reduction is established as a sanction for the legal transactions by which legator exceeds disposition limits of his inheritance and violates reserved inheritance portions. Reduction’s legal consequence is provided either via an action for reduction or by an allegation of reduction exceptio. Separately, the legal framework regarding legator’s freedom of disposition within the context of inheritance law is held differently compared to the law of obligations. Types of legal transactions avaliable are limited due to the numerus clausus principle and such transactions are subject to some strict validity rules. Breach of the system is sanctioned, in principle, by the actions for avoidance. Besides, the obligors in relation with such avoidable testamentary transactions are given exceptio rights. This work discusses reduction exceptio and avoidance exceptio within the context of inheritance law. Exceptio rights, which may be classified as defense, are also called regulating rights or counter rights under Turkish law. In that context, who may allegate reduction and nullity exceptio are put forward. In addition, in the light of some particular cases, the conditions under which those exception rights may be used and the consequences of such a situation are analyzed. Consequently, it is observed that both reduction exceptio and nullity exceptio may prove themselves to be ineffective or at least may not accomplish their goals in some cases.