Özet:

Action for recovery of property by reason of Inheritance, regulated in articles of German Civil Code BGB, 2018-2032; Swiss Civil Code ZGB, 598-600; Turkish Civil Code TMK,637-639, is an inheritance law case originating from Roman Law (Hereditatis Petito). The legal or appointed inheritor claims from posesor pro herede, the restitution of the estate(heritage) or some estate values through this lawsuit. Action for recovery of property by reason of Inheritance is regulated in ZGB and TMK, with three articles in a very short summary nature. Unfortunately, in Swiss-Turkish Law, the insufficiency of legal regulations seems to prevent this special legal opportunity granted to the inheritor from understanding and getting the necessary attention in practice. In order to better understanding the function of this ancient right to litigation, first of all, the meaning and processes in Roman Law and the codifikation prozess into the Modern Law were examined in the study. Objective: The aim of the study is to determine the reason for existence and function of the case from the perspective of legal history, by examining the ongoing development of the Lawsuit for Inheritance, which is a controversial subject in many aspects in Swiss and Turkish Laws, and by examining the period of its transfer to modern laws. Method: Within the scope of the study, legal regulations and German, Swiss and Turkish Legal Literatures were searched. Findings: Action for Recovery of property by Reason of Inheritance is a special case of inheritance law, which emerged in Roman Law as an ancient case and was transferred to modern laws through Common Law. It is seen that in most of the modern Civil Codes originating from Roman Law, there are provisions regarding the case. However, the case of Swiss and Turkish Civil Codes is regulated by three articles each. However, the case of Swiss and Turkish Civil Codes is regulated by three articles each. On the other hand, fourteen articles were referred to in the German Civil Code regarding the case of remuneration due to inheritance. Again, unlike the ZGB and TMK, the adoption process of the relevant provisions to the BGB is guiding in terms of determining the principles of the case as well as the way the case is organized. Within the scope of the study, the relevant provisions of the German Civil Code and the discussions made in the first and second commissions that prepared the BGB were examined in order to understand the need for a remuneration lawsuit due to inheritance and the principles of the case. Originality: In the study, in order to determine the need for a remuneration lawsuit due to inheritance, the changes that the case went through in the historical process and finally the reasons that prompted the makers of the Modern Civil Code to organize the case were investigated.