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The right of creditors to raise an action for reduction is regulated in Turkish Civil Code. To raise an action, creditor should have the insolvency evidence or heir should be bankrupted. While the insolvency evidence should exist at the time of inheritance, bankruptcy can take place later. There is no restriction in the Code in terms of type of insolvency evidence or reasons for bankruptcy. On the other hand, creditor shouldn’t be granted to raise an action in temporary insolvency evidence and in cases of bankruptcy where there is no real insolvency. If heir doesn’t raise an action or doesn’t properly execute the action he raised, creditors can raise an action. Creditors can participate in the action with heir, who doesn’t properly conduct the action for reduction. The same applies to heir, who doesn’t claim the exceptio of reduction, in the action raised by third party.
The right of creditors to raise an action for reduction is regulated in the Turkish Civil Code. To raise an action, the creditor should have the insolvency evidence or heir should be bankrupt. While the insolvency evidence should exist at the time of inheritance, bankruptcy can take place later. There is no restriction in the Code in terms of type of insolvency evidence or reasons for bankruptcy. On the other hand, the creditor should not be granted to raise an action in temporary insolvency evidence and in cases of bankruptcy where there is no real insolvency. If heir doesn't raise an action or doesn't properly execute the action he raised, creditors can raise an action. Creditors can participate in the action with heir, who does not properly conduct the action for reduction. The same applies to heir, who does not claim the exception of reduction, in the action raised by a third party.
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Dergi Türü : Ulusal
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