ACTION APPLICATION RELATING TO DETERMINATION THAT THE TEREKE IS STRONG IN DEBT

……………….. TO THE JUDICIARY OF THE COURT OF FIRST INSTANCE

Plaintiffs:

one)………………………………………………
2nd)………………………………………………
3)………………………………………………………….
ATTORNEY: Atty. …………………………
DEFENDANT: ……………………………………………….. (creditor of enforcement file)
ATTORNEY: Av………………………
SUBJECT : It is related to the Detection of Debt Debt Demand.

DESCRIPTIONS :

1. The testator of our clients, ………………..TC ID number ……………. …/…/20…. After the death of Muris, my clients remained as heirs. Since it was known that ……………… did not have any assets in his estate at the time of his death, our clients did not reject the inheritance of the testator’s estate. After the expiry of the period of rejection of the inheritance, it was understood that the inheritance of the testator ……………….
2. At the date of death of …………………, there is no real estate or movable property registered on it that may have material value. Our clients’ legacy, …….. ………., has left many debts to our clients as of the date of death, as well as not leaving any property of any material value.
3. Defendant ………………. by the successors of my clients ………………. against ………. . Enforcement proceedings have been initiated from the enforcement proceedings file numbered …….. E. of the Enforcement Directorate, and due to the death of ……………, a memorandum of payment has been served to my clients as they are in the position of legal heirs. they have faced.
4. In its decision dated 14/03/2001, the General Assembly of the Civil Chamber of the Supreme Court of Appeals, in its decision numbered 2001/2-220 and 2001/240, stated in summary, “Our Civil Code stipulates that the “genuine refusal of the inheritance” is registered for a period of time, and that the heirs can unilaterally declare their will or file a lawsuit. However, in the case, no statement of will or litigation was foreseen for the aforementioned “judicial refusal” to have consequences. Moreover, an exception has been made to the rule that the refusal is considered to occur spontaneously and that the inheritance will automatically be transferred to the heirs upon opening. In fact, the person, who is deemed to have rejected the inheritance by default, may demand the determination of this situation by making enmity against the creditors of the estate, or he may claim this through his defense.” provision was established.
5. Likewise; In summary, in the decision of the General Assembly of the Supreme Court of Appeals dated 16.04.2008, numbered 2008/4-332 and Decision 2008/336; “The case is about a claim for recourse compensation. The dispute is gathered on whether the provisions regarding the rejection of the inheritance will be applied or not. If the insolvency of the inheritor is clearly evident or officially determined, the inheritance is deemed to be rejected. There is no need for any declaration of will or filing of a lawsuit for the refusal to have consequences. The person whose inheritance is deemed to have been rejected by default may demand the determination of this situation by making enmity against the creditors of the estate, or he may claim this through defense. It is understood from the scope of the file that the inheritor does not have any movable and immovable property and does not have any income. In this case, it must be accepted that the insolvency of the legator is clearly evident. The decision to reject the case on the grounds that the inheritance was forfeited for the reasons explained above is in accordance with the procedure and the law. A provision has been made. The decision of the 10th Civil Chamber of the Court of Cassation with the number 2002/3022 and the decision numbered 2002/3315, the decision of the 4th Civil Chamber of the Court of Cassation with the decision numbered 2002/1607 and the 2002/5992 decision, the 4th Civil Chamber of the Court of Cassation with the decision number 2004/6782 and the decision number 2005/155. a similar provision was made.
   In the light of the decisions of the Supreme Court of Appeals General Assembly and the Civil Chambers, it is clear that a lawsuit can be filed against the creditors of the estate in order to determine that the estate is in debt, that this lawsuit is not subject to any deadline, and that the court of first instance is in charge in this case.

For the stated reasons, we have been obliged to open the case at hand in order to determine that the inheritance of my clients’ decedent …………. is in debt.

LEGAL REASONS: TMK. And all other legal provisions,
LEGAL EVIDENCE: ……………( ).. Follow-up file of the Enforcement Directorate No. 20…./……… E., inheritance certificate, land registry records, traffic records, witness statements, expert examination and all other legal evidence.
REQUEST AND CONCLUSION: We respectfully submit and request that, for the reasons we have presented and explained above, it is determined that the inheritance is in debt, and that our clients’ heirs be removed, and that the litigation expenses and attorney’s fee be charged to the other party. …/…/20

Plaintiffs’ attorney
Hunting. ………….