CIRCUMSTANCES THAT ARE NOT ACCEPTABLE AND JURISDICTIONS DECISIONS

-If the property subject to collusion is sold by another third party, not by the inheritor, that is, if the sale is made between the third person and the person with whom the legator has colluded, it is not considered to be a muris collusion even if the money of the immovable is paid by the legator.

-The claim of collusion is not accepted if the person donated money buys real estate with this money.

-In the case of the decedent’s debt deed, the case for collusion of the deceased cannot be filed, but only if the conditions are met.

– The value of the goods subject to sale does not necessarily have to be money, in other words, this provision can also be given as goods or services. The transfer in the title deed does not aim to smuggle property from the heirs, since the defendant, whose immovable is transferred, meets the care and needs of the inheritor. For this reason, even if the title deed cancellation and registration lawsuit is filed, it is rejected.

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