ARTICLE · 08 MARCH 2023

Miras Payının Devri Nedir?

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Miras, bir kişinin vefat ettikten sonra arkasında bıraktığı malvarlığına (terekeye) denir.

TurkeyFamily and Matrimonial

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Miras, bir kisinin vefat ettikten sonra arkasinda biraktigi malvarligina (terekeye) denir. Miras birakanin öldükten sonra biraktigi mal varligina yani terekeye bütün mirasçilar elbirligi ile ortaktir. Yani, mirasçilardan birinin tereke içindeki bir mali tek baslarina devretmesi mümkün degildir.

Çünkü, elbirligi ile ortaklik devam ettikçe mirasçilarin tek baslarina tasarruf edebilecegi somut bir pay yoktur. Bu tarz bir devir ancak miras birakanin onayi ile mümkün olmaktadir. Medeni Kanun'un 677. maddesi bu pay devrini mümkün kilmistir. Bu tarz bir pay devri sanki daha miras birakan ölmeden malvarliginin paylastirilmasi gibi ahlaka aykiri bir görünüm yaratsa da miras birakan öldükten sonra ortaya çikabilecek anlasmazliklar daha baslamadan hizli ve kolay bir sekilde bitirebilir.

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