Türkiye Adalet Akademisi Dergisi

Yazarlar: Derya ATEŞ

Konular:Hukuk

Anahtar Kelimeler:Testamentary executor,Inheritance law,Civil liability,Testament,Testament creditor.

Özet: It is the primary function of the testamentary executor to fulfill the will and wishes of the legator and prevent any discrepancies which may arise, thus fulfilling the will and wishes of the legator as, at some point, their defender. Through this process, how the executor is supervised and controlled, is proportionately important to the determination of under which circumstances and within which scope they are assumed liable and of their scope of liability. The testamentary executor assignment disposition is regulated in the source articles 517 and 518 of the Swiss Civil Code and between articles 550-556 of Turkish Civil Code. The legal responsibility of the testamentary executor which was not regulated under the Swiss Civil Code and the previous Turkish Civil Code, is explicitly given under article 566 of the Turkish Civil Code. In this study, the scope of responsibility according to the Turkish Law and Swiss Law, their conditions and legal results are explained, by also analyzing the Swiss Federal Court’s up-to-date judgments, 144 III 217 and 142 III 9.

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