NEWSLETTER-2020-metin

A Bizarre Decision of the Assembly of Civil Chambers of the Court of Cassation Regarding Simulated Transaction of Legator* Prof. Dr. H. Murat Develioğlu Introduction In Turkish Law, simulated transaction means that the transac- tion is void; in other words, it does not bear any legal consequences. Thus, the existence, determination, and proof of the simulation in both inter vivos and testamentary dispositions have caused a lot of ink to be poured, and the Court of Cassation to make countless decisions regarding simulation. The Assembly of Civil Chambers of the Court of Cassation also reached a conclusion that in our opinion, will be thoroughly discussed in its recent decision explained. below. In this newsletter, after briefly mentioning the concepts of simulation and simulated transaction of legator, the decision of the Assembly of Civil Chambers of the Court of Cassation dated 19.02.2019 and numbered 1-479/1178 will be analyzed. The Concept of Simulation and Its Legal Consequences “Simulation ” is the agreement of the parties of a contract (i) to ensure that the contract they have concluded does not produce any provision or (ii) to give rise to the terms of another contract than the apparent contract. 1 The parties create an allusion against the third parties with the contract formed by the statements that do not reflect their real intent. However, the parties actually would like the contract (i) not to bear any legal consequences (and it is called “simple simulation” ) or (ii) to produce the provisions of another agreement (concealed transaction) * Article of April, 2020 1 Oğuzman; Kemal / Öz, Turgut , Istanbul 2016, V. 1, p. 127 vd.