NEWSLETTER-2020-metin

425 MISCELLANEOUS any legal basis. The issue to be discussed, separately, in this decision is the conclusion made by the Assembly of Civil Chambers of the Court of Cassation regarding the intention to deprive the heirs of their inheritance. The Assembly, after acknowledging that the transaction appeared as a sale, but is in fact a donation transaction, presents the following statements: The legator assigns the property to his wife, in order to “ protect and secure his life long partner (possibly from the demands of other heirs),” which means that he has actually acted with the intention to bereave his heirs of their inheritance, knowing that the property belongs to their inheritance portions. It is a very controversial conclusion by the Assembly that there is “ no intention to disinherit ” while acknowledging the legator’s purpose. Conclusion In our opinion, evidently, there will be much debate on the deci- sion of the Assembly of Civil Chambers of the Court of Cassation dated 19.2.2019 and numbered 1-479/1178. As a matter of fact, the aforementioned decision was discussed in the Assembly, as it was made with the majority of votes, 11 votes versus 10 votes.