Browsing by Author "Altan, Neslihan"

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Annulment of Gifts
(2022) Altan, Neslihan; Havutçu, Ayşe
Donation agreements are one of the types of agreements that are clearly regulated in the law in the part of the Turkish Code of obligations regulating private debt relations. It can also be established in the form of a promise of a gift that we often see as gift from hand to hand in daily life. The donor is privileged and protected in the donation agreement, who makes a saving gratuitously, although donor and recipient donate with mutual claims of intent. Because of this privileged position, the donor may unilaterally revoke the donation agreement, with the reasons set forth in the law. In our study, we reviewed at the circumstances in which gifts can be terminated, especially if gifts are revoked by the donor unilaterally. We have completed our work by focusing on the differences that the fulfillment of gift has made in terms of the causes and conclusions of the revocation. In our study, we reviewed the donation agreement in general terms and then evaluated the cases in which the donation agreements were terminated. It may be terminated by a joint decision of the donor and recipient, or by the decision of a judge or in the event of certain circumstances. In the event that the reasons set forth in the law are met, the gift will also be terminated by a unilateral declaration of intent by the donor or their heir in some cases.