{"id":2868,"date":"2022-02-02T17:18:40","date_gmt":"2022-02-02T14:18:40","guid":{"rendered":"https:\/\/www.ozkokhukuk.com\/?p=2868"},"modified":"2026-09-25T12:03:24","modified_gmt":"2026-09-25T09:03:24","slug":"tenkise-tabi-kazandirmalar-ve-tenkis-davasi","status":"publish","type":"post","link":"https:\/\/www.ozkokhukuk.com\/en\/tenkise-tabi-kazandirmalar-ve-tenkis-davasi\/","title":{"rendered":"Winnings Subject to Criticism and the Case for Reduction"},"content":{"rendered":"TO CONTACT NOW:\u00a0<\/strong>0 541 485 92 48<\/a><\/p>\n

WINNINGS SUBJECT TO REVIEW AND CASE OF RECLAIMED<\/h2>\n

Muvazaa refers to the agreement of the parties that the legal transaction will actually result in the provisions of a different transaction than the one that appears. In some cases, collusive transactions are null and void. The invalidity of the fake transaction can always be claimed. In cases where the lawsuit is filed in a tentative manner and the collusion request is not accepted, secondly, equalization can be claimed. Finally, criticism should be put forward. According to the Court of Cassation, in terms of annulment cases and criticism cases based on deputies’ collusion; The prior filing of one of these lawsuits does not mean waiving the other without a clear will. A judgment on one does not constitute a final judgment on the other. The allegation of pending between these two cases cannot be heard.<\/p>\n

Equalization is the unrequited gains made by the legator by deducting the legal inheritance shares of the heirs. Gains subject to equalization are returned to the estate or deducted from the inheritance share of the heir while the inheritance is shared.<\/p>\n

Tenkis is the violation of the savings made by the legator and the reserved shares of the heirs. Only the parts of these winnings that violate the reserved share can be nullified and their refunds can be requested.<\/p>\n

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Right of Tenkis<\/h3>\n

The right of annulment is a right specific to the law of inheritance granted to the heir in order to protect the reserved share of the heir with the reserved share. The sanction of the violation of the reserved share is the opening of the action for criticism. The net estate must be calculated very carefully before the claim of infringement of the reserved share is brought forward. Even if there are cases of annulment of death-related dispositions, the conclusion of those cases must first be awaited, and a pending issue should be made in terms of the litigation case. Otherwise, the net estate will not be calculated correctly, and therefore the reserved share will not be calculated correctly.<\/p>\n

Legal Nature and Characteristics of the Tenkis Case<\/h3>\n

The right to annulment is a right that can only be exercised through litigation. If the acquisition of the subject of criticism has not been performed, it is possible to assert the right of criticism by way of defense.<\/p>\n

Since the earning subject to criticism becomes void to the extent that it violates the reserved share, the case of criticism is a legally disruptive case. If the return of the earned gains is requested, the nature of the act of performance can also be mentioned. According to the dominant view, it is not necessary to request the return of the winnings separately together with the criticism case, because this demand is also implicitly included in the criticism case.<\/p>\n

The case of tenkis should be directed to the person to whom the gain is made. Tenkis case can only be opened after the death of the legator.<\/p>\n

Earnings Subject to Criticism<\/h3>\n

1-All death-related gains are subject to criticism. All the gains made by the legator with a will or an inheritance contract are subject to criticism if they violate the reserved share.<\/p>\n

2-Only those listed in TMK m.565 are subject to criticism.
\na. Gains subject to criticism Item 565- The following gratuitous gains are subject to criticism, such as death-related savings:<\/em><\/p>\n